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r <br />I. STATEMENT OF THE ISSUES PRESENTED FOR REVIEW <br />A. Whether the water court erred in holding that the City of Fort Collins' <br />( "Fort Collins" or "City ") adoption of the Poudre River Trust Land Use Policy Plan and other acts <br />shown by the evidence manifested a fixed intent by Fort Collins to divert 55 c.f.s. at the Nature <br />Center Diversion Dam as of the date of adoption of that plan, February 18, 1986. <br />B. Whether the water court erred in holding that Fort Collins' adoption of the <br />Poudre River Trust Land Use Policy Plan and other acts shown by the evidence constituted overt <br />acts sufficient to demonstrate Fort Collins' intent to appropriate a water right, sufficient to qualify <br />as a substantial step in furtherance of appropriating the water right, and sufficient to put other <br />water users on notice of Fort Collins' intent to divert 55 c.f.s. at the Nature Center Diversion <br />Dam, as of February 18, 1986. <br />C. Whether the water court erred in holding that the filing date of the amended <br />application should relate back to the filing date of the original application. <br />D. Whether an appropriation may be confirmed for a structure which simply <br />directs the flow of the river within the stream channel, where the applicant concedes that it does <br />not physically control water, and concedes that it has no right to water as against other water users, <br />within the reach of the stream where the claimed beneficial uses will take place. <br />II. STATEMENT OF THE CASE <br />A. Nature of the Case, Course of Proceedings and Disposition in the Court Below. <br />This case concerns an application filed by Fort Collins with the Division 1 Water <br />Court on December 31, 1986 ( "1986 Application "), which sought adjudication of a 55 c.f.s. <br />conditional water right, with an appropriation date of February 18, 1986, for an in- stream flow on <br />1 <br />