Rocky Ford enterprise., 1911-10-27
some DATA ON
WATER SUIT
Brought By the United States
Irrigating Company
AGAINST ARKANSAS
VALLEY COMPANIES
Reasons Why the State Should be
Interested In This Litigation and
Bear the Burden of Defense

tuted in the Circuit Court of the United
States for the District of Colorado. by
the United States Irrigating Company
against amDtohcompany. ct al
The corporation defendants are the
owners of the larger irrig ating enter
prises in the Arkansas Valley of Colora-
do. and the bitches owned by said de-
PENDANTS serve an aggregate of about
100000 acres of land, and on the
strength of such service the material
prosperity of the Arkansas Valley has
developed. The towns of Fowler. Man
zanola. Rocky Ford. Swink. La Jrnta,
Las Animas. Lamar. Granada. Amity
and Holly have grown up and come into
existence as much on account Of the con-
struction of these bitches as on account
Of any one circumstance. Without these
supplying the lands under them there
would be no excuse for the existence of
many of these towns.
The relief prayed for in the above en-
titled case is. in substance, that the cor
poration defendants own their right to
divert water from the Arkansas river
subject to the right Of the complainant to
divert $50 feet for the Great Eastern
ditch and the South Side ditch in Kansas.
near Garden City. $50 feet being claimed
for the Great Eastern and 100 feet for
the South Side. The date which the
complainant claims for its priority is
1881.
The theory of the complainant is that
its bitches were constructed prior to the
bitches of the defendants. and that the
doctrine Of appropriation applies through
out the length of the river and that Colo
RADIO has no right as state to decree
water to the defendant bitches without
recognizing the claims Of the complain
ant. and that federal court ought to
enter a decree to be administered
throughout the whole river. giving Kan
sas bitches date of priority prior to the
priorities OF the defendant.
There are many other bitches in Kan
sas which, il the contention Of the COM
plainant is sustained. will likewise be en-
titled to bring suit and the result will be
that all of the water Of the river will
have to go into Kansas. Even il the
complainant should be the only Kansas
ditch owner claiming as against the
Colorado bitches, as practical fact ow-
ing to the condition of the river. it will
take all of the water flowing into the
river. excepting at food times. to supply
the $50 feet claimed at Garden City.
Why is the State of Colorado interested
directly in this litigation?
First. Because millions Of dollars
worth Of taxable property in this State
will be destroyed if the contention Of the
plaintiff is sustained.
Second. Because thousands Of pros
porous farms will be thrown back into
waste prairie if the contention Of the
complainant is sustained.
Third. Because at least fifty thousanc
people living in the Arkansas Valley will
have to secure homes elsewhere, il the
contention of the complainant is sus-
tanned.
Fourth. Because Colorado as SOW
ereign state. has by her constitution ano
laws encouraged the settlement of land.
under these bitches by guaranteeing te
the owners of priorities a prior right to
the use Of the waters in question.
The complainant is composed of a
coterie of Colorado Springs and Denver
capitalists who went into Kansas anc
bought up the two bitches above referred
to, abandoned for years. with the hope
that the courts would sustain the con-
tention advanced in this case. thus en-
hancing the value OF a bankrupt property
into millions of dollars at the expense of
the people of Colorado.
The corporation defendants above
named constitute what is known as the
Arkansas Valley Ditch Association,
When this suit was instituted this asso-
citation naturally turned to the legislature
soon to convene. for assistance in de-
Tending this colossal attack upon Colora-
do and her interests, and the legislature
Immediately saw the Importance of the
demand and the danger of the situation
and passed the relief bill. which was
partly to defend this suit and which was
to be used partly in defending other as
saults which were being made or threat
ened, on other streams OF the state. the
theory of the other assaults being the
same as the one advanced by the CON-
plaInant.
Pending the action Of the legislature.