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D6-O6-2006 02:38PM FRObFDOL NATURAL RESOURCES 3038663568 T-6T2 P.005/02T F-633 intentional interference with contractual obligations; and for a decree of quiet title in favor of the Plaintiff. 2. The Ogilvie Seepage Ditch was established is 1908. See Exhibit A. 3. the Porter Seepage Ditch was established in 1919. See Exhibit 8. 4. S W Viilaneaux, LLC, acquired property historically benefiting from the Porter Seepage Ditch is 2005. TKO, LLC also acquired property near the Porter Seepage Ditch in 2005. 5. SW TKO Joint Vettttue, LLC, was gcartted a Section 112 Permit from the Mined Land Rcctataation Board, within it are the boundaries, the ditches and associated aaseateuts, which tun with the laud artd were camreyed by the previous landowner. Thest ditches allow thr Plaintiffs to tzaasport water through the ditch across State Iii;hway $5 and the property w the South Platte River. fi. Defendants Chavers are rastrictirtg the use of the ditches by not allowing access to the ditch, preventing maintenattcr of the dikh and coordination of the ditch use and the surface use of the property. Defendants Cbavers have recently obstructed the pathway of the ditch by depositing hay and other matcrials which restrict water &am reaching the South Platte River. 7. Defendaut CDOT bas restricted use of the ditch by placing cement barriers in front of the box culvert, which directs water to the Porter Ditch and by claiming rights to restrict use of the Ogilvie Ditch. Due to Defendants' actions, the watea using the Porter Ditch is unable to freely Aow through the box culvert to the South Platte River aad has begun to pool at the entrance of the culvett. Any disruption in the Ogilvio Ditch will similarly restrict the water's route m the South Platte River. IY..IURISDICTION AND VENIFE 8. Jurisdiction is this Court is proper ae the Courts of state jurisdiction have the obligation to decide cases involving actions in Colorado. C.R.S. §13-1-123. 9. Venue in this Court is proper pursuant ro C.R.C.P. 98(a) and (b). III. PARTIES 10. SW Villanesux, LLC awns the real property described Exhibit C. TKO, LI.C owes the real pmperry described Exhibit D. SW TKO Joint venture, LLC is a limited liability company. 11. Andrew Chavexs is an individual whose primary residence is in Weld County, Colorado.