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Case No. 3345 Fourth Amended Complaint and Related July 24 1942
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Case No. 3345 Fourth Amended Complaint and Related July 24 1942
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Case No. 3345 Fourth Amended Complaint and Related July 24 1942
State
CO
Date
7/24/1942
Author
Boyle, John; Stienmeyer, E.; Rush, William
Title
Case No. 3345 Fourth Amended Complaint and Related July 24 1942
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In accordance with the decrees awarding priorities of right to the <br />use of water entered by courts of eompeternt and-exclusive jurisdic- <br />tion in matters "pf the'' adjudication of priorities of right to the <br />use of water from said river and its tributaries in Water Districts <br />Nos,`ll, 12 14, 17 and 67, (among others) strictly in accordance <br />with the terms and provisions of said decrees, and not otherwise. <br />That the defendant, J. A. Burnett, as Water Commission- <br />er for Wate 'District No, ll of the State of Colorado,. is an official <br />subordinate to and acting under and in accordance with directions <br />and orders issued to him by his superior officers, to -wit,, the said <br />State Engineer and,the said Division Engineer. <br />4. iThat at all times mentioned in said Fourth Amended <br />Complaint and as to all matters set forth therein, said defendant <br />water officials have, and each of them has, acted strictly in accord - <br />ance and compliance with the law of the State of Colorado and under <br />the authority and'in accordance and compliance with the terms and <br />provisl ons.of the decrees entered and awarded by the District Courts <br />of proper and exclusive jurisdiction for the adjudication and deter - <br />mination`of the relative rights of appropriators of water from said <br />streams, and not otherwise. <br />ZFORE, it is prayed: <br />is That `'the Fourth Amended Complaint herein be dismissed <br />with pTejudi.ce. <br />2. That defendants have and recover of plaintiff herein <br />their coste in this behalf laid out and expended, taxed and to be <br />taxed.: <br />GAIL L. IRELAND <br />Attorney General,, <br />Attorney for Defendants. <br />Address of Defendant, Mi C. Hinderlider as <br />State Fngineer of the State of Colorado: <br />Capitol Building <br />Denver, Colorado. <br />Address of 'Defendant C. W. Beach as <br />Irri &ation Division Engineer for <br />Irrigati ©n Division No. 2 of the <br />State of Colorado; <br />Central Block <br />Pueblo, Colorado. <br />Address of Defendant J. A. Burnett as <br />Water Commissioner for Water District <br />No. 11 of the State of Colorado: <br />Salida, Colorado <br />Address of': Attorney for Defendants: <br />Capitol Building <br />Denver Colorado <br />
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