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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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Water Supply Protection
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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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further alleges that it has no plain, speedy and adequate remedy <br />at law in the premises. <br />FOR A FURTHER AND SECOND CAUSE OF ACTION <br />AGAINST SAID DEFENDANTS, PLAINTIFF <br />ALLEGES: <br />1. <br />Plaintiff adopts Paragraphs 1 to 17 both inclusive of its <br />First Cause of Action as Paragraphs 1 to 17 both inclusive of its <br />Second Cause of Action, as fully and completely as though reiterat- <br />ed and set forth in this, its Second Cause of Action, in full. <br />2. <br />Plaintiff alleges that located near the source of said River <br />there are certain large storage reservoirs, to -wit: The Clear <br />Creek Reservoir, the Sugar Loaf Reservoir and the Twin Lakes <br />Reservoir, the last mentioned Reservoir consisting of two large <br />natural lakes and the said Clear Creek Reservoir and Twin Lakes <br />Reservoir each having certain decreed priorities of right to store <br />water for irrigation purposes under the provisions of a certain <br />decree awarded and rendered in and by the District Court of Chaffee <br />County, Colorado on the 14th day of July, :ft.D. 1913s but that each <br />and all such storage rights are by the terms of said decree ex- <br />pressly made subject and inferior to all decreed priorities of <br />right awarded prior to that date, to the use and benefit of water <br />for irrigation in said Water District No. 11, but that the said <br />defendant water distributing officials have not restricted and do <br />not restrict the storage of water in said Reservoirs to that part <br />and portion of the waters of said River and its tributary streams <br />not needed or required for direct irrigation under the priorities <br />of right awarded and decreed prior to said 14th day of July, A. D. <br />1913, to the Ditch of the said plaintiff company and to other <br />ditches in said Water District No. 11, and have not limited the <br />storage in said Reservoirs to the amounts decreed thereto as in <br />said decrees provided, and have permitted said reservoir companies <br />to receive an amount of additional water equivalent to losses suf- <br />fered by said Reservoirs by way of seepage and evaporation, all to <br />the great and irreparable injury of the Plaintiff and all other <br />similarly situated appropriators of direct flow rights from the <br />Arkansas River and its tributaries in 'eater Districts Nos. 11 and <br />12. <br />3► <br />This Plaintiff alleges that the said defendant water dis- <br />tributing officials have not and do not restrict the storage of <br />water in the Reservoirs hereinabove mentioned, to that part and <br />portion of the water of said River and its tributary streams not <br />needed or required for direct irrigation under the priorities of <br />right awarded and decreed prior to the 14th day of July, A.D. <br />1913 to the ditch of this plaintiff company and to other ditches <br />in said Water Districts Nos. 11 and 12, and do not restrict the <br />storage therein to the amount specified in said Reservoir Decrees <br />as in said decrees provided, but instead of so doing, they the <br />said defendant water distributing officials wrongfully, unjustly <br />and unlawfully disregarding their statutory duties in the premises, <br />have allowed and permitted and still do allow and permit the stor- <br />age of water in said Reservoirs to be had and made at any and all <br />times and aeasons from the streams supplying water to the said <br />River and its tributaries, and by so doing have created and caused <br />and still are creating and causing a substantial shortage in the <br />amount and quantity of water flowing in said River and its tribu- <br />taries available for the use and benefit of the said previously <br />decreed priorities of right awarded as hereinbefore stated, to the <br />ditches and canals located in dater Districts Nos. 14, 17 and 67, <br />and have and still continue to permit storage of water in said <br />Reservoirs in excess of the amounts decreed thereto, resulting in <br />a wrongful and unreasonable burden upon said River and its tribu- <br />taries, thereby depriving this plaintiff company and other ditches <br />-6- <br />
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