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COUNT I <br />7. Tatums incorporate by reference herein the allegations <br />set forth in paragraphs 1 through 6 above. <br />8. Plaintiffs oi~n a tract of land located on State Highway <br />12 at Stonewall, Colorado, known as STORZ MEADOWS. Said <br />tract is a good and valuable hay meadow that is used to <br />produce irrigatedi hay and provide grazing for Plaintiffs' <br />live stock. Said tract is, and for many years has been <br />irrigated thru irrigation ditch Maxwell Eleven (11). <br />9. Maxwell Eleven (11) and the water it flows is primarily <br />used to irrigate STORZ MEADOWS. Virtually no other land can <br />be irrigated out of Maxwell Eleven (11). <br />10. Plaintiffs own 3.0 c.f.s. of water in a irrigation <br />ditch labeled and numbered as Maxwell Nine (9) which is <br />located slightly upstream from Maxwell Eleven (11). Other <br />than the 3.0 c.f.s. of Plaintiff's water, the water in <br />Maxwell Nine (9) is only used to irrigate land belonging to <br />Defendants and/or its successors. Defendant has used <br />Plaintiff's water. in Maxwell #9 for 1992, 1993, 1994, 1995 <br />and 1996 and Plaintiff brings suit for FIVE THOUSAND DOLLARS <br />($5,000.00) for each year. <br />11. In 1988, Elaintiffs and Defendant BASIN RESOURCES, INC. <br />- WYOMING FUEL entered into an agreement and contract <br />whereby Plaintiffs and Defendant Basin Resources, Inc. <br />traded and exchanged 2 c.f.s, of water ownership whereby <br />Plaintiff received 2 c.f.s of water in Maxwell Eleven (11) <br />for use on Storz Meadows and Defendant Wyoming Fuel received <br />2 c.f.s of water for use on its land from Maxwell Nine (9). <br />This agreement was made and the parties used the waters <br />traded for the~.r own uses from 1988 until 1992. Plaintiff's <br />were then deprived of the irrigation water for Storz Meadows <br />and lost the hay ~~rops from 1992 through 1996 due to being <br />deprived of th~ ~•.=e of irrigation water. <br />12. Plaintiffs have been advised by John Toupal that he has <br />purchased the water in ditch Maxwell Eleven (11) and <br />proposes to c;~arge Plaintiffs for the use of water which <br />Plaintiffs already own via the exchange of 1988, thus Basin <br />Resources is a=tempting to steal Plaintiff's water and water <br />rights by selling or conveying Plaintiff's water. <br />13. Defendant has breached the contract and agreement <br />whereby the parties exchanged Two (2) c.f.s of water in <br />Maxwell ElevE.n (11) and Maxwell Nine (9) ditch and <br />purportedly then sold Plaintiffs' water right in Maxwell <br />Eleven (11) to a third party. Plaintiff would show that <br />this was a deliberrite and malicious move by Defendant in bad <br />