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<br /> <br />of' <br />" <br /> <br />Attachment 6 <br />(Continued) <br /> <br />(;:) <br />,:;? <br />U) <br />(:..t <br /> <br />3. a <br />is charged in said bill that defel1dants claim).1 right to divert <br />and use -for domestic and irrigation purpose~s 23 cubio feet of water <br /> <br />'-> per second of tim,~ from, said river,it is not alleged that defendants <br /> <br />are using or threatening,or about to use such a.rnOunt of water,or any <br /> <br />a!nount more than is necessary,nor an amount more than they are <br /> <br />legally entitled to use therefrom. <br /> <br />4th. <br />That the plaintiff has not from itE own showil:;.g made out a <br /> <br />case. <br />5th. ~ <br />Tha.t/l~ no equity in the bill,and the subject 01' the suit <br /> <br />h: Hot within the jurisdiction of a Court of equity. <br /> <br />6th. <br />That the bill fails to show' that pla,intii'f's reliledy is not <br /> <br />barred by length of time or la.ehes. <br /> <br />7th. <br />That from the bill it appears that .this Court is without <br /> <br />jori[.;dictio::l,fOr that it appears that the venue does not lie in this <br /> <br />court,butlif at all)in the State courts. <br /> <br />~~erefore,and for divers other BOOd o.ausep of demurrer appearing <br /> <br />on the said bill ~fendant3doth demur thereto. And praYi the <br /> <br />jUD.QlJent of this Honorable Court whether1hd'Shall be compelled to <br /> <br />make any answer to, the said bill. Andtficd'hU'llbIY pray! to be hence <br /> <br />dismissed Withft reasonable costs in this behf!.lf sustaine-d. <br /> <br />~-r<<~_h <br /> <br />Alamosa.)COlo. <br /> <br />~,at?I.I'Pl", <br /> <br />SlIlicitor and 01' Counsel for all of <br />the above named defendants except <br />Ferdinan-d Meyer. <br />