La Junta tribune., 1912-11-23
kan...-ceior.de Suit New On.


the Arka' sas ri er Is now being
taken In Garden City and Lakin.
Kan. before Harry c. Watt. Ct Den
yer. who was appointed by Judge
Riner. OF the federal court. to Off.
ciate as commissioner In the case.
The case WAS cpered for the taking
OF evidence at Garden City on Octo-
Der 18th, and up to the present date.
which covers period OF nearly a
month and half. only nineteen wit
nesses have been examined There
are 100 witnesses to examine and 1t
IL said that II will take over year
and a half to complete taking testi-
mony In the case.
Fred A. Sabin. OF this city. is
one Of the attorneys In the case for
the defense. ard associated with
him are Pla,t Rogers and Henry
Dubbs, OF Denver and W. l.. Hart
man. OF Pueblo. Henry TrowbridSe.
of Denver. represents the United
Stat S lrrigating Company. owner OF
the Great Eastern and South Side
bitches, complainianfs In the case.
who claim the right to $50 second
feet OF water. basing their claim on
prior rights dating back to 1851. This
claim OF prior right antedates the
priority OF every ditch in the valley.
with the single exception OF the
Rocky Ford ditch. which has a pri.
ori'y dating back to 1874
The contention Is that the Kansas
farmers were using the waters OF
the Arkansas In the year 1851. at
which time but very f,w oi the ditch
es nov In operation In the Arkansas
Valley we're In operation. The Kan
sss farmers ehim thss the Colorado
bitches took all OF the water out
Of the river and pm, TIM oss u
bs,siaesA m Uetasd Sis'ss lysont-
lag CsoSa-y owns two caraIa. Iocat.
- about TORY miles east Of the Col
orsAo state Hne. near Hartland. one
known ~ the Great Eastern Carat.
about sixty mikes lDnx. and the other
the South Stt. Canal. about twenty.
five miles long. both utilizing the
same dam across the river to secure
a water supply. The two canals sup.
ply water to about $4,000 acres OF
land.
In case the Fanras people win the
s,it there will not be- much water
left f'r irrigating ru-Dcses In the Ar.
kansas Valley. and II would probably
dltches In western Kansas making
similar claims u more ancient pri.
critics than Colorado can beast Of
It least thx' Is what the lawyers say.
and OF course It's the difference of
opinion M to prirr ri-his In di'-h
matters that makes business for the
lawyers. both Ia Colorado ard Kan.
sas. They ray t''ere is the sam.
element - doubt In lawsuit as
IN re u In hcrse race-there n
always n chance TO win. and Its the
"cha-cc" tAn; makes both lawsuits
and hors. races.
Very few peorlc In the Arkansas
Valley seem Ia realize the import.
ice OF this suit-cutsidc Of the law.
yers. Il practically mesrs life or
death to the agricultural interests
4 this valley. II ksnHas should win
'h's suit Il m~a-s that In order to
deliver $50 second feet os water to
N. Great Eastern Canal In Kansas.
f"rty miics the other side of the
Colorado safe line. II would require
. fiow Of about 1860 second feet In
tn. river At - Junta. and the ditch.
- In this valley could not take any
water from the river until Kansas
had been supplied. When II II re-
m"mbered that at no time. save In
tns;ancss cf fiood or extremely hish
water. II there NOR. than JOO sec.
ond feet Of water passing at this
1 point. II 10 evident II Kansas II sue.
cessful In her contention there will
mt BIZ much water left for irriga.
ton pu-poses a-ywhcr~ In tho Arksn.
sas Valley.
! Al Of the lawyers ray that the
/ kanssns have . very strong case.
a,d they are rather incpsned 10 view
with s's-m the fac thst awaits this
richest valley on earth providing We
are complied by Uncle Ssm to 70
down 10 the river bank and sit idly
4, By while the water NJ our own Col
oraAo river flows down into Kansas
70 make the drSert wastes Of tho