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of creating new storage ponds to enhance the natural environment, and as amenities for <br />`waterfront' development." S Ex.A -7, p.27. The Land Use Plan discusses "conservation of water <br />and other resources," as well as "water quality" and "erosion" concerns. Ex.A -7, p.17, 25. It does <br />not mention water rights or an intent to appropriate water rights, let alone the water rights at <br />issue here as a means of promoting these concerns, or for any other purpose. Chapter Three of <br />the Land Use Plan, which sets forth the agendas of suggested actions to be taken by the City in <br />carrying out the Plan's adopted policies, discusses nothing about the need, plan or intent to <br />appropriate water rights or to divert or use water -- let alone a specific and fixed intent to <br />appropriate a water right. <br />Pursuant to Resolution 86 -32, Chapter Two of the Land Use Plan was adopted by <br />the Fort Collins City Council on February 18, 1986. Appendix F; Ex.A -8. Like the Land Use <br />Plan itself, Resolution 86 -32 contains absolutely no specific plan or intent to appropriate any water <br />right. In fact, the resolution mentions absolutely nothing about water at all. <br />Fort Collins' Utilities Director, Richard Shannon, testified at trial that the Land Use <br />Plan "included a directive from the City Council to preserve and protect water flows in the <br />Poudre." Rec.Vol.III, p.48,1.18-21. A simple reading of the Land Use Plan, however, reveals no <br />such directive. Indeed, on cross - examination Mr. Shannon explained that he merely "interpreted" <br />the Land Use Plan as directing the City staff to make efforts to keep water within the reach of <br />the Poudre that flows through the City. Rec.Vo1.III, p.71,1.6-14. Mr. Shannon testified on cross - <br />examination that he was not aware of a document specifically directing the City staff to make <br />efforts to keep water within the reach of the Poudre that flows through the City. Rec.Vol.III, <br />5 1be Land Use Plan does not discuss or mention an intent to appropriate water for these ponds. <br />10 <br />