The Lamar register., 1907-05-22
COLORADO WINS
coLoRApo.KANsAs WATER CASE
is FINALLY DECIDED.
SUPREME COURT ENDS CASE
Progress Of. Agricultural Develop
Ments Along the Arkansas River
No Longer Hindered,


Washington..The somewhat famous
case of the state of Kansas against the
state of Colorado. by which the for
mer sought to have the latter enjoined
from diyerting the waters of the Ar
kansas river for irrigation purposes. or
permitting its citizens TO do SO. was
dismissed by the Supreme Court Of the
United States.
1t is impossible to exaggerate the
Importance of the decision handed
down by the Supreme Court Of the
United States in Washington in the
The decision of the highest tribunal
in the land is a sweeping victory for
Colorado. and all litigation which has
been dragging through the courts for
years, and which has cost the state
hundreds of thousands of dollars, has
been disposed of.
While the suit was pending irriga-
ton projects which had been planned,
involving the expenditure of millions
of dollars, were tied up; land invest
ments along the Arkansas river had re-
ceiyed a blow and much valuable land
which had been placed under water by
the investment of vast sums of money
already expended by ditch companies
were in jeopardy. Now that Colorado
has won, Irrigation and land projects will
receive a new impetus, and 1t Is stated
by several attorneys that thousands, II
not millions. Of dollars will soon be
invested In the valley along the Ar
kansas river. where there has been lit
tie activity for so long.
Attorney Plat Rogers, who was en-
gagged in the case, in the interests OF
Colorado, and Is probably as familiar
with 1t as any man in the state. said
when the suit was brought by Kan
sas some irrigation projects were pre-
vented from being properly exploited
and investments in the territory in
volved were practically at a standstill
As the suit went on, however, less and
less regard was paid to 1t and many in
vestors went ahead with their plans
There were, however. many timid in
vestors who will now be able to pro
coed without fear of being affected by
litigation
Irrigation Boom On.
1t is stated at the state engineers
office In Denver that there was never
more activity In Irrigation projects In
Colorado than at the present time. In
vestors seemed to feel confident thai
the findings OF the Supreme Court In
the big suit would be In Colorado
favor, and as a result. 1t is said. appli
cations for irrigation and reservoir
sites are being filed at the rate OF
twenty per day.
The Colorado Kansas controversy
when 1t was irst raised by the state
II Kansas. excited more interest In lie
gal and scientific circles probably thar
any suit that has ever been In tht
United States Supreme Court. Tn,
most learned and expert legal talen
of the two states were engaged in fight
ing the case through its various step.
and the expense to the two states
which. under the decision. each pay
their individual costs. will amount t.
hundreds OF thousands of dollars.
A brief history - the suit from 1t
beginning. as detailed BY Attorne.
Plat Rogers. follows:
Just seven years to the day hav
passed from the beginning Of the suit
until the final settlement. On May IL
1901, the state of Kansas made appli
cation to the United States Supreme
Court for leave to file a bill of com
plant against the state OF Colorado
On May 20. 1901. leave was granite,
and on the same day the complain
was filed. The complaint set forth tina
the state of Colorado and owners o
bitches in the state of Colorado alon.
the Arkansas river were SO divertin,
the waters of that river that the rive
no longer flowed into the state of Kan
sas and that thereby Kansas land.
were injured principally by lowering
of the so-called underfiow lying unde
the entire valley. which in turn de
prived crops raised in the valley land
of sub-irrigation, the advantage o
which they had formerly enjoyed. Va
rious other elements of injury were al
legged. but these were practically los
sight of in the progress of the case.
October Is. 1901. the state of Colo
RADIO filed its demurrer. together will
briefs in support Of same. IN answer
to which briefs were filed by the stat
of Kansas, and on February "a, 1902
the demurrer was orally argued IL
Washington. These arguments were
particularly able and eloquent. Colo
RADIOS contentious were argued by Lu
Their NJ. Goddard. now State Supreme
Court justice: Plat Rogers, and for