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6595223 <br />38. The Plaintiffs are the owners in lawful possession of the right-of-way through the <br />easement. Plaintiff, SW Villaneaux,;LLC, owns the Porter Seepage Ditch, in Wcld County, <br />Colorado. SW Villaneaux, LLC, and TK.O, LLC, own property in Weld County, which can <br />benefit from and use the Porter Seepage Ditch. While the Plaintiffs were the owners in lawful <br />possession of the Porter Seepage Ditch, the Defendants have intentionally restricted the use of <br />the right-of--way. The Defendants have constructed a barricade to prevent water from passing <br />through their property to the South Platte River. As a result, the natural historic flow of the <br />water had been altered, in violation of the implied terms of the easement. <br />3.9. Interference with an easement without consent of the benefited owner constitutes <br />trespass. The Defendants Chavers did not have the consent of the Plaintiffs to erect barriers to <br />prevent the natural flow of the water: Therefore, Defendants Chavers have trespassed on <br />Plaintiffs property. , <br />40. In addition, the owner of property buudened by a ditch easement has no right to <br />move or alter the easement without consent of the benefited owner unless he fast obtains a <br />declaration of a court that such alteration will cause no damage to the benefited owner. If the <br />burdened owner has altered the easement without such consent from the benefited owner, the <br />burdened owner is liable for his trespass. <br />41. As a direct and proximate result of Defendants Chavers' trespass, Plaintiffs have <br />suffered damages and losses. ; <br />LIf. FOURTH CLAIM OF RELIEF <br />' (Quiet Title) <br />42. Real Property rights can be the subject of quiet title actions. <br />43. A quiet title action maybe the only way to conclusively determine title to water <br />rights when the state of the record title is unclear or unambiguous. This quiet title action would <br />be contested because the Defendants contest the claim of the Plaintiffs, who are trying to assert <br />superior title to the easement over the Defendants. <br />44. Ilene, the Plaintiffs are claiming title to a portion of a specific parcel of property <br />and requestiuttg the court to find that the Plaintiffs' title is superior to any interest held or claimed <br />by the Defendants. The Plaintiffs' right to the easement is held in the ditches granted to rhea <br />predecessors in tide prior to the ownership of the Defendants. <br />X. FIFTII CLAIM OF RELIEF <br />(Intentional Interference with Contractual Obligations) <br />(SW TKO Joint Venture, LLC v. Defendants Chavcrs) <br />P. 11 <br />45. Defendants have intentionally interfered with the contractual obligations between <br />the Plaintiffs and Lafarge. The Plaintiffs and Lafarge entered into a lease agreement whereby <br />they agreed that Lafarge had the right to sample, drill, and test for, develop, mine, quarry, <br />