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<br />001472 <br /> <br />Uni'ceu S'ca"l:es Congress, for the purpose of equi'cably apportioning <br /> <br />the waters of 'the Arkansas Hiver which originate in Colorado <br /> <br />between the two st,ates. In general, wa'ter stored in the conserva- <br /> <br />tion pool may be released to the irrigators in each s"l:ate from <br /> <br />April 1 through October 31 each year.. The conservation pool has <br /> <br />been dry a:c times in fif'teEm of the past twen'ty years. <br /> <br />~ ohl}-1.~~L"c i~'....f:I,~~t~d B,E?2lms e 0 Lln'c,'?I s 'to. 'to_Con t,rQ,ver sy <br /> <br />Controversy was inevitable between Colorado and Kansas <br /> <br />because of rapid development of irrigation in the Arkansas Valley <br /> <br />and the nature of Colorado water law, the Doc'crine of Prior <br /> <br />. , 2 <br />AppJ:opn.atlon. <br /> <br />As early as 1891 KanGas claimed it was not getting an <br /> <br />equitable share of the river and in 1901 filed suit against <br /> <br />Colorado in the united S'cates Supreme Court asking relief from <br /> <br />injury. The Supreme Court's decision in 1907 was in Colorado's <br /> <br />favor, recognizing that, appropriation in Colorado had inflicted <br /> <br />perceptible injury in Kansas to portions of the Arkansas Valley, <br /> <br />while the \',hole of the Valley had suffered little, if any, and <br /> <br />benefits in reclc~ation of large areas of Colorado into fertile <br /> <br />_____._~..___a~_~__ <br /> <br />2The doctrine holds ,that.' (a) Water in its na'tural course is <br />public property; (b) a ves'ced righ,t to use the water may be <br />acquired by appropria'tion and application to beneficial use; <br />(c) the first person in t:imo 'co use the water is the first <br />person in righ,t; and (d) beneficial use is the measure and <br />the limit. of 'ill') right. <br /> <br />-2- <br />