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

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in Water Districts Nos. 149 17 and 67, and have wrongfully, per- mitted and allowed said reservoirs to discharge into their said ditches and canals in the aforesaid Districts Nos. 14, 17 and 67, a greater and larger amount of said Western Slope waters than has been turned into the River from said Reservoirs and have therefore taken water from the River belong to this Plaintiff and others similarly situated and have given said canals and ditches in the aforesaid districts, water to which they are not entitled and which has never been placed in said River for their use, and that by such wrongful acts and omissions on the part of the Defendants, and each of them, the Plaintiff and others similarly situated have been, and 'by a continuation of the aforesaid acts, will be ir- reparably injured and damaged, and that the Plaintiff has no plain, speedy and adequate remedy at law in the premises, FOR A FURTHER AND FOURTH CAUSE OF ACTION AGAINST SAID DEFENDANTS, PLAINTIFF ALLEGES; 1. Plaintiff adopts Paragraphs 1 to 17, both inclusive of its First Cause of Action as Paragraphs l to 17, both inclusive, of its Fourth Cause of Action, adopts Paragraphs 1 to 5 of its Second Cause of Action as Paragraphs 1 to 5, both inclusive, of its Fourth Cause of Action, adopts Paragraphs 1 and 2 both in- clusive, of its Third Cause of Action as Paragraphs 1 and 2 both inclusive, of its Fourth Cause of Action, as fully and completely as though reiterated and set forth in this, its Fourth Cause o$ Action, in full. 2. Plaintiff alleges that the defendant water officials permitt- ed the owners of the reservoirs hereinabove mentioned and the users of the waters stored therein to use the channels of the Arkansas River and its tributary streams as conduits for the pur- pose of carrying and conveying such stored waters from the said reservoirs down to certain points and places in said Water Dis- tricts Nos. 141 17 and 67, a distance of to -wit, two hundred (200) miles below the said reservoirs, and said water users with the full knowledge of the defendant water officials, profess to take and divert said storage waters from said River at said points and places for use in watering and irrigating agricultural lands in said last mentioned Water Districts without making any more than a mere nominal allowance arbitrarily fixed by the said De- fendant, U. C. Hinderlider, for the loss by way of seepage and evaporation in so carrying and conveying the said stored waters from said reservoirs down to the said points and places of user, 3• That in attempting to carry and convey said stored waters down to.thc said points and places of user thereof the said de- fendant water officials permit the owners of said reservoirs and the users of water stored therein as hereinbefore alleged, to make what are called {'Reservoir Runs," releasing from said reser- voirs certain estimated amounts and quantities of waters into said River and after allowing the lapse of an estimated period of time for said released water to reach the points and places aforesaid, said defendant water officials permit the owners of said reser- voirs and the users of waters stored therein to take and "overt from said River at the points and places aforesaid, the amount and quantity of water so released into said River from said reservoirs less only the said nominal allowance for loss in the carriage of said waters, but that in truth and in fact the said so- called "Reservoir Runs" are temporary in point of time and continue for a few days only, and that the said stored waters so released into said River as hereinbefore stated, do not reach the said points and places of user in any appreciable quantity and do not enhance or increase the flow of water in said River to the points and places aforesaid to any substantial extent, for the reason that practically all of the increased volume of water in said River resulting from the "Reservoir Runs" aforesaid is -8-