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Case No. 90SA514 Opening Brief for the Appellant
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Case No. 90SA514 Opening Brief for the Appellant
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Last modified
6/24/2010 12:21:26 PM
Creation date
6/11/2010 2:58:18 PM
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Water Supply Protection
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
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of the evaluation process to determine whether to proceed with the project. Furthermore, Fort <br />Collins' field crew left nothing at the site that would indicate their inspection or the nature of the <br />trip. No survey stakes or lines were set. No signs were posted at the site. Rec.Vol.III, p.229,1.3- <br />5. No notices were published in the local newspapers indicating Fort Collins' intent to appropriate <br />a water right at the Nature Center Diversion Dam prior to 1988. The field crew's activities in <br />1986 were not sufficient to alert any person in the area of the nature and scope of Fort Collins' <br />contemplated diversion. The field crew's activities were not sufficient to place an observer even <br />on inquiry notice of Fort Collins' intent to appropriate any type of water right. As the Court <br />stated in Bar 70 Enterprises "if preliminary reconnaissance work of this type is permitted to satisfy <br />the overt acts requirement, the notice function of that requirement for all practical purposes would <br />be eliminated." 703 P.2d at 1308. <br />C. The signs and notices posted and published on December 31, 1986 do not <br />satisfy the overt act requirement for initiating an appropriation at the Nature Center <br />Diversion Dam as of February 18, 1986. <br />As discussed in more detail on pages 15 and 16, supra, the signs were posted and <br />the first notice was published ten months after the date of appropriation awarded by the trial <br />court. Fort Collins' witnesses testified that the purpose of posting these signs was to provide a <br />conspicuous act which would provide notice to other users. Rec.Vol.III, p.254, 1.11 -23; See <br />Appendix R These signs and notices could not have possibly provided notice, on February 18, <br />1986, to interested parties that Fort Collins sought to appropriate a water right at the Nature <br />Center Diversion Dam. Central Colorado Water Conservancy District v. City and County of <br />Denver supra, 539 P.2d at 1272. <br />20 <br />
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