The Julesburg grit-advocate., 1923-05-17

ir.ct No. l. rather than district No.
Ga, the compact does not affect the
rights of this district. although the de-
cree was obtained in 1908. The COM
pact does not affect the river higher
than District No. ga. composed Of Lo-
gan and Sedgwick counties.
Irrigation authorities here are e.
pecially pleased to have the litigation
ended. A recent dec c.sion of the Unit
ID St,tes supreme court, in the Colo
RADIO Wyoming cases, would indicate
that the high court is not likely to up
hold the traditional contention Of
Colorado, that it is entitled to the vat
ers originating in its mountains. The
states position is unique, in that all
Of its rivers flow out and no rivers
tlow into the state.
The history of the South Platte riv-
er compact is as follows:
On April l6. 1916, Nebraska water
;sers filed suit in the federal court
against q large number of Colorado
appropriations and the state water Of
ficials. The suit was in all respects
similar to the pending controversy be-
tween Kansas and Colorado respecting
he waters of the Arkansas river. The
issues raised are the same and the
pleadings similar. While the Me-
braska suit affected every water right
On the South Platte and its tributar-
les in Colorado. with priority junior
to June 10, 1897, its existence has
been largely unknown by reason of the
mo publicity" policy adopted by those
for Colorado.
oftar <bo <;1;n.~ ~ thu
suit the South Platte appropriations
organized with headquarters in Fort
Morgan. Senator Charles /. Colwell
of Brush and Arthur H. Cutler Of
Fort Morgan were elected and are still
acting as president and secretary, re-
spectively, of the organization.
DELPHI E. Carpenter has been direct
ing counsel for the organization since
the filing Of the suit.
R. G. Hosea, irrigation engineer
deputy state engineer), has been the
expert in charge of the studies of the
water supply and the photographic
investigation.
An intensive study of the legal and
physical phases of the problems in
volved has been continuously conduct
ed since 1916, including elaborate sur
veys of the seepage and return water
supplies available for the service of
lands in both states.
A very limited area can be served
in Nebraska by bitches diverting wat
er in that state, but the fertile lands
in Perkins county can be reached by a
canal to head in Colorado above
Julesburg. The possibilities of service
to these lands by the interstate canal
(the proposed Perkins county cana)
was early brought to the attention
If the authorities in Nebraska and the
desirabihty of treaty between the
| states for settlement of pending dis
putes and opening the door to future
development has been discussed by
counsel for Colorado bitches with the
Nebraska officials since 1917.
In 1917 the Colorado legislature
| enacted a statute forbidding the di-
version of water in Colorado for use
upon state lands in another state
without previous consent of Colorado
Nebraska has been unable to COM
mence construction of its canal until
the conclusion of treaty with Colo
RADIO.
Surveys have been made and Ne
braska authorities have been urged to
accept the proposition made by coun-
| sci for Colorado. The treaty signed
at Lincoln April 27, 1923, settles all
pending controversy and opens the
loor to large development in Nebras-
IA without impairing present or fut-
ire development in Colorado.
In early days the South Platte riv-
er was dry during the summer months
at points below Fort Morgan. The
| irrigation of lands upon the tribu-
taries and along the upper river pro-
iuced an ever increasing return flow
which has brought about the develop
ment of the country from Greeley to
Julesburg.
This return flow now supplies the
valley lands below Julesburg in Ne
braska, as far east as Ogallsla. Ne
braska makes no use of the water dur
| ing the winter months, but Colorado
stores all of the winter flow to as far
| east as Balzac and also a part Of the
| winter flow below that point. The
use and storage of the return flow.
coupled with the use and diversion of
the flood flow, has charged the dry
stream of early days to one Of con-
stant flow at the state line. More
than 100 900 acre feet of water now
pass unused into Nebraska each win
ter, after supplying all Colorado ap-
propriations. The future develop
ment in Colorado will come largely
from the storage of flood waters while
the development in Nebraska will re-
suit altogether from the use and stor-
age of the ever increasing return
flow which otherwise would pass the
interstate line
These fundamental conditions have
simplified the adjustment between
the states and permit new develop
ment in Nebraska without possible
injury to future development in Colo
RADIO.
The Typographical conditions of the
river valley between Sterling and
Julesburg limit future development
to small areas for which $4,000 acre
feet of winter flow is specifically re-
served by Colorado.
The compact is satisfactory to Ne
braska, and has been ratified by its
legislature. The full protection OF
present and future development in
Colorado assures like action by the