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<br /> <br />t{? <br />.-? <br />1.1) <br />CJ <br />1_.,_) <br /> <br />Attachment 6 <br />(Continued) <br /> <br />2 <br /> <br />entitled to water by reason of the prior rights of others below,and <br /> <br />there is ample provision in law for the _protection of the water rights <br /> <br />(~.:' <br /> <br />of all users of water from the said Costilla rivertmentioned in the <br />",,,:,,,,-~'7'~~, <br />complaint,or any such or other natural stream in this stllte.And the <br />/f . <br />11:'-\'( makes ample provision for the prevention of waste of the waters <br />""-'"f~~ <br />of such stream or any stream of the state~and for the pr~vention of <br />~ ~ k.-,...;.;r..~ <br />the use of water frOm such stream or any stream of the State by any <br /> <br /> <br />party or parties not legally entitled to th,e same,and for ~restrio <br /> <br /> <br />tion of all parties to bae diversion and USe of only so much of the <br /> <br />h ~ hA4;~ <br />waters of suoh stream)or any streoon of the State;,as theY-maY"b(legal <br /> <br /> <br />ly entitled to so divert and use. <br /> <br />2nd. <br />That it does not appear from the bill that the plaintiff has <br /> <br />any interest in the subject matter of the suit,nor any ri.'ht to main <br /> <br />tain the sflme,for that it does not alleLe. in the bill tha.t the plain <br /> <br />tiff OUNS any ditches or ditch takinG water from the said Costilla <br /> <br />Hiver,nor that,the plaintiffhas a prior riGht,or a right superior to <br /> <br />defendant,s) Jor any right whatever to divert the water from <br /> <br />nor to enjoin the diversion of the same therefrom by these defendants <br /> <br />or any of them,anci saicl bill fails to AlleGe or shol'{ that plaintiff <br /> <br />has appropriated any water from said stream,or is entitleci to the <br /> <br /> <br />use of any water therefrom; Q-[ ~~ ~ ~ ~ <br /> <br />~.,.:.~, <br />Srd. <br />That the bill lacks certa.inty in that it is uncertain frOm <br /> <br />~":;,' <br /> <br />the bill whether plaintiff claims to have ir.rigated its lands from <br /> <br />the Costilla River,or whether it contemplates irriGating its lands <br /> <br />therefrom. And it is uncertain from the bill whether- it claims or <br /> <br />intends to cl'airn as a Riparian proprietor,or W1der the 'lawE of <br /> <br />ty of right based upon diversion and use of the water.And while it <br /> <br />'",- <br />