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CHg4ER5 303 6595223 <br />~ P.06 <br />intentiotial interference with contractual obligations; and for a decree of quiet title in favor of the <br />Plaintiff: <br />2. The Ogilvie Seepage Ditch was established in 1908. ~ Exhibit A. <br />3. The Porter Seepage Ditch was established in 1919. See Exhibit B. <br />4. SW Villaneaux, LLC, acquired property historically bene5ting from the Porter <br />Seepage Ditch in 2005. TKO, LLC also acquired property near the Porter Seepage Ditch in <br />2005. ~ <br />5. SW TKO Joint Venture, LLC, was granted a Section 112 Permit from the Mined <br />Land Reclamation Board, within it ere the boundaries, the ditches and associated easements, <br />which run with the land and were conveyed by the previous landowner. These ditches allow the <br />Plaintiffs to transport water through;the ditch across State highway 85 and the property to the <br />South Platte River. <br />6. Defendants Chavers are restricting the use of the ditches by not allowing access to <br />the ditch, preventing maintenance o£the ditch and coordination of the ditch use and the surface <br />use of the property. Defendants Chavers have recently obstructed the pathway of the ditch by <br />depositing hay and other materials which restrict water fmm reaching the South Platte River. <br />7. Defendant CDOT has restricted use of the ditch by placing cement barriers in <br />fxoat of the box culvert, which directs water to the Porter Ditch and by claiming rights to restrict <br />use of the Ogilvie Ditch. Due to Defendants' actions, the water using the Porter Ditch is unable <br />to freely flow through the bax culvert to the South Platte River and has begun to pool at the <br />entrance of the culvert. Any disruption in the Ogilvie Ditch will similarly restrict the water's <br />route to the South Platte River. <br />II. JURISDICTION AND VENUE <br />8. Jurisdiction in this Court is proper as the Courts of state jurisdiction have the <br />obligation to decide cases involving actions in Colorado. C.R.S. §13-1-123. <br />9. Venue in this Court is proper pursuant to C.R.C.P. 98(a) and (b). <br />III. PARTIES <br />10. SW Villaneaux, LLC owns the real property described Exhibit C. TKO, LLC <br />owns the real property described Exhibit D. SW T1C0 Joint Venture, LLC is a limited liability <br />company. ~ <br />11. Andrew Chavers is an individual whose primary residence is in Weld County, <br />Colorado. <br />