Contrast Between the US Irrigating Company, et al. and the Graham Ditch Company, et al.

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which said company claims for said canal a right of priority as of date some time in the year 1879. AND ":THEt; ;AS, the said The Kearny County Farmers' Irrigation Association is the owner of a certain other irrigating canal or ditch known as the Amazon Ditch, having its headgate near the western boundary line of the said County of Kearny, on the north bank of the Arkansas river, and extending thence in a north - easterly direction, the work of construct- ing which said canal is claimed to have been commenced some time in the year 1886, and for which said canal the said association claims a date of priority as of some time in the year 1886. AND '- .MERDA.S, the said The United States Irrigating Company is the owner of a certain reservoir known as Reservoir No. 5, or Lake McKinney, the same being situated in Kearny County, Kansas, and adjacent to the said Great Eastern Canal, and fed thereby, the same having a present capacity at high water level slightly in e7;cess of thirty thousand (30,000) acre feet of water, and which said reservoir the said owner thereof proposes to enlarge to a capacity of thirty -seven thousand (37,000) acre feet of water, and for which said reservoir the said wnmer thereof in said pend- ing suit claims a priority for storage purposes of date in the month of October, A. D• 1 906. AND r the said The Graham Ditch Company was, at the time of the commencement of said pending suit, and is now the owner of that certain irrigating canal or ditch known as the Graham Ditch, the same having its headgate in the Southeast Quarter of Section Twenty -five (25), Township lWenty -two (22) South of Range Forty -five (45) ':rest of the Sixth Principal I:Teridian, in Prowers County, Colorado: AND ' "JIIEREAS, the said The Colorado and Kansas Canal and Reser- voir Company was, at the time of the commencement of said pendin- suit, the owner of a cerl ain irrigating canal or ditch known as the Colorado - Kansas Canal, and sometimes designated as the Fort Bent Ditch, said canal having its headgate in the Northwest Quarter of Section Six (6), Town- ship Tvr:enty -three (23) South of Range Forty-eight (48) West of the Sixth Principal Meridian, in Bent County, Colorado, but ivhich canal has since the commencement of said pending suit been conveyed to and is now owned by the said The Fort Bent Ditch Company AND ':XMAS, the said The Lamar Land and Canal Company was at the time of the commencement of said pending suit the ovmer of a certain irrigating canal or ditch known as the Lamar Canal, same having its head- gate in Section Twenty - nine (29) Township T�arenty - two (22) South of Range Forty - six (46) West of the Sixth Principal Y"eridia.n, in Prowers County, Colorado, but which canal has since the commencement of said pending suit been conveyed to and is now owned by the said The Lamar Land and Irriga- tion Company, AND ITTH R13AS, the said the Fort Lyon Canal Company, incorrectly designated in said bill of complaint as The Fort Lyons Canal Company, was at the time of the commencement of said pending suit and now is the owner of a certain irrigating canal or ditch known as the Fort Lyon Canal, the W4-