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

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14. That because of the said increase in the annual normal summer and fall flow of the craters in said River and its tributaries caused by said seepage and return of percolating craters to the stream as aforesaid, the miners and occupants of farming lands further down said River and in said Water Districts Nos. 14, 17 -,.nd 67, have during the past seventeen or twenty years been enabled to and have greatly increased the acreage of the lands farmed and culti- vated 'by them, -.nd have also been enabled to .nd have to a large extent changed the character of the crops raised by them from grains and other agricultural products requiring the use of less water for irrig�.tion, to sugar - befits, c-.ntaloupcs, .nd other veget- ables which require n large increase in the amount of water used upon such areas of cultivated land, and in so doing have during the last seventeen or twenty years largely increased their use of crater for irrigation over and above the amount needed or used by them during the first twenty -five to thirty -five years.after the rendition of their respective decrees, or during the first thirty to forty years after the dates of the respective priorities of right awarded and decreed in said Water Districts Nos. 14, 17 and 67 as hereinbeforc stated. 15. That excepting the increase caused by the said percolating and seepage i aters as aforesaid, the average annu ^.1 floor of crater in the said Arkansas River and its tributary streams is and ever since the dates of the respective priorities of right decreed to the ditches and cF.nals located in said Dater Districts Nos. 14, 17 and 67 as aforesaid, has been and remained practically the same and that during the first thirty or forty years from and after the dates of said priorities and during a period of, to -wit, thirty to forty years from and after the time and dates when the decrees awarding such priorities Were rendered and made, the said Defend- ants and their predecessors in office did not close or shut down the said ditches of this plaintiff company, or any other ditch or ditches having decreed priorities of right to water for irrigation junior in point of time to the said decreed priorities of right in said 17-.ter Districts Nos. 14, 17 and 67, but that after said thirty or forty years period of time had elapsed the said Defendants and their predecessors in office began to wrongfully close and shut down the said ditches of this plaintiff company and other ditches having decreed priorities of right to water for irrigation junior in point of time to the said decreed priorities of right in said Water Dis- tricts Nos. 14, 17 and 67, and from and after said dates have de- prived and continued to deprive this plaintiff company and other wRtcr users in s ^.id Water Districts Nos. 11 and 12, of the craters decreed to said ditch and ditches, for the purpose of supplying additional dater caused by said percolating and seepage waters aforesaid. to the priorities of right decreed in favor of the ditches and canals in said tivater Districts Nos. 14, 17 and 67. 16. That the ditch of this plaintiff company and the ditches of many other similarly situated water users in said Water Districts Nos. 11 and 12 are located in the mountain valleys at distances varying from one hundred fifty (150) to two hundred (200) miles above and upstream from the ditches and canals in said Water Dis- tricts Nos. 14, 17 and 67. 17. That by reason of the aforesaid wrongful acts and omissions of the Defendants in the distribution of the aforesaid water hereto- fore alleged, the Plaintiff and others similarly situated have been ^.nd are being deprived of the use of water to which they are entitled by the aforesaid decrees and have been and are and will continue to be irreparably injured and damaged by the Defendants' wrongful refusal, omission and neglect to properly and legally and lawfully enforce the aforesaid decrees and the Plaintiff -5-