Laserfiche WebLink
<br />C~) <br /> <br />,,,,,", <br />~cw <br />~ <br />..... <br /> <br />, <br /> <br />-8- <br /> <br />--THE" OPINION <br /> <br />4- Cono lusio::s from O!,ir:.!-~~ (cant I d) <br />the state line, nor is Ilanse.s entitle d to olaim, flood water s and winter flows <br /> <br />not divertible or usable by oonstrooted enterprises in Kansas. This oonolu- <br /> <br />sian follows from the Opinion that. nHhatever may be said of the praotises <br /> <br />in Colorado sinoe 1905, Kansas is not entitled to relief unless she shows <br /> <br />that tlYay have olearly ente.iled serious damage to her substantial interests <br /> <br />and those of her oi tizens." Manifestly, the capture and utilization in <br /> <br />Colore.do of State line flows not previously used in Kansas could not ente.il <br /> <br />serious or any dronage to the irrigation or other interests in Kansas, and, <br /> <br />instead, would benefit that State by reducing dama.g8S from floods, and by <br /> <br />further stabilizin[; and improving the use.ble Stateline flows. <br /> <br />(b) With respeot to Stateline flows' previously diverted and used <br /> <br />in Ko,nsas, it is conoluded trom the Opinion the.t Ke.nsas is not entitled to <br /> <br />receive, nor is Colorado obli~ted to deliver, at the Stateline, any fixed <br /> <br />quantity of water nor any fixed peroent or fraotion of the supply at anyone <br /> <br />time, nor any flow greater in amount or different in its variable oharaoter <br /> <br />than that which orossed the state line and was used in Kansas during the per- <br /> <br />iod prior to Caddoa and sinoe the earlier decision of 19Cf11 and that here- <br /> <br />after Ilansas may not rightfully oall for relief against Colorado, whatever <br /> <br />may be the practises in Colorado, unless thereby the divertible and usable <br /> <br />State line flows entering Kansas be materie.lly diminished, - it being appar- <br /> <br />ent that in no other way oan the substantial interests of Kansas and her <br /> <br />citizens be seriously damaged by aots of Colorado or practises in that State. <br /> <br />(0) The Opinion suggests that oonvenient measures of the estab- <br /> <br />lished relations between the two States are found in the relations (during <br />