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

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♦, STATE OF COLORADO, SS COUNTY OF CHAFFEE THE SUNNYSIDE PARK DITCH COMPANY, Plaintiff, _vs- M. C. HINDERLIDER, as State Engineer of the State of Colorado; C. W. BEACH, as Ir- rigation Division Engineer for Irrigation Division No. 2 of the State of Colorado, and- J. A. BURNETT, as Water Com- missioner for Water District Not 11 of the State of Colorado, Defendants. IN THE DISTRICT COURT. No. 3345. MOTION TO JOIN ADDITIONAL PARTIES DEFENDANT Come now the defendants above named, by their attorneys of record, and move the Court to enter an order herein requiring plaintiff to join and make parties defendant herein the following, to-wit: 1'. All owners and claimants of priorities of right to the use of water for irrigation and domestic purposes adjudicated, awarded and decreed to ditches, canals and reservoirs in Water Districts Nos. 14, 17 and 67, of the State of Colorado, having date senior and prior to January 3, 1994. 2. All owners and claimants of priorities of right for storage of water for irrigation, adjudicated, awarded and decreed in Water District Igo. 11 to the following reservoirs, to -wit, The Clear Creek Reservoir, The Sugar Loaf Reservoir and the Twin Lakes Reservoir. Upon the grounds and for the reasons following: (a) That each and all of said owners and claimants of priorities of right to the use of water for irrigation and domestic purposes in said Water Districts Nos. 11, 14, 17 and 67, hereinabove referred to and described, are indispensable parties to this action, with an interest in the determination thereof of such a nature that a final decree cannot be entered herein in their absence without adversely affecting their rights to the use of water under and by virtue of the decrees aforesaid. (b) That the defendants named in the above entitled action, to -wit, the Water Officials of the State of Colorado and Water District No. 11 therein, charged by law with the duty of administering the adjudicated decrees entered and awarded to the owners and claimants of priorities of right to the use of water in said Water Districts Nos. 11, 14, 17 and 67, are merely nominal parties to this action and are not the real parties in interest herein. -1- GAIL L. IRELAND Attorney General A. W. McHENDRIE Of Counsel Attorneys for Defendants.