Omaha daily bee., 1916-04-16
OPENING GUN IN Big
IRRIGATION FIGHT
Nebraska Files Suit in Federal Court
Against Colorado Ditch Com
panies on South Platte.
CONTENDS FOR PRIORITY RIGHT

DENVER, Colo, April 1.-THE
first gun Of the big fight between
Nebraska and Colorado over the
waters Or the Platte river was fired
today when the bin Of complaint Of
Attorney General Wills u. Reed Of
the state Of Nebraska was filed In
the federal court, asking for an In
junction against the state engineer
and water superlntendents Of Colo
RADIO and against large number Of
ditch companies Of Cor0rado, 10 pre-
vent them from using up the waters
Of the South Platte on Colorado
lands
THE bill of complaint Ii lengthy doeu
mcnt and scis Out The Nebraska theory
that ln dealing with the waters Of tbs
arcai interstate streams 0f this country,
alate hnes should De- wiped out
Chafies e. craft and f. y. Edgerion
of Auron. Neb and ). q, Beeler II
NOrih Platte. Ncba are assoeIates With
Attorney Gcnera Reed ~ counsel In the
caae.
N bm complaint. Attorney General
Reed appears Tor The western irrigation
district of Nebraska whoro ditch is sps
pfosimatciy my miles III length along
ne South Platte river. and whose water
appropriation u supposed 10 be 40 cubic
feet per second Tbis western irrigation
district includes about iJ,e@ acres in Nee
braskG
Allegations IL Complaint.
The attorney generals Dill tells The
court thai ihe dlethes ~ this western r..
tieatlon district are dry and it's lanaH
are unlrfaated. because later appropfia-
tors IN the stsie of Colorado have used
nll Of The water befofe 81 passed the state
Ire
The bin of complaint alleges that The
defendant ditch companies. which are la-
Gated IN Colorado. have all secured their
appropriations Of water 81 subsequent
date 10 that of the western Irrigation
district, and that these defedant COM
panles have beon aided IN this sppfopria
ton of the south Platte water by the
state engineer and other public officers
~ the state of Colorado.
First Ia TIme, First Ia Right
IN biief the contention of the state
NJ Nobfsaka Is that, first IN time y
nrat IN right on 81 interstate stream,
and thai when Il comes 10 the use ~
the waters of an interstate stream liks
tie Platte. state lines should be abso-
lnely dlaresardcd and that the prior ape
pr0pHalor down tile stream should mol, p
later gcars, be deprived 81 the water
necessary FOR hia farm. because Of an ar
tlfiria state line between Colorado and
Nebraska, which creates two common.
woaltha with two seta Of irrigation iew.
IN other words. The state Of Nebraska =
taking The anne position In this suit that
the United statoa bse taken in other suits
and asks Tor the doing away OF all state
lines IN dealing with the water OF inter-
state streams
ThIs sun was started BY Attorney Gen
ornl willis E. Reed from an appropria-
tl0n made by the last Legislature Of
81. 100. in which the Nebraska Legislature
authorized the attorney general 10 appear
as attorney for Nebraska irrigation dis-
ircts which were fighting for their share
| of the waters Of interstate streams.
The attorney general has been making
| careful study Of this subject and hhs
come 10 the conclusion that the Initial
| battle between Colorado and Nebraska
should be over the waters Of The South
Platte river
Many pitches Already mug.
Numerous reports have already reached
| HIS office to the effect that the irriga-
| tlon ditchea along the South Platte ~
Nebraska are already dry. and that the
big reservoir companies from sterling
aud Fort Morgan and Greeley are pouf-
ing the water of the Platte into thair
reservoirs IN anticipation OF a dry spflng
and summer.
with this state of facts before him.
| Attorney General Reed has been devot-
ing much of his time and attention 70
the preparation Of this bill OF compiaipt
and tho big law suit which must neces-
sarily ensue
This case will undoubtedly 10 the
| United states supreme court and its If
feet upon irrigation laws will be monn.
mental II Nebraska wins this ease. Il
means the wlplng out OF tho state lines
and a readiuatment of the appropriations
OF water OF all Of the Interstate streams.
II means q decided victory for the reela.
nation service of the United States gov.
ernmont which has always eontended
that the state lines should not exist ii
the use of this water, II means that the
| Nebraska lrrlgnors, who had lawful sp.
proprailona of the waters of the North
Platte ana lhc South Platte and The Re,
publican rivera, viii lie fully protected
Ia their water rights