|
was begun together with all reservoirs in course of construction by the
<br />said defendants or either of them at the time of commencing said pending
<br />suit, or which might thereafter be constructed by them or either of them
<br />at any time, in the State of Colorado, the defendants be enjoined from
<br />diverting from said river or its tributaries, for the purpose of filling
<br />said reservoirs or either of them, or diverting any of the waters of the
<br />said Arkansas river into the same, to the prejudice of the prior right
<br />of the complainant in the matter of diverting the waters of said river
<br />for the purpose of filling and keeping filled said complainantts said
<br />reservoir,.and for other and general relief all of which is more speoi-
<br />fi cally set forth in the bill of complaint in said pending suit, reference
<br />to which is here for the purpose of more specifically defining the
<br />issues in said pending suit, and the relief sought therein,
<br />AND liMREAS, said pending suit as to said official defendants
<br />was afterwards dismissed by said Court, and is now pending between said
<br />complainant and said corporation defendants #.,
<br />AND 1 W1MREAS,, the said The United States Irrigating Company was
<br />at the date of the commencement of said pending suit, and is now, the
<br />owner of a certain irrigating canal or ditch commonly known as the Great
<br />Eastern Canal, located and described as follows,, to-wit :. the headgate
<br />and diverting ditch of said canal is situated in.and near the west line
<br />of Section Sixteen (16), in Township twenty-five (25) South, of Range
<br />thirty -seven (37) Vilest of the Sixth Principal Meridian, in Kearny County,
<br />Kansas, on the north bank of the Arkansas river, and said ditch or canal
<br />extends in a northeasterly direction from its said headgate through por-
<br />tions of the counties of Kearney and Finney, in the State of Kansas, and
<br />was also at the time of the commencement of said suit, and now is, the
<br />owner of a certain other irrigating canal or ditch known at various times
<br />as the Minnehaha Ditch, the Western Ditch, and for a number of years last
<br />past chiefly and solely now known as and called the South Side Ditch, the
<br />headgate thereof being located upon the south side of the Arkansas river,
<br />in Lot Five (5), in Section Sixteen (16).._ Township Twenty -five (25) South
<br />of Range Thirty -seven (37) '-Test of the Sixth Principal Meridian in Kearny
<br />County, Kansas, said ditch extending thence in a south - easterly direction;
<br />and for which said Great Eastern Ditch the said Complainant in said pend-
<br />ing suit claims a priority of date A., D. 1881, and for which said South
<br />Side Ditch the said complainant in said pending suit claims a priority of
<br />date Art D. 1882, each of` said claiired appropriations being; asserted as
<br />against the decreed dates of priority of the said corporation defendants#
<br />that is to say, the said complainant in said pending suit seeks to estab-
<br />lish by a decree of said Court a right to divert water from sad river
<br />prior to any right to make diversions by said defendants or either of
<br />them, through their canals.
<br />AND, 1 the said The United States Irrigating Company is
<br />the owner of a certain other irrigating canal or ditch, known as the
<br />Garden City Ditch, having its headgate near the east line of the said
<br />County of Kearny on the north bank of the Arkansas River, and extending
<br />thence in a north - easterly direction, the work of constructing which said
<br />canal is claimed to have been commenced sometime in the year 1879., and
<br />- 3 w
<br />
|