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Case No. 90SA514 Combined Anwer Brief and Opening Brief on Cross-Appeal
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Case No. 90SA514 Combined Anwer Brief and Opening Brief on Cross-Appeal
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6/14/2010 1:12:46 PM
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6/11/2010 3:01:38 PM
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Water Supply Protection
Description
Fort Collins and Thorton 86CW371
State
CO
Basin
South Platte
Water Division
1
Date
6/10/1991
Author
Michael D. Shimmin, Douglas A. Goulding
Title
Case No. 90SA514 Combined Anwer Brief and Opening Brief on Cross-Appeal
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The adoption of the Poudre River Trust Land Use Policy Plan by the City of Fort <br />Collins, on February 18, 1986, following nine years of planning and public meetings, plus <br />the construction of significant recreational facilities in the Poudre River Corridor, signified <br />the crystallization of the City's intent to appropriate water in the Poudre River in sufficient <br />quantities for the decreed purposes. Exh. A -8, Rec. Vol. 3, p. 43, 1. 8 -14. The adoption <br />of the Poudre River Trust Land Use Policy Plan could not have been more open and public. <br />Fort Collins staff studied the specific details of the water uses and took concrete <br />steps to implement them. This included numerous activities discussed in detail below. <br />Prior to the trial, the Nature Center Diversion Dam and the Power Plant Diversion <br />Dam were built, involving intensive, on- the - ground engineering and construction activities. <br />The Nature Center Diversion Dam is a dam across the Poudre River which diverts water <br />from the current river channel into an historic channel which the river abandoned in 1983 <br />and 1984. See, Exh. A -55, Rec. Vol. 3, p. 155, 1. 6 -7, p. 157, 1. 22 -25; Testimony of Terry <br />Robinson, Project Engineer, Water and Waste Water Utility for the City of Fort Collins, <br />( "Robinson "), Rec. Vol. 3, pp. 145 -164. If not for the dam, the waters of the Poudre River <br />would not flow in the historic river channel. Testimony of Michael Smith, Water and <br />Waste Water Utility Director for the City of Fort Collins, ( "Smith "), Rec. Vol. 3, p. 234, 1. <br />16 -22. The Power Plant Diversion Dam is a dam across the Poudre River, with two <br />significant features -- a boat chute and a fish ladder. Testimony of Robert Nastan, <br />Construction and Service Manager for the Light and Power Department for the City of Fort <br />FTCOL \PLEADING \BRIEF.APP 4 <br />
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