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A <br />3. Deny each and every allegation contained in said <br />third cause of action as set forth in said Fourth Amended Complaint <br />not hereinabove specifically admitted. <br />IV <br />And for their answer to the fourth cause of action <br />contained in said Fourth Amended Complaint, defendants aver: <br />1. Adopt and incorporate herein by reference Paragraphs <br />1 to 9, both inclusive, of defendants' answer to plaintiff's first <br />cause of action; and likewise adopt and incorporate herein by <br />reference Paragraphs 1 to 3, both inclusive, of defendants' answer <br />to the third cause of action set forth in said Fourth Amended Com- <br />plaint, <br />2. Admit that the defendant water officials permit and <br />have permitted the owners of the reservoirs hereinabove mentioned <br />and the users of water stored therein to use the channel of the <br />said Arkansas River and its tributaries as conduits for the purpose <br />of carrying and conveying such stored water from said reservoirs <br />down to certain points and places in said Water Districts Nos. 14, <br />17 and 67 and that said water users with the full knowledge and <br />consent of the defendant water officials propose to take and divert, <br />and do take and divert, said stored water from said river at said <br />points and places for use in watering and irrigating agricultural <br />lands in said last mentioned Water Districts. <br />3. Deny each and every <br />of action set forth in said Fourth <br />above specifically admitted. <br />MA <br />allegation in said Fourth cause <br />Amended Complaint not herein- <br />And for answer to the fifth cause of action contained in <br />said Fourth Amended Complaint, defendants Aver: <br />1. Adopt and incorporate herein by reference Paragraphs <br />1 to 9, both inclusive, of defendant6' answer to plaintiff's first <br />cause of action herein. <br />2. Admit that during the past five or six years <br />immediately preceding the commencement of this action, the said <br />defendant water officials have made charges, known as "river calls", <br />the same consisting of orders directing the said defendant, J. A. <br />Burnett, as Water Commissioner in said Water District No. 110 to <br />shut down and close all irrigating ditches, including that of this <br />plaintiff company, having priorities of right later in point of <br />time than the dates specified in such orders, for the purpose of, <br />supplying to the owners of priorities in Water Districts Nos. 14, <br />17 and 67 senior in.time and prior in right to the claimed prior - <br />ities of plaintiff water to which said ditches in said Water Dis- <br />tricts Nos. 14, 17 and 67 were and are entitled. <br />3. Deny each and every allegation in said fifth cause <br />of action of said Fourth Amended Complaint, not hereinabove <br />specifically admitted. <br />Vi <br />And for their further answer to said Fourth Amended <br />Complaint, defendants aver: <br />1. That the defendants are, and each of them is, an <br />official of the State of Colorado, duly appointed, qualified and <br />acting in.the capacities, and charged with the duties, as set forth <br />in said Fourth Amended Complaint. <br />2. That the defendants, N. C. Hinderlider, as State <br />Engineer, and C. W. Beach, as Division Engineer of Water Division <br />No. 2 of the State of Colorado, are, and each of them is, charged <br />with the duty.of administering, distributing and permitting the <br />diversion of the waters of the Arkansas River and its tributaries, <br />-3- <br />