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STATE OF COLORADO) <br />)ss <br />County of Chaffee) <br />THE SUNNYSIDE PARK DITCH <br />COIJIPANY, <br />Plaintiff, <br />vs <br />IN THE DISTRICT COURT <br />No. 3345 <br />114. C. HINDERLIDER, as State <br />Engineer of the State of <br />Colorado; C. IV, Beach as Irri- <br />gation Division Engineer for <br />Irrigation Division No. 2 of <br />the State of Colorado, and <br />J, A. BURNETT, as plater Commis- <br />sioner for Water District No. 11 <br />of the State of Colorado, <br />Defendants. <br />JUDG1viENT AND DECREE <br />This cause having been heretofore tried to the Court, without a jury- <br />and the Court having taken said cause under advisement, and thereafter, on <br />April 16, 1945, having made and caused to be filed herein findings of fact <br />and conclusions of law- It is Accordingly Ordered, Adjudged and Decreed <br />by the Courts <br />(1) That plaintiff has failed to sustain any of the allegations of <br />omission, refusal and neglect on the part of the defendants or any of them, <br />set forth in the first cause of action. <br />(2) That it is the duty of the state engineer and his subordinate <br />officers to accurately determine all losses accruing to the stream from <br />the storage of water in the Twin Lakes, Sugar Loaf and Clear Creek reser- <br />voirs, and trans - mountain diversions, located on the upper Arkansas River <br />basin, and to deduct such losses from such waters so stored before per- <br />mitting the same to be released; and the said state engineer is hereby <br />enjoined from releasing said waters until such determinations are made and <br />losses deducted. <br />