Rocky Ford enterprise., 1912-11-29
KANSAS-COLORADO !.
WATER SUIT
Evidence Now Being Taken
in the Famous Case
OF GREAT IMPORT TO
ARKANSAS VALLEY
And Its Trend will be Watched with
Interest by Those Dependent
Upon Irrigation

The following succinct account of
the kansas-Colorado water suit, of
which very few people even in the
Arkansas Valley appear to realize the
Importance, is taken from the La
Junta Tribune OF last week:
Evidence in the famous Kansas
Colorado suit over the waters of the
Arkansas river is now being taken in
Garden City and I.akin. Kan. before
Harry c. Watt. of Denver, who was
appointed by Judge Riner. of the fed
eral court, to officiate as commission
er in the case. The case was opened
for the taking of evidence at Garden
City on October 18th, and up to the
present date, which covers a period of
nearly month and half. only nine
teen witnesses have been examined.
and it is said that it will take over
year and half to complete taking tes-
timony in the case.
Fred A. Sabin, oil this city, is one
of the attorneys in the case for the
defense, and associated with him are
Platt Rogers and Henry Dubbs, of
Denver, and W. l.. Hartman. of Pu-
eblo. Henry Trowbridge. of Den
yer, represents the United States lr-
rigating COMPANY, owner of the Great
Eastern and South Side bitches. COM
plainants in the case, who claim the
right to $50 second feet of water. bas-
ing their claim on prior rights dating
back to 1881. This claim of prior
right antedatcs the priority of every
ditch in the valley. with the single ex-
ception OF the Rocky Ford ditch.
which has priority dating back to
1874,
The contention is that the Kansas
farmers were using the waters of
| the Arkansas in the year 1881, at
| which time but very few of the ditch
cs now in operation in the Arkansas
Valley were in operation. The Kan
sas farmers claim that the Colortdo
bitches took all OF the water out of
the river and put them out of busi-
ness. The United States Irrigating
company owns two canals. located
about forty miles east of the Colo
rado state line. near Hartland. one
known as the Great Eastern canal,
about sixty miles long, and the 9TH
cr the South Side canal. about twcn-
ty-fivc miles long. both utilizing the
same dam across the river to secure
a water supply. The two canals sup.
ply water to about 10000 acres of
land.
In case the Kansas people win the
suit there will not be much water
left for irrigating purposes in the Ar
kansas Valley, and it would probably
result in numerous other old time
bitches in western Kansas making
similar claims to more ancient pri-
critics than Colorado can boast of.
At least that is what the lawyers say.
and OF course it's the difference of
opinion as to prior rights in ditch
matters that makes business for the
lawyers. both in Colorado and Kan
sas. They say there is the same ele-
ment of doubt in lawsuit as there is
in horse race-there is always
chance to win. and its the difference
of opinion about the chance" that
makes both lawsuits and horse races.
Very few people in the Arkansas
Valley seem to realize the import
ance OF this suit-outSidc OF the law
yers. II practically means life or
death to the agricultural interests OF
this valley. II Kansas should win
this suit it means that in order to
deliver $50 second feet of water to
the Great Eastern canal in Kansas.
forty miles the other side of the
Colorado state line. it would require
the river at La Junta. and the ditch
cs in this valley could not take any
water from the river until Kansas
had been supplied When it is re
membered that at no time, save in
instances of flood or extremely tioh
water. is there more than 400 second
feet OF water passing at this point. it
is evident if Kansas is successful in
her contention there will not be much
water left for irrigation purposes any
where in the Arkansas Valley.
All the lawyers say that the Kan
sans have very strong case, and
they are rather inclined to view with
alarm the fate that awaits this rich
est valley on earth providing we are
compelled by Uncle Sam to go down
to the river bank and sit idly by while
the water of our own Colorado river
flows down into Kansas to make the
desert wastes OF the JayhawkerS
bloom and blossom. Very few peo-
pie can be induced to cross bridge
until they get to it. so most of us
will not worry over the cute ONE of
the Kansas-Colorado suit-not yet.
not until all the evidence is in, and
that will be year and half hence.
and the case will just have a good
start by that time.