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holding that the dam did not control water sufficiently to constitute a diversion within the meaning <br />of C.R.S. §§ 37 -92- 103(7) and 37- 92- 305(9)(b). Supp.Rec., p.10, 1.20 -23. The court further held <br />that the 1988 Application narrowed and refined the 1986 Application sufficiently to allow the <br />filing date of the 1988 Application to relate back to the 1986 Application. Supp.Rec., p.4, 1.1- <br />12. The water court issued its formal Findings of Fact, Conclusions of Law, Judgment and Decree <br />on November 8, 1990. The City of Thornton timely appealed the court's Findings of Fact, <br />Conclusions of Law, Judgment and Decree on December 21, 1990. <br />B. Statement of Facts. <br />On February 18, 1986, the Fort Collins' City Council adopted by resolution Chapter <br />Two of the Land Use Plan as part of the City's comprehensive plan. Ex.A -8, Rec.Vol.III, p.40, <br />1.1 -5; p.43, 1.8 -14. The Land Use Plan focused exclusively on revitalizing the "Downtown River <br />Corridor" which extends along the Poudre River as it flows through Fort Collins from Lee Martinez <br />Park to Lemay Avenue. Ex.A -7, p.11 -A; Rec.Vol.IH, p.39,1.14-20; p.43,1.8-14. The Downtown <br />River Corridor includes the site of the Power Plant Diversion Dam, but does not include the site <br />of the Nature Center Diversion Dam. Ex.A -73, Rec.Vol.III, p.24,1.11-20; p.28,1.4-10. Neither the <br />Land Use Plan nor the resolution make any reference to water rights, to an appropriation of water, <br />or to the Nature Center Diversion Dam. <br />Fort Collins' employee, Michael Smith, testified that he made a field trip to the site <br />of what is now the Nature Center Diversion Dam in February of 1986 to evaluate whether Fort <br />Collins should construct a dam at that location. Rec.Vol.III, p.228, 1.10 -25; p.229, 1.1 -2. No signs <br />were posted at the site during the field trip to provide notice of Fort Collins' alleged intent to <br />appropriate a water right at the dam. Rec.Vol.III, p.229,1.3-5. Fort Collins' only apparent physical <br />3 <br />