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

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Attachment 6
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6

and are used by defendants within the boundaries of the State of

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Colorado for the purposes by your orator' herein set forth.

And your orator further shows on information and belier that

the said defendants and their confederates associated tcgether as

the owners of the said Manzanares Ditch~ without the consent of

your orator claim the right to divert and use for d~nestic and

irrigation purposes a very very lar,ge quantity of water from said

Costilla River, to wit. 23 cubic feet per second of time, and more

than sufficient water for the irr:igation of nine hundred and twenty

acres of land. and for domestic purposes:

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Whereas your orator charges the contrary thereof to be tl11e

and that 'said defendants and their confederates are'not entitled to

any wate!' from said stream for said purpos'es, and that twenty

three cubic feet of water per secQnd of time is greatly more than

sufficient for the reasonable and proper irrigation of said quanti-

ty of land and for domestic purposes in connection therewith, and

gr~atly luore than has at anyone time ever been used by defendants

for such purpose; and your orator further charges that no such

quantity of land has ever at anyone time been irrigated from the

waters diverted by said Manzanares Ditch from the said Costilla

River.

That the value of the water 'r~hts in controversy in this

action exceeds the sum of $2,000.

All of which actions, doings and pretences of the said

defendants are contrary to equity and good conscience and tend to

the manifest wrong, injury and oppression of you~ orator in the

premises.

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