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(c) January 3, 1854 - 10 cubic feet of water per second <br />of time practical flow or discharge, for domestic <br />purposes. <br />3• <br />That under and by virtue of the aforesaid decrees and the <br />facts hereinafter stated and alleged, the plaintiff company and <br />its shareholders, and their predecessors in interest have been, <br />and now axe, the owners and users of the water so decreed as afore- <br />said, for the uses and purposes as in said decrees provided, and <br />at all times since the entry of said decrees have claimed and held <br />and still do claim and hold the right to take and divert said <br />waters in the amounts and quantities and from the respective dates <br />of the priorities thereof, by means of said Sunnyside Ditcho equal <br />to the full amount and quantity awarded to said Ditch under the <br />aforesaid decrees according to the priorities decreed thereto. <br />4. <br />that at all times herein mentioned the full amount and'quan- <br />tity of water so decreed as hereinabove alleged, has been and <br />still is necessary and indispensable for use for the purposes for <br />which said waters were so decreed, upon the lands lying under said <br />Sunnyside Park Ditch, and at all times when the same was available <br />said waters were applied to a beneficial use upon the lands lying <br />under said Ditch under and by virtue of the terms of said decrees, <br />and that without the use of said amount and quantity of water de- <br />creed as aforesaid, the shareholders of said plaintiff company <br />and their predecessors in interest could not and cannot farm or <br />cultivate the said lands or reside or make their homes thereon, or <br />raise or grown crops of any kind upon said lands, and that`at all <br />times herein mentioned the shareholders of said plaintiff company <br />and their predecessors in interest have been, and now are, in the <br />actual possession of said lands and water and have constantly re- <br />sided and made their homes upon said lands, and have improved, <br />occupied, cultivated, irrigated and farmed the same and still'con- <br />tinue so to do. <br />5i <br />That the lands lying under said Sunnyside park Ditch are <br />arid, high and dry agricultural lands, which when watered and ir- <br />rigated are of a highly fertile and productive character, and that <br />the shareholders of the plaintiff company and their grantors and <br />predecessors in interest ever since the dates of the priorities <br />aforesaid, have farmed, irrigated and cultivated upwards of <br />fifteen hundred(1500) acres of lands annually, and in each and <br />every year have raised and grown thereon valuable crops of,hay., <br />grain and vegetables, and still continue so to do, and that in <br />so doing the Plaintiff company and its shareholders, and theiri <br />and each of their grantors and predecessors in interest, for a <br />period of upwards of fifty -five (55) years running from the dates <br />of the respective priorities aforesaid have actually taken and <br />diverted from the said Arkansas River through and by means of the <br />said Sunnyside Ditch and the waters decreed thereto and under and <br />by virtue of their said decreed rights and priorities, and during <br />the entire irrigation season of each year, an amount and quantity <br />of water of the said Arkansas River equal'to the full number of <br />cubic feet per second of time decreed to said Ditch as aforesaid, <br />and put the same to actual and beneficial use for the purposes <br />hereinbefore mentioned, and still continue so to do. <br />6. <br />That the Defendant, M. C, Hinderlider, is the State Engineer <br />of the State of Colorado, and as such official is and for many <br />years last past has been charged with the duty of supervising and <br />controlling the distribution of*.the waters of the said,River and <br />its tributaries for irrigation purposes, in manner and form as <br />required by law, and in accordance with the respective rights of <br />the users of water for irrigation from said River and its tributary <br />streams'in Water Division No, 2 of the State of Colorado. <br />-2- <br />