OCR Text |
Show SUPREME GOUHT " RULING IN RIVER CASEJPED State Engineer Asked to Comment on Features of Dispute .Between Wyoming Wyom-ing and Colorado Claims Btate Engineer R. E. Caldwell ha received from Clarence C. Bteteon. executive ex-ecutive secretary of the Colorado River commlnalon, a aummary of tha decialon of tho United Ntatea aupreme court In tha raw of Wyoming against Colo. rado. Engineer Caldwell Is aaked to rive his comment as to Its effect on I any compact the commission may decide de-cide upon. Hla summary of the decision. de-cision. In part, reada: "Distinguishes caae from Kansas sgalnst Colorado which applied the doctrine of equitable apportionment as I ftween the states on the ground that In the Kansas-Colorado case the law obtalnlnc In two states differed, thnt Is Kansas recognised the common law doctrine of riparian rights and Colorado Colo-rado tha doctrine of prior approprla- hlnn I -The contention of Colorado that she as a state rightfully may divert and use the waters of an Interstate stream, regardless ot prejudice to others having hav-ing righta to and In the stream beyond her boundary, was held untenable on the ground that auch atreama la but a alngle atrram In which each atate has an Interest thnt must be respected by the other. The contention of Wyoming that a proposed diversion bn Colorado waa not rfermleeahle on the ground that It waa a dlverelon to another watershed, water-shed, from which Wyoming can receive re-ceive no benefit, waa not auetolned as such diversion does not necessarily form the ground for a (complaint where the practice la recognised In both stales. The dictum to the effect that where water is put to a recognised beneficial benefi-cial use. Iln both states, the fact that In one state It can be more highly uaed Is not controlling In the rights of the two slat', to the water. -The dictum that tha water originating originat-ing In Colorado and flowing Into Wy-.omlng Wy-.omlng doea not amount to a contribution, contribu-tion, by Colorado to Wyoming as the river was there long before the states and on their coming Into being they accepted by necessity this as a condition con-dition affecting their Inter relations." I .awn mowers ground right. Jack Flower. l W. Broadway. Waa l2. |