Laserfiche WebLink
HRWERS <br />the South Platte River. The Plaintiffs plan to stabilize and dry the area and back-fill and re-seed <br />any portion that has been of will be disturbed due to Plaintiffs' use of the Ogilvie Ditch. <br />31. CDOT sent a letter complaining to the DMG regarding the alleged illicit discharge <br />of water and sediment into their right of way by S W TKO and Lafarge. CDOT claims that the <br />amotmt of water was well above the pertnitted quantities and that the sediment is not permissible <br />under today's standards. CDOT does not deny the fact that Plaintiff's have, the right to convey 7 <br />cfs through the Ogilvie Ditch. <br />32. By constructing improvements for drainage under State highway 85, CDOT has <br />recognized the right to transport water under the highway. Through the 1952 Settlement, CDOT <br />has acknowledged the right-of--way established on the Ogilvie property. In addition, through <br />their use of the drainage system on the median of highway 85, CDOT has acknowledged the <br />presence and necessity of the Porter Seepage Ditch. <br />VI. FIRST CLAIM FOR RELIEF <br />' (Injunction) <br />33. There has been substantial interference with property that the Plaintiffs own and <br />their access rights to the Porter Seepage Ditch and the Ogilvie Seepage Ditch. <br />34. Irreparable harm will'result to the Plaintiffs if they are not allowed use to the <br />Porter Seepage Ditch and the Ogilvie Seepage Ditch to transport water to the South Platte River. <br />35. An injunction in this matter would not be adverse to the public interest. <br />36. Accordingly, this Court should enjoin Defendants Chavers and Defendant CDOT <br />from preventing use or access to the' ditches because the restriction would cause irreparable harm <br />to the Plaintiffs. ' <br />VII. SECOND CLAIM FOR RELIEF <br />(Declaratory Judgment) <br />37. Pursuant to C.R.C.P. 57(a) and C.R.S, § 13-51-105, Plaintiffs request that the <br />Court declare that the Plaintiffs have a right to the Porter Seepage Ditch and the Ogilvie Seepage <br />Ditch for the transportation of water to and from the South Platte River in accordance with <br />recorded documents. <br />P. 01 <br />VIII. T)EIXI2D CLAIM FOR RELIEF <br />(Trespass) <br />(Plaiitiffs v, Defendants Chavers) <br />