THE KANSAS-COLORADO WATER SUIT.

THE KANSAS-COLORADO WATER SUIT.

Kansas-Colorado诉讼的情况下在水rights, it is rumored that the Kansas State attorneys have included in their amended complaint scores of the largest ditch companies in Colorado, and has appropriated a large sum to fight the case. Colorado, on the other hand, seems to be almost half-hearted in the matter, and acts as if she thought she had a losing case on hand. It is feared by one of its United States senators, that the trend of the United States Supreme court is against the State's contention, especially since that court overruled the Colorado’s demurrer and ordered the State to answer. The Supreme court, in the case of New Mexico and the waters of the Rio Grande river, which case was analogous to the one in question, gave an opinion or ruling which would seem to indicate very clearly that the court will be against Colorado in this present suit. It is plainly the intention of the Federal government to assume control of irrigation throughout the country. We have always contended, and it has never before been disputed, that the States had control of their nonnavigable streams; but it looks as if the Federal government were about to assume control of these also, on the broad theory that anything which affects their tributaries affects also the navigable streams. This would take control of its waters entirely out of the hands of the State, and destroy its irrigation enterprise. In fact, Justice Brewer was quoted as saying that the Federal government would have to assume jurisdiction over the irrigation question in the West. Nothing can be done in Congress to remedy the matter, for it is one of the contentions in Kansas’ suit that Congress has no power in the premises, Kansas having become possessed of the riparian rights under the old Northwest Territory. It is confidently asserted that, if Kansas wins her suit, she will call upon the United States army to enforce her rights under the decision, and then all irrigation would have to cease in Colorado. Such a calamity would be of untold consequences to that State. If Kansas is entitled to the waters of the eastern watershed, New Mexico would be entitled to those of the southern, and Utah and other neighboring States would all come into Colorado for its water, many of the largest streams having their rise in that State.

Kansas-Colorado诉讼的情况下在水rights, it is rumored that the Kansas State attorneys have included in their amended complaint scores of the largest ditch companies in Colorado, and has appropriated a large sum to fight the case. Colorado, on the other hand, seems to be almost half-hearted in the matter, and acts as if she thought she had a losing case on hand. It is feared by one of its United States senators, that the trend of the United States Supreme court is against the State's contention, especially since that court overruled the Colorado’s demurrer and ordered the State to answer. The Supreme court, in the case of New Mexico and the waters of the Rio Grande river, which case was analogous to the one in question, gave an opinion or ruling which would seem to indicate very clearly that the court will be against Colorado in this present suit. It is plainly the intention of the Federal government to assume control of irrigation throughout the country. We have always contended, and it has never before been disputed, that the States had control of their nonnavigable streams; but it looks as if the Federal government were about to assume control of these also, on the broad theory that anything which affects their tributaries affects also the navigable streams. This would take control of its waters entirely out of the hands of the State, and destroy its irrigation enterprise. In fact, Justice Brewer was quoted as saying that the Federal government would have to assume jurisdiction over the irrigation question in the West. Nothing can be done in Congress to remedy the matter, for it is one of the contentions in Kansas’ suit that Congress has no power in the premises, Kansas having become possessed of the riparian rights under the old Northwest Territory. It is confidently asserted that, if Kansas wins her suit, she will call upon the United States army to enforce her rights under the decision, and then all irrigation would have to cease in Colorado. Such a calamity would be of untold consequences to that State. If Kansas is entitled to the waters of the eastern watershed, New Mexico would be entitled to those of the southern, and Utah and other neighboring States would all come into Colorado for its water, many of the largest streams having their rise in that State.