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the South Platte River. The Plaintiffs plan to stabilize and dry the area end back-fill and ro-seed <br />any portion that has been or will be disturbed due to Plaintiffs' use of the Ogilvie Ditch. <br />31. CDOT sent a letter complaining to the DMG regarding the alleged illicit discharge <br />of water and sediment into their right of way by SW TKO and Lafarge. CDOT claims that the <br />amotmt of water was well above the permitted quantities and that the sediment is not permissible <br />under today's standards. CDOT does not deny the fact that PlsintifPs have the right to convey 7 <br />cfs through the Ogilvie Ditch. <br />32. By constructing improvements for drainage under State Highway 85, CDOT has <br />recognized the right to transport water under the highway. Through the 1952 Settlement, CDOT <br />has acknowledged the right-of--way established on the Ogilvie property. In addition, through <br />their use of the drainage system on the median of Highway 85, CDOT has acknowledged the <br />presence and necessity of the Porter Seepage Ditch <br />VI. FIILST CLAIM FOR RELIEF <br />(Injunction) <br />33. There has been substantial interference with property that the Plaintiffs own and <br />their access rights to the Porter Seepage Ditch and the Ogilvie Seepage Ditch. <br />34. Irreparable harm will result to the Plaintiffs if they are not allowed use to the <br />Porter Seepage Ditch and the Ogilvie Seepage Ditch to transport water to the South Platte River. <br />35. An injunction in this matter would not be adverse to the public interest. <br />36. Accordingly, this Court shotild enjoin Defendants Chavers and Defendant CDOT <br />from preventing use or access to the ditches because the restriction would cause irrepazable harm <br />to the Plaintiffs. <br />VII. SECOND CLAIM FOR RELIEF <br />(Declaratory Judgment) <br />37. Ptusuant to C.R.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 Porter Seepage 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 />P. 01 <br />VIII. TIIXIZ>JRA CLAIM FOR RELIEF <br />(Trespass) <br />(Plaintiffs v. Defendants Chavers) <br />