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2 Book 2 Supreme Court of the United States, October Term, 1905. No. 7, Original: The State of Kansas, Complainant, vs. the State of Colorado et al., and the United States, Intervenor 1905

handle is hein.trials/sctesterok0004 and id is 1 raw text is: THE STATE OF COLORADO X17 AL.

6587             J. T. SITKS, Wichitti,*aKa.11s.
Direct examination.
By Mr. DAwsON:
I live eight miles northwest of here, in Park township. I am a
brother of the Mr. Sites who just left the witness stand. We farm
and work together, yes, sir, considerably. We own our land to-
gether, and between me, my brother and his wife we have 800 acres,
and that is located about two and a half miles from the Arkansas
river and about eight and a half miles from Wichita.
As to my opportunities since I have been living in that locality
to observe the flow of the river, I would say I have seen the river
every week, sometimes two or three times. I have lived in
6588 that locality since 1878.
As to the flow of the Arkansas river tor the last ten years
compared with the flow for a like period in any of the earlier times,
from my observation of the river from week to week since 1878, I
would say it seems to me there has been more water going down
the river in the last ten years, especially eight or nine years, than
there was in any years previous to that time.
As to mny opportunity for observing the level of the ground water
underneath our land, I have (Jug several times to put down drove
wells. I liad no augur at the time. I (lug some two or three wells,
and then those boxes that my brother and I used to put in the slough,
is about all the observation I have had. When we (lug wells we
just (lug to first water and then wve drove a pipe. On our bottom
land we generally got first water at about four to six feet. As to
whether there has been any change in the water level on my land
since I located there, I don't see that there has been any.
6589    Yes, this Big slough that was spoken of by my brother runs
through a p'irt of niy land. At least one side of it does, yes,
sir. As to whether I know of any place where the river in flood
time breaks over the slough, I will say there is what tlmey call a
little slough that joins the Big slough about half a mile north of
our place. It goes more directly up to the Big river. It is only
a short distance up there, some two miles, probably, and that is the
only place I have ever observed it where the river in flood time
breaks over into tile slough. Yt.s, sir, it does break over there some-
times fom time Big river and goes into the Big slough.
As to what I depend upon to raise a good crop on my laud we
have to depend on rain. As to w'hat influence, if auy, I have ob-
served the river to have upon crops produced there, I have never
seen any influence whatever.
\Vlien land hs been farmed for a number of years, as to
vhetler it slhows any wearing or deterioration by reason of farm-
big it, I woul1 say I think it does where it is fartned in corn con-
ti, ,uously. Making allowance for any deterioration of that kind,
as to the productiveness of my land in late years as compared with
110-7

1745

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