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Show 514 INTERSTATE ADJUDICATIONS decreed in second feet and that Colorado, her officers, agents, and citizens be perpetually enjoined from diverting any water from the river or its tributaries in Colorado until the rights of Kansas, her citizens and residents, are satisfied. The Finney County Association filed an answer admitting and deny- ing averments of the bill and affirmatively praying that Colorado and her citizens be enjoined from diverting water from the river until the Association's right to 250 second feet is satisfied. The issues were made up by Colorado's reply. Pursuant to our order, evidence was taken by a Commissioner. Thereupon the cause was referred to a Master with leave to take addi- tional evidence, and direction, in the light of all the evidence, to state findings of fact, conclusions of law, and to recommend a form of decree. The evidence consists of some seven thousand typewritten pages of testimony and 368 exhibits covering thousands of pages. The Master states that the "evidence is voluminous and conflicting on many of the material issues of fact," but his report contains no discussion or analysis of the proofs. Apart from formal recitals, the report consists of fourteen findings of fact,-more properly conclu- sions of fact,-nine conclusions of law, and a recommended form of decree. Each party has filed exceptions. Three questions emerge from the pleadings. (1) Is Colorado en- titled to an injunction against the further prosecution of litigation by Kansas users against Colorado users? (2) Does the situation call for allocation of the waters of the basin as between Colorado and Kansas in second feet or acre feet? (3) Has Kansas proved that Colorado has substantially and injuriously aggravated conditions which existed at the time of her earlier suit? The Master concluded that the first question should be answered in the affirmative. Kansas has not excepted to the conclusion or to the corresponding provisions of the proposed decree. Bearing upon the second question, the Master found that "the average annual natural flow of the river and its tributaries" is 1,240,000 acre feet, and the "average annual dependable and fairly continuous water supply and flow" l,110,Q&6 acre feet. He recommends that the dependable flow be allocated 925,000 acre feet to Colorado and 185,000 acre feet to Kansas, 150,000 thereof between April 1 and October 1, and 35,000 between October 1 and April 1 of each year-that is, five-sixths to Colorado and one-sixth to Kansas. He submits a form of decree embodying this allocation and adjusting required deliveries in the same proportions upward or downward in accordance with annual flows in excess of, or less than, the stated average annual dependable flow. He has not attempted to define flood waters or the extent to which they are unusable by either State, and suggests no provision whereby their occurrence may be taken into account in defining Colorado's obligation to deliver water to Kansas. The form of decree requires measurement of flow by gauges, one at Canon City and the other at the mouth of the Purgatoire, and deliveries to Kansas pro- rated to the total of the flows at those points. Both States except to these features of the decree as ambiguous and impossible of administration. Kansas, while asserting that the award to her is inadequate, professes her willingness to accept the recom- |
