Case No. 3345 Fourth Amended Complaint and Related July 24 1942

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as hereinbefore stated) might be supplied to such said ditches and canals and to the users of water therefrom, to meet the new demands for water for irrigation created in said last mentioned Water Districts by the said increase in cultivated acreage and the changes made in the character of the crops raised and grown upon said acreage as hereinbefore stated, and that the said defendant water commissioner has obeyed and is obeying the said orders and that the said defendants as water distributing officials have been and still are in the manner and by means of the orders aforesaid greatly reducing the amount of water available for the said ditch of this Plaintiff Company and the ditches of other similarly situated water users in said Water Districts Nos. 11 and 12, and heretofore always had, held, used and enjoyed by this plaintiff company and the said other simil ^rly situated users of water for irrigation in said Water Districts, and by so doing, and in the manner aforesaid, have attempted and are at- tempting to, and have increased the use of water for irrigation purposes in said Water Districts Nos. 14, 17 and 67 to an amount and extent greatly.exceeding the amount and quantity of water heretofore used in said last mentioned Water Districts, and in so doing have supplied, attempted to supply and still are attempt- ing to supply the water necessary for such increased user by the wrongful closing of the ditch of this plaintiff company and the ditches of the other similarly situated users of water for ir- rigation in said Water Districts Nos. 11 and 12, thereby causing great and irreparable injury to this plaintiff company and its shareholders, and to the agricultural interests of the upper valleys along said River and its tributaries, and unless re- strained from so doing will ultimately impair and irreparably injure the agricultural interests of the entire drainage of said River and its tributary streams, all to the great and irreparable injury and damage of this plaintiff company and other similarly situated hater users in said Water Districts Nos. 11 and 12, and that they, the said Defendants, threaten that they will continue to close said ditches. 3• That the said ditch of this plaintiff company and the ditches of many other similarly situated water users in said Water Dis- tricts Nos. 11 and 12, which lately have been and are being shut down and closed as aforesaid, and against which said "River Calls" have been and are being made by the said defendant water distribut- ing officials as hereinabove stated, are located in the mountain valleys at distances varying from one hundred fifty (150) to two hundred (200) miles above and upstream from the ditches and canalm in said Water Districts Nos. 14, 17 and 67, and that the said orders of the said defendant water distributing officials directing the. shutting down and closing of the ditch of this plaintiff company and the ditches of said other similarly situated water users, and the making of the "River Calls" aforesaid, have been and are being issued and made wholly contrary to the statute and without any statutory or lawful authority so to do and that the said orders and "River Galls" are wholly ineffective to accomplish and do not accomplish the avowed purpose for which they are made, but that in truth and in fact only a very small proportion, if any, of the in- vreased flow of water in said River resulting from the shutting down and closing of ditches in said Water Districts Nos. 11 and 12 actually reaches the ditches and canals in said Water Districts- Nos. 14, 17 and 67 within any reasonable period of time, or in any large. quantities, but that the said increased flow of water is retarded and temporarily lost by absorption in the banks and bars of the River before reaching the last mentioned ditches and canals, and thereafter from time to time seeps back into the stream so slowly and gradually that it does not cause or produce any appreciable increase in the volume of water flowing in said River in said Water Districts Nos. 14, 17 and 67, and that by reason of said conditions the said water distributing officials -re wholly with- out any lawful authority, right or power to make or enforce the orders and "River Calls" aforesaid, but that nevertheless, they, the said water distributing officials, have been and are wrong- fully and unlawfully issuing, making and attempting to enforce the -11-