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STATE OF COLORADO, <br />SS: <br />COUNTY OF CHAFFEE. <br />TEE SUNNYSIDE PARK DITCH COMPANY, <br />Plaintiff, <br />-vs- <br />M. C. HINDERLIDER, as State <br />Engineer of the State of <br />Colorado; C. W. Beach as Ir- <br />rigation Division Engineer for <br />Irrigation Division No. 2 of <br />the State of Colorado, and. <br />J. A. BURNETT, as Water Com- <br />missioner for Water District <br />No. 11 of the State of Polorado, <br />Defendants. <br />IN THE DISTRICT COURT. <br />No. 33+5. <br />FOURTH AMENDE,p CORLA <br />COMES, NOW, The above named Plaintiff and by leave of Court <br />first had and obtained, files this, its Fourth mended Complaint <br />in this action, and for itself and for and on behalf of all other <br />similarly situated users of water for irrigation purposes in Water <br />Districts Nos. 11 and 12 of the State of Colorado, complains of the <br />said Defendants, and for cause of action alleges: <br />FIRST CAUSE OF ACTION. <br />1. <br />That the Plaintiff is and ever since the 26th day of January, <br />A, D. 1592 has been, a mutual irri §ation ditch corporation, duly <br />organized and existing under and by virtue of the laws of the State <br />of Colorado, having a capital stock divided into one hundred forty, <br />six (146) shares, each of which shares entitles the holder thereof <br />to a pioportionate part and to the use and benefit of a proportion- <br />ate part�of each and all of the water rights.and priorities decreed <br />and belonging to that certain irrigation ditch owned and controlled <br />by sap plaintiff company and hereinafter particularly mentioned# <br />and described,: and that said capital stock is and ever since thy; <br />date last aforesaid has been issued and outstanding and is and <br />at all times has been owned by the present - shareholders of said <br />company, and its predecessors in interest. <br />2. <br />That ever since the 3rd day of January, A. D. 1884 the <br />Pla�ntlf"f and its predecessors in interest have been and now are <br />in the full possession, ownership and control of a certain irriga- <br />tion ditch in -Water District No. 11 of the 'State of Colorado known <br />and named as the Sunnyside Paris Ditch, That said Ditch derives <br />and diverts its water supply from the'Arkansas River,in Ghaffee <br />County, Colorado, and heretofore in a certain proceeding commenced <br />in said Water District No. ll in the District Court of Chaffee <br />County, Colorado, the said ditch was awarded.the following priori - <br />ties of right to the use of the waters of the said Arkansas'River, <br />viz: <br />(a) January 3, 1854 - 4.17 cubic feet of water per <br />second of time practical flow or discharge, for <br />use upon the agricultural lands lying under said <br />Ditch. <br />(b) October 1, 1591 - 25 cubic feet of water.per second <br />of time practical flow or discharge$ for use upon <br />the agricultural Lands lying under said Ditch.. <br />-1- <br />