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p.73, 1.22 -25; p.74, 1.1 -2. Further, Fort Collins Water and Waste Water Utility Director, Michael <br />Smith, admitted that the Land Use Plan did not specifically contemplate an appropriation of a <br />water right for the Nature Center Diversion Dam or for the Power Plant Diversion Dam. <br />Rec.Vol.III, p.231,1.25; p.232,1.1-3. Indeed, the study area of the Land Use Plan, "the Downtown <br />River Corridor," does not even include the site of the Nature Center Diversion Dam. Ex.A -7, <br />p.11-A, Ex.A -73. <br />The Land Use Plan and Resolution 86 -32 lack the specificity required under <br />Colorado law to support a date of appropriation of February 18, 1986. In Denver supra, 696 <br />P.2d 730, the trial court denied the applicant's claim for a conditional water right, finding that the <br />applicant had failed to form a specific intent to appropriate water from Straight Creek. On appeal, <br />the applicant, Denver, claimed that it had formed the specific intent to divert water from Straight <br />Creek on October 23, 1956, based upon its passage of a resolution on that date, which stated in <br />pertinent part: <br />... the operating personnel ... were authorized to and directed to at once initiate <br />and carry forward those steps necessary to cause the appropriation on behalf of the <br />City and County of Denver, for control through the Board of Water Commissioners, <br />of all possible raw water out of the Colorado River, and its tributaries including <br />water for direct and immediate use and water to be stored by exchange, <br />replacement, and other uses which appear to be within the limits of economic <br />feasibility. [Emphasis added] <br />Id. at 747. The Colorado Supreme Court held that the resolution was "wholly insufficient" to <br />manifest the intent necessary to appropriate a water right from Straight Creek, even though <br />Straight Creek is a tributary of the Colorado River. Id. "The language is simply too broad and <br />lacking in specificity to support the particular appropriation claimed." Id. <br />6 "Q: The Plan was adopted on February 18th of 1986. From your familiarity with that plan, did it contemplate <br />appropriation of these two water rights for the two dams? A. I don't believe it was that specific." <br />11 <br />