|
7-
<br />That the Defendant, C. W. Beach, is the Irrigation Division
<br />Engineer for said Water Division No. 2 of the State of Colorado,
<br />and as such official is and for many years last past has been
<br />charged with the duty of supervising and controlling, subject to
<br />the directions and orders of the said Defendant, M. C. Hinderlider,
<br />the distribution of the waters of said River and its tributaries,
<br />for irrigation purposes, according to the respective rights of the
<br />users of said water for said purpose, in said mater Division No.. 2
<br />of the State of Colorado.
<br />9.
<br />That the Defendant, J. A. Burnett, is the Water Commissioner
<br />in and for Water District No. 11 of the State of Colorado, and as
<br />such official, and subject to the orders and direction and control
<br />of the said Defendants, 1A. C. Hinderlider and C. W. Beach, is
<br />charged with the duty of regulating in said Water District, the
<br />distribution of the waters of said River and its tributaries among
<br />the users of said waters for purposes of irrigation, according to
<br />law and the respective rights of the said users of said waters.
<br />9•
<br />That the head or source of the said Arkansas River is located
<br />at or near the crest of the Continental Divide, in the County'of
<br />Lake and State of Colorado, and that from the source thereof the
<br />said River flows in an easterly direction for a distance of upwards
<br />of three hundred fifty (350) miles down to where it crosses the
<br />State Line between the States of Colorado and Kansas, and in so
<br />doing the said River passes through Water Districts Nos. 11, 12,
<br />14, 17 and 67 in the State of Colorado, and that the lands lying
<br />under the said Sunnyside Park Ditch are irrigated by the use of
<br />the waters of said River as hereinbefore stated, and located wholly
<br />in said Eater District No. 11 and.approximately fifty (50) miles
<br />below the head or source of said River.
<br />10.
<br />That from the source of said River down to where the same
<br />crosses the easterly boundary line of said Dater District No. 12,
<br />a distance of approximately one hundred twenty (120) miles, there
<br />are a number of valleys lying along said River, and consisting of
<br />and containing many thousands of acres of fertile and productive
<br />agricultural lands, owned, occupied, farmed and cultivated by
<br />numerous owners and occupants of different tracts or parcels
<br />thereof who have made and are making their homes thereon, and that
<br />many of the said owners and occupants of said lands, and their
<br />grantors and predecessors in interest, have farmed, cultivated,
<br />watered, irrigated and improved the said lands by the use of the
<br />waters of the Arkansas River, and its tributaries, for a period
<br />of more than fifty (50) years, under and by virtue of numerous
<br />small priorities of right heretofore decreed and awarded to their
<br />respective ditches used to divert and convey the waters of said
<br />River and its tributaries to and upon the said lands. That said
<br />lands in the main are high, arid and dry lands requiring constant
<br />and copious irrigation to render the same productive, and which
<br />would be rendered wholly unproductive and valueless if deprived
<br />of the use of the waters of said River and its tributary streams.
<br />11.
<br />That prior to the settlement and cultivation of said lands,
<br />the said Arkansas River and its tributaries from and below a point
<br />about one hundred twenty (120) miles from the source thereof did
<br />not supply or furnish, excepting only during the spring freshetff,
<br />any considerable amount of water for irrigation purposes, but that
<br />from about the first day of July in each year and continuing until
<br />the following spring, the normal flow of water in said River and
<br />its tributaries was and continued to be wholly insufficient for the
<br />irrigation and cultivation of any large acreage below the point
<br />-3-
<br />
|