The Lamar register., 1915-04-28
KANSAs-CoLORADO SUIT
Pioneers Giving Evidence in Kansas
Colorado Suit in Pueblo. All
Favorable to Colorado


this week before State Engineer Wei
land. The Colorado-Kansas water
suit is a case brought by water users
| in Kansas against water users in Col,
orado to determine whether or not
state boundaries have any effect on
water rights. The Kansas water users
who have water rights in the ArlSan-
sas river will contend in the suit
that their rights should be given pre-
ference over Colorado rights of a later
date than the Kansas rights. They
will claim that the Arkansas river
water should not be appropriated in
Colorado if already appropriated in
Kansas.
In defense the Colorado water users
will claim the Arkansas river is dry
lin Kansas during the most Of the
Irrigation season and that the appro-
ipriation Of the water in Colorado
does not affect the volume Of water
in Kansas. 1t will be the effort of
/ Colorado water users 20 prove that
even if the water was not appproriat-
ed in this state it would sink into the
sand and be taken up by evaporation
long before it reached the points Of
4 diversion stipulated by the Kansas
claimants.
There is little alarm felt in this
state over the outcome Of the suit.
But every effort is being made to
prepare the cast and get the evidence
in such shape that it can be presented
to a jury intelligently.
The chief evidences TO be offered
by Colorado will be proof that the
Arkansas river in Kansas was dry in
pioneer days, before any water was
used for irrigation in Colorado. This
levidence is now being gathered in
this state and already an immense
amount of evidence has been tabulat-
ed. Dispositions by the hundreds are
being secured from pioneer residents
,of Colorado and Kansas. In gathering
this evidence pioneer history of inter
est is being uncovered and the evi-
deuce when finally submitted will be
of historical interest.
The evidence being gathered now
is not being made public for the reason
THAT il will be submitted later in
court. One witness for Colorado is
lat present serving as mayor Of
Kansas town. In giving his deposit
'tion he states that in the summer Of
1860 he rode a horse across the Ar
kansas river at several points with
out getting the animals feet wet.
At that time there was very little ir-
Irrigation water being used in either
state and most of the water rights
that are plaintiffs in the case now at
issue date from periods later than 1860
Much of the evidence which COLO
.rado will present will come from res
idonts of Kansas who knew the con-
ditions of the river in Kansas before
the days of irrigation in Colorado,
and will be able to testify that there
season to be appropriated. This sort
of evidence will establish the futility
of forcing Colorado water users to
abandon their use Of Arkansas river
water, as the water would not go into
Kansas anyhow, did not go into Kan
sas before it was ever used in Colo
rado and would be Of no benefit to
Kansas water users even if it was per-
United TO pass by Colorado users.
So much positive evidence is being
gathered along this line that the Col
orado water users feel confident that
they will be able to show a jury or
judge that it would be a vain thing
for a court to grant the plea Of the
Kansas water users.
II. W. Potter Of La Junta was one
of the witnesses examined Thursday
He is one Of the pioneers and in the
early days Travelled extensively up and
down the Arkansas river. He testi-
fed that many times the Arkansas riv-
er was practically dry in Kansas and
that the fact that there was not sufIi-
cient water flowing into Kansas was
not the fault of too much being taken
from the Arkansas river by the Colo
RADIO bitches but because of seepage
and waste.
I The ATTORNEYS for Colorado are