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<br /> <br />t..-, <br />;~ <br />tCJ: <br />('..I <br /> <br />Attachment 5 <br />(Continued) <br /> <br />5 <br /> <br />(~._) <br /> <br />of. title thereto, and duri~ said entire period has paid all taxas <br /> <br /> <br />lawfully levied upon said premises. <br /> <br /> <br />And now so it is may it please your Honors, that the said <br /> <br /> <br />Ferdinand Meyer, combining and confederatiqg with divers .persons <br /> <br /> <br />at present unknown ~o your orator, but whose names when discovered <br /> <br /> <br />your orator prays it may be at liberty to insert herein with apt <br /> <br /> <br />words to charge them as parties defendant hereto, associated as <br /> <br /> <br />O\'mers of the Acequia Madre Ditch, have di vened and still continue <br /> <br /> <br />to divert fran the natural channel of said stream and without the <br /> <br />c. <br /> <br />consent of your orator, large quant.ities of the water of said <br />stream, which water so div~rted by defendant and his confederates <br />tJ-I'--..J.>>.CA4[lJ.. <br />is usedl\by them and is not returned to said stream, but is whOlly <br />lost to your orator, to its, .ybur orator's manifest" wroqg, damage <br /> <br />and injury. <br /> <br />And your orator further shows that although said Costilla <br /> <br /> <br />River, from its source to its confluence ',vith the Rio Grande Del <br /> <br /> <br />Norte, and both banks thereof, are located in the Territory of New <br /> <br /> <br />Mexico, yet the waters so diverted from said stream by defendant <br /> <br /> <br />as aforesaid are conduct~d by means of said Acequia Madre Ditch <br /> <br /> <br />out of said Territory of New Mexico and into the State of Colorado, <br /> <br /> <br />and used by defendant within the boundaries of the State of Colo- <br /> <br /> <br />rado for the purposes by your orator herein set forth, <br /> <br /> <br />And your .orator furt.her shows on infonnation and belief that <br /> <br />the said defendant and his confederates associated together as the <br /> <br />owners of t4e said Acequia Madre DitCh, without the consent of your <br /> <br /> <br />orator claim the ~ight to divert and use for domestic and irr~a- <br /> <br /> <br />tion purposes a very very large quantity of ,mter from said Cos- <br /> <br />"tilla River, to wit, 22.5 cubic feet per second of time, and more <br /> <br />than sUfficient water for the irrigation of nine hundred acres of <br />