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6. The claims of the Plaintiff are violative of C.RS. §13-17-101 et. seq., as being <br />substantially groundless, frivolous, vexatious, and without merit. <br />COUNTERCLAIM <br />1. Chavers are the owners of certain property comprising approximately 80 acres <br />adjacent to State Highway 50 in Weld County, Colorado. <br />2. Chavers have owned such property for well over ten (10) years, and operate such <br />property as a racehorse training and breeding farm and also reside upon such property as their <br />home. Chavers are well known as thoroughbred breeders of expensive racehorses and also from <br />time to time Chavers have trained racehorses. <br />3. TKO owns and/or operates property immediately west of Chavers, across <br />FTighway 50, such property having been fiumed by the Defendant Villaneaux and others. Such <br />property, based upon information and belief is wrrently being leased to Villaneaux by TKO. It <br />is believed such property is being utilized for commercial purpose, i.e. a gravel operation and <br />water storage property for which TKO had developed a water nmoff contrary to historical <br />agricultural use. <br />4. Upon information and belie!; TKO through an agreement with LeFazge Gravel <br />Operation, has an accumulation of water and anticipates further accumulation of water which <br />must be discharged from the property of TKO. The historical discharge of the TKO property to <br />the north has been terminated and therefore, TKO has chosen to discharge such water through the <br />property of Co-Defendant Colorado Department of Transportation ("CDOT"), i.e. State <br />Highway 50 and through Highway 50 to the property of Chavers. <br />5. TKO has commenced such discharge operation by grading upon their property, <br />developing RIP-RAP formulating a ditch to the culvert of Co-Defendant CDOT, as more cleazly <br />reflected in attached Exhibit A. <br />6. As a result of the actions of TKO water has been discharged onto CDOT's <br />property through the cattle culvert crossing and onto Chavers property resulting in a dumping of <br />silt, water, and other discharge from the property of TKO to the property of Chavers for which <br />Chavers fears such discharge to be injurious to their horse operation, injurious to their land and <br />resulting in a wrongful trespass and nuisance upon the land of Chavers by the wrongful acts of <br />TKO. <br />4 <br />