La Junta tribune., 1915-04-24
kANsAs-CoLoRADo SUIT.

Pioneers Giving Evidence In Kansas.
Colorado Suit In Pucblo-All
Favorable to COlOrsliO.
Evidence In the Colorado Kansas
water suit was being taken in Pueb-
10 this week before State Engineer
Weiland. The Colorado Kansas wa
ter suit is a case brought by water
users In Kansas against water users
In Colorado to determine whether or
not state boundaries have any effect
on water rights. The Kansas water
users who have water rights In the
Arkansas river will contend In the
suit that their rights should be Civ
en- preference over Colorado rights
OF later date than the Kansas
rights. They will claim that the
Arkansas river water should not be
appropriated In Colorado II already
appropriated In Kansas.
In defense the Colorado water u.s.
ers will claim the Arkansas river II
dry In Kansas during the most Of the
irrigation season and that the sppro-
priation Of the water In Colorado
does not effect the volume Of water
In Kansas. II will be the effort Of
Colorado water ussrs to prove that
even II the water was not appropri.
ated In this state II would sink iato
the sand aad be taken up By evspor-
alton long before Il reached the
poiats Of divsrsioa stipulated By the
Kansas claimants.
There II little alarm felt in this
state over the outcome Of the suit.
Bat every effort 10 being made 70
srepars the case sad ct ths svt-
dsnce In such shape thas Il caa b
presented TO . Jury inteilisently.
rhe chief evidences 70 be offered
By Colorado will be proof that the
Arkaasas river In Kansas WAS dry
- pioaeer days. before any water
was used for irrigation In COLORADO.
This evidence 10 now being sathsrsd
IN this state and already a immeass
|anoHnt Of evidsacs hos bsen tsbu-
lsssd. DsDositiens ~ ths hundss1s
sss bsisg secured fFoa ploasss rssl-
dents Of Colombo aud Kansas. In
gatherinG this evidence pioneer his
tory Of interest Is being uncovered
and the evidence when finally sub
mitted will be Of historical interest.
The evidence being gathered now
is not being made public for the rea-
son that Il will be- submitted later In
court. One witness for Colorado IL
at present serving ~ mayor Of
Kansas town. In giving his deposit
ton he states that In the summer Of
1850 he rode horse across the Ar.
kansas river nj several points with
out getting the animals feet vet.
A. that time there Was very little ir-
ri6ation water being used In either
state and most Of the water rights
that are plaintiffs In the case nov st
issue date from periods later than
1860.
Much Of the evidence which Colo
RADIO will present will come from res
idcnts Of Kansas who knew IN. con.
dition Of the river In Kansas before
the days Of irritation In Colorado
and will be- able 10 testify that there
~as no water there In the Irrigation
season 20 be- appropriated. This
sort Of evidcne. viii establish the fu.
unity Of forcing Colorado water us.
err TO abandon their use Of Arkansas
river water. as the water would not
20 into Kansas anyhow. did not
60 into Kansas before Il vas ever
us~d In Colorado aud would be- Of
no benefit 10 Kansas water users ~.
en n Il vas permitted 10 pass by Col.
orado uscrs.
10 much positive evidence II be.
Ing gathered along this line that the
Colorado water ussrs feel coufideat
that they viii be able 70 show . jury
or Judge that Il would b. . vain thing
for . court 70 srant the piea Of the
Kansas water users.
u. W. Potter. Of L. Jsats. vas
one Of the witnesses examlaed Thur.
day. He n one o. the pioaeeS aad
In the early days Travelled extsaslve-
" W and down the Arkaaaas river.
lie testified that maay times The A..
kassas river vas practically dsy n
Kansas sad that the fact that tAeco
wss sos sufficient water ijewlag laeo
Kansas was not ths fault es 10 0ueA
belas takea from TIE AFksaeae slvoe
hy ths Colombo ditchss bue beeaueo
Of seeDase aad wases.
A.