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<br /> <br /> <br />~-. <br /> <br />10 <br /> <br />its use of the water was suPQrior to the proposed use of thQ other state. While <br /> <br />the superior-use principle did not worJ< in Colorado's favor in the cases with <br /> <br />Wyoming over use of the Laramie River, the Supreme Court did find it applicable <br /> <br />to the 1907 Kansas v. Colorado case. The opinion of the Cot:rt stated that a <br /> <br />~ neighboring state must not only shOll a technical \;ater right when proposing to <br />~ <br />, <br />, interfere with its l1E ighbor' s development; it must also have "a right with a <br /> <br />. b f. 38 <br />correspond1l1g ene 1 t." <br /> <br />TI1e Court then judged that although evidence lJaS <br /> <br />presented to Sh01, that Colorado's irrigation \;ith Pu:kansas River water did \1ork <br /> <br />d. 39 <br />"sane etrlmentll <br /> <br />to Kansas, the great benefits that it provided for Colorado <br /> <br />1, <br /> <br />irrigators out\;eighed this detriment. <br /> <br />The Justices' opinion seems to support.the goals of the Reclamation Service <br /> <br />and Teddy Roosevelt to reclaim and develop the West by making arid lands productive. <br /> <br />The opinion held that the Colorado irrigators established a more beneficial right <br /> <br />to the "ater by "transforming thousands of acres into fertile fields and rendering <br /> <br />possible their occupation and cultivation when othen,ise they would have continued <br /> <br />., <br /> <br />ba d . d 40 <br />rren an unoccuple ." <br /> <br />TI1e Court's ruling made it clear that Colorado had <br /> <br />no right, as it claimed, to use all of the lIaters lIithin its borders regardless <br /> <br />of injury to the water users of other states. TIlese injuriQs "ould have to be <br /> <br />. <br /> <br />considered, but in deciding that Colorado's benefits outlleighed Kansas' inj uries, <br /> <br />the 1907 decision \;as Colorado's victory. <br /> <br />Wyoming took Colorado to court first in 1911 in a case that would eventually <br /> <br />be decided in 1922. TIJis was the first in the sQries of four sui ts prior to 1946 <br /> <br />.1 <br /> <br />mrer Colorado's use of the Laramie River. (They \;ill be examined and discussed <br /> <br />\ <br /> <br />at a later point in light of Meeting Five of the Upper Colorado River basin Cbmpact <br /> <br />~ission and the distrust ShOl<n by Wyoming towards Colorado's intentions within <br /> <br />, <br /> <br />that meeting.) 10 1913 a Nebraska irrigation company toolc the Colorado State <br /> <br />." <br /> <br />;. <br /> <br />,..,..............,..-....... .-, <br /> <br />- <br />