WSP04972

• File Number: 8509
• Description: San Luis Valley
• State: CO
• Basin: Rio Grande
• Water Division: 3
• Date: 9/26/1974
• Title: Garcia Water Problems
• Water Supply Pro - Doc Type: Report/Study

f~
'-....
Ii)
~'J
I ~:j
,~)

Attachment 5
(Continued)

6

land, and for domestic purposes:

Whereas your o:r"ator charges the contrary thereof to be true

and that said defendant and his confederates are not entitled to

any water from said stream for said purposes, and that twenty two

and five-tenths cubic fe at of water per second of t.ime is greatly

more than sufficient -for the reasonable and proper irrigation of

said quantity of land and for domestic purposes in connection the're

with, and greatly more than has at anyone time ever been used by

defendant for such purpose; and your orator further charges that

no such quanti ty of land has eVer at anyone time been irrigated

from the waters diverted by said Acequia Madre Djtch from the said

Costilla River.

That the value of the water rights in controversy in this

action exceeds the moon of $2,000.

All of lmich actions, doi~s and pretences of the said

defendant are contrary to equity and good conse ience and -tend to

the manifest wrong, injury and oppression of your orator in the

premises.

In tender consideration whereof and for as much as your

orator is without adequate remedy in the premises at and by the

strict rules of the common law, and can only obtain relief in this

Honorable Court, where matters of this nature are properly cqgniza_

ble and relievable: to the end therefore that the said defendant,

and his confederates when discovered may, if they can,. show why

your orator shall not have the r~lief hereby prayed, and may make

full disclosure and disoovery of all the matters aforesaid and

according to the best and utmost of their knO\vledge. remembrance,

information and belief full, true, direct and perfect answer make

to the matters hereinbefore stated and charged, but not under

.<-;