Laserfiche WebLink
C. The signs and notices posted and published on December 31, 1986 are not <br />evidence that Fort Collins had formed the intent to appropriate a water right at the <br />Nature Center Diversion Dam as of February 18, 1986. <br />The signs posted and notices published by Fort Collins are not evidence that Fort <br />Collins had a specific plan and intent to appropriate a water right at the Nature Center Diversion <br />Dam as of February 18, 1986. Fort Collins published notices in The Coloradoan on December 31, <br />1986 and January 29, 1987, which notified the public that Fort Collins was claiming "in- stream" <br />rights within the Poudre. Ex.A -68. These notices neither refer to, mention, nor give notice of, <br />Fort Collins' alleged intent to divert water at the Nature Center Diversion Dam." Fort Collins <br />also posted signs on December 31, 1986 at various sites along the reach of the Poudre River from <br />the Overland Trail bridge to the I -25 bridge. Ex.A -65. No signs were ever posted at the site <br />of the Nature Center Diversion Dam and no signs were ever posted at any location stating Fort <br />Collins' intent to divert water at the Nature Center Diversion Dam. Rec.Vol.III, p.227, 1.10 -15. <br />The content of these signs and the 1986 and 1987 notices do not demonstrate that Fort Collins <br />had formed a specific intent to appropriate a water right at the Nature Center Diversion Dam. <br />Denver supra, 696 P.2d at 747. In fact, they describe an in- stream flow within a reach of the <br />10 1he December 1986 notice states that Fort Collins claims: " in- stream water rights in the Poudre River for 55.0 c.fs. <br />from the Overland Trail bridge, located in Section 32, T 8 N, R 69 W, and 40.0 c.f.s. from the Lincoln Street bridge, <br />located near the center of Section 12, T 7 N R 69 W (sic), downstream to the I -25 bridge located near the center of <br />Section 34, T 7 N, R 68 W, all from the 6th P.M., in Larimer County, Colorado." [Emphasis added] The January 1987 <br />notice merely reiterates the application filed on December 31, 1986. <br />11A notice published in The Coloradoan on September 29, 1988, four months after the 1988 amended application <br />was filed, did provide notice of Fort Collins' intent to divert water at the Nature Center Diversion Dam. Ex.A -68. <br />12 The signs stated: "The City of Fort Collins claims in- stream water rights in the Cache La Poudre River for 55.0 <br />cubic feet per second (c.f.s.) from the Overland Trail bridge to the I -25 bridge, and for 40.0 c.fs. from the Lincoln Street <br />bridge to the I -25 bridge. For more information, call 221 - 6681." [Emphasis added] <br />13 The closest sign was posted at the Prospect Street bridge, located a mile away from the Nature Center Diversion <br />Dam. Rec.Vol.IH, p.251,1.12-23; p.252,1.16-18. <br />15 <br />