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Rec.Vol.III, p.229,1.15-19. Mr. Smith admitted that there was no documentation of his decision <br />to construct the dam. Rec.Vol.III, p.229,1.12-13. Finally, Mr. Smith admitted stating, in response <br />to an interrogatory from Thornton requesting that Fort Collins provide the date upon which it <br />made the decision to build the Nature Center Diversion Dam, that the determination to build the <br />dam was not made until two years later, on April 13, 1988. Rec.Vo1.III, p.231, 1.1 -16. <br />Testimony by Fort Collins Project Manager for the Nature Center Diversion Dam, <br />Terry Robinson, supports Mr. Smith's response to Thornton's interrogatory. Mr. Robinson testified <br />that he was involved in the decision to construct the dam and that "the decision was made probably <br />latter part of 1987, early 1988." Rec.Vo1.III, p.158,1.24-25; p.159, 1.1. <br />According to Fort Collins' own witnesses, Messrs. Smith and Robinson, the decision <br />to construct the Nature Center Diversion Dam was not made as of February 1986. That is <br />specifically reflected by the absence of any reference to the dam in the application Fort Collins <br />filed ten months later. It was error for the court to award Fort Collins a February 18, 1986 date <br />of appropriation for a water right at the dam, when Fort Collins admitted that it had not formed <br />a fixed or specific plan or intent to appropriate water at the Nature Center Diversion Dam as of <br />that date. <br />9 "Q: Do you recall signing some responses to interrogatories that were sent to you by the City of Thornton? A. <br />I do recall that, yes. Q: Do you recall, in responding to a question to indicate when the determination was made of -- <br />the date on which a determination was made to build the Nature Center Dam, what your response was? A: I don't recall, <br />without looking at it. Q: Would it refresh your recollection if I told you that your response was that that determination <br />was made on or about December (sic) 13th of 1988? A: I think that's an accurate statement. Q: What's -- can you <br />tell me what the April 13, 1988, date is based on? A. I don't recall, off hand." <br />14 <br />