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06-D5-2006 02:39PN FROtI-DOL NATURAL RESOURCES 3039663559 T-572 P.009/027 F-633 <br />the South Platte Rives. The Plalzuiffs plea to stabilize and dry the areaand back-fill and re-seed <br />say poman that has bean or will be disturbed due to Plantiffs' use of the Ogilvie Ditch. <br />31. CDOT sent a letux caruplaining to the DMG regarding the allrged illicit discharge <br />of water and sediment into thew tight of way by SW TKO and Lafarge. CDOT claims that tht <br />amount of water was wall above the permitted quantities and that the sediment is not parmissible <br />under today's standards. CDOT does not deny the fact that Plaintiff s have the right to convey 7 <br />efs thmugh the Ogilvie Ditch. <br />32. By consmlcdng imptvvements fur drainage under State Highway 85, CDOT bas <br />recognized the right to uansporr water uoder the highway. Thtaugh the 1952 Settleme~ CDOT <br />has aclmowledged the right-af-way established oa the Ogilvie properry. In addition, through <br />their use of the drainage system on the median of Highway 85, CDOT has acl.~ttowlndged the <br />presence and necessity of the Porter Seepage Ditch. <br />VI. FIKST CLAIM FOR RELIEF <br />(Igjanction) <br />33. There has been substantial inttzference with property that the Plaintiffs own and <br />their access rigors to the Patter Sttpage Ditch and the Ogilvie Seepage pitch. <br />34. Ttrepatable harm will result to the Plaintiffs if they are oat allowed use to the <br />Porter Seepage Ditch and the Ogilvie Seepage Ditch to transport water to the South Plsm River. <br />35. An ittjtutetion iu this matter would noc be adverse to the public interest. <br />36. Accordingly, this Court should znjoin Defendants Chavers and Defeada~ CDOT <br />from pieveAtiag use or access to the ditches because the testtiction would cause irreparable harm <br />to the Plaintiffs. <br />VII. SECOND CLAIM BOA BELIEF <br />(Declaratory Judgment) <br />37. Pursuant to C.1i.C.P. 57(a) and C.RS. § 13-51-105, Plaintiffs request that the <br />Court declare that the Plaintiffs have a right to the Porten 3eepagc Ditch and the Ogilvie Seepage <br />Ditch for the transportation of water to and from the South Platte River in accordance with <br />recorded documents. <br />VIII. TAI1iD CLAIM FOIL RELIEF <br />(Plaintiffs v. Defendants Chavers) <br />