NOTES. 417 



ing Colorado audits citizens from appropriating and using for irrigation purposes the 

 waters of the Arkansas River. The theory upon which Kansas proceeds in this suit 

 is that the doctrine of riparian rights prevails in respect to the waters of the Arkan- 

 sas River, and that Kansas and its citizens are entitled to all the water of this stream 

 without diminution of its supply by the citizens of Colorado. In defense, Colorado 

 claims, among other things, that the waters of this stream in Colorado belong to the 

 State in its sovereign capacity, and that its citizens have the right to take all of the 

 waters within the State. 



The Government has intervened in this case on the ground that the main conten- 

 tions of both parties are incorrect; that the watershed of the Arkansas River in both 

 States west of the ninety-ninth meridian is within what is commonly known as the 

 arid region, and that in that region the doctrine of riparian rights does not prevail, but 

 that the doctrine of prior appropriation for irrigation does prevail, and that he who is 

 prior in time is prior in right, irrespective of the State in which the appropriator may 

 reside or such waters be appropriated. This suit is regarded as of vast importance in 

 the arid region, as it involves the whole doctrine upon which rests the right to appro- 

 priate and use for irrigation and other beneficial purposes the waters of interstate and 

 other nonnavigable streams. The issues raised affect the welfare and development of 

 many other sections of the West almost as vitally as they do the people living along 

 the Arkansas River. 



In view of the importance of the case and of the duties imposed on this Depart- 

 ment by Congress to investigate and report the rights of riparian appropriators, the 

 Secretary of Agriculture has detailed Dr. Mead for this service; hut in complying 

 with the request he has stipulated that participation in the case should be limited to 

 the aid which Dr. Mead can render in the settlement of the broad issues of general 

 policies, rather than determining the common matters of fact in this particular 

 drainage basin. He will not become a witness for either of the parties to the con- 

 troversy, but will aid the counsel for the Government in all matters where his 

 knowledge of western conditions and experience in the administration of streams 

 and operation of canals will be of service in protecting the interests of the Govern- 

 ment, and in working out a policy of stream control to protect the just rights of the 

 parties to this controversy. While the determination of the legal rights of the par- 

 ties to the controversy will be the first outcome of this litigation, the final solution 

 must include a method of enforcing and protecting the rights thus determined, and 

 here practical experience and engineering knowledge must be utilized in working 

 out administrative policies which will give stability to the rights of the various 

 interests, and at the same time avert the overthrow or unsettling of administrative 

 regulations and practices already established by the several States. 



A New College of Agriculture. — The Aberdeen and North of Scotland College of 

 Agriculture was opened to students October 11, 1904. The college is connected with 

 the University of Aberdeen and Gordon's College, Aberdeen. Both of these institu- 

 tions are represented on the board of governors of the college, and supply lecture rooms 

 for the use of students in the college of agriculture. Three courses of study are offered — 

 one leading to the degree of bachelor of science in agriculture, another to the uni- 

 versity diploma in agriculture, and a third to the national diploma in agriculture. 

 The course leading to the university diploma in agriculture extends over two winter 

 sessions, and corresponds closely to the agricultural high school courses in some of 

 the agricultural colleges in this country. The board of governors of the college is 

 composed of members appointed by the county and city of Aberdeen, the counties 

 of Banff, Ross, Cromarty, Kincardine, and Elgin, the Aberdeen County Committee 

 on Secondary Education and County Council, the University of Aberdeen, the 

 Highland and Agricultural Society, and Gordon's College. The staff of the institu- 

 tion consists of five professors and lecturers, six assistants, and four demonstrators. 

 11584— No. 4—04 8 



