Case No. 90SA514 Combined Anwer Brief and Opening Brief on Cross-Appeal

• 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
• Water Supply Pro - Doc Type: Court Documents

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COMBINED ANSWER BRIEF AND OPENING BRIEF
TABLE OF CONTENTS
I. STATEMENT OF THE ISSUES ..... ............................... 1
II. STATEMENT OF THE CASE ..... ............................... 1
A. PROCEDURAL HISTORY . ............................... 1
B. STATEMENT OF THE FACTS ............. . . . . ........... 3
III. SUMMARY OF THE ARGUMENT 5
IV. ARGUMENT ............. ............................... 6
A. THE WATER COURT CORRECTLY DETERMINED THAT THE
APPROPRIATION DATE FOR FORT COLLINS' CONDITIONAL WATER
RIGHTS WAS FEBRUARY 18, 1986 ......................... 6
1. The first step analysis used by the water court in this case was
wholly within the zuiftz principles of Colorado law ...... 7
2. Under the facts and circumstances of this case the water court
found that the activities of Fort Collins demonstrated both
intent and sufficient overt acts to constitute an appropriation
as of February 18 1986, and the record supports these
....... ............................... 9
B. THE WATER COURT'S DETERMINATION THAT FORT COLLINS'
AMENDMENTS TO THE APPLICATION RELATED BACK TO THE
FILING DATE OF THE ORIGINAL APPLICATION WAS CORRECT. ... 17
C. FORT COLLINS' CONDITIONAL WATER RIGHTS ARE VALID
APPROPRIATIONS UNDER COLORADO WATER LAW............ 19
1. The Water Ri -vht Determination and Administration Act of
1969, as amended authorizes appropriations where water is
controlled in its natural course by means of a structure ..... 19
FTCOLVLEADINGWIEF.APP 1