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Fort Collins published notice of its intent to divert water at the Nature Center <br />Diversion Dam in The Coloradoan on September 29, 1988. Ex.A -68. <br />III. ARGUMENT <br />A. Summary of the Argument. <br />The trial court erred in several ways when it granted Fort Collins a conditional water <br />right at the Nature Center Diversion Dam with a date of appropriation of February 18, 1986. <br />First, the date of appropriation awarded by the trial court is improper as the <br />evidence presented at trial does not support the trial court's ruling that, as of February 18, 1986, <br />Fort Collins had developed the requisite intent to appropriate a water right for the Nature Center <br />Diversion Dam and had engaged in overt acts sufficient to provide notice to others of an intent <br />to appropriate a water right at the dam. The trial court's award of the February 18, 1986 date of <br />appropriation was based upon the adoption by Fort Collins on that date of the Land Use Plan as <br />well as other acts presented by the evidence. The Land Use Plan, however, does not describe <br />an appropriation of water rights or the diversion or beneficial use of water. Moreover, the Land <br />Use Plan deals exclusively with the Downtown River Corridor, which does not include the site of <br />the Nature Center Diversion Dam. The adoption of the Land Use Plan does not, therefore, <br />evidence Fort Collins' intent to appropriate any water right, let alone a water right at the Nature <br />Center Diversion Dam, and does not constitute an overt act sufficient to provide notice to others <br />of an intent to appropriate a water right at the dam. Nor do the other acts presented by the <br />evidence demonstrate Fort Collins' intent to appropriate a water right at the Nature Center <br />Diversion Dam or overt acts in furtherance of that intent, as of February 18, 1986. <br />2 Fort Collins based its claim to a February 18, 1986 date of appropriation exclusively on the adoption on that date <br />of the Land Use Plan. Rec.Vo1.III, p.67,1.14-23; p.301,1.7-8; See Appendices D and E. <br />T <br />