Case No. 90SA514 Opening Brief for the Appellant

• Description: Fort Collins and Thorton 86CW371
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 5/6/1991
• Author: Michael D. White, Bruce D. Bernard, Teri L. Petitt
• Title: Case No. 90SA514 Opening Brief for the Appellant
• Water Supply Pro - Doc Type: Court Documents

TABLE OF CONTENTS
Page
I. STATEMENT OF THE ISSUES PRESENTED FOR REVIEW......... 1
II. STATEMENT OF THE CASE . ............................... 1
A. Nature of the Case, Course of Proceedings and Disposition
by the Trial Court ..... ............................... 1
B. Statement of Facts .... ............................... 3
III. ARGUMENT
A. Summary of the Argument .............................. 6
B. The Evidence Presented By Fort Collins Does Not Support
An Appropriation Date Of February 18, 1986 For A Water
Right At The Nature Center Diversion Dam ................. 7
1. The water court erred in holding that Fort Collins'
adoption of the Poudre River Trust Land Use Policy
Plan and other acts shown by the evidence manifested
a fixed intent by Fort Collins to divert 55 c.fs. at
the Nature Center Diversion Dam as of the date of
adoption of that plan, February 18, 1986 ................ 9
a. Neither the Land Use Plan nor the approving
resolution satisfy the requirement of establishing
that Fort Collins had formed the intent to appropriate
a water right at the Nature Center Diversion Dam as of
February 18, 1986 ............................... 9
b. The Smith field trip is not evidence that Fort
Collins had formed the intent to appropriate a water
right at the Nature Center Diversion Dam as of
February 18, 1986 ............................... 12
C. The signs and notices posted and published
on December 31, 1986 are not evidence that Fort
Collins had formed the intent to appropriate a water
right at the Nature Center Diversion Dam as of
February 18, 1986 ............................... 15
i