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I. STATEMENT OF THE ISSUES <br />A. Whether the water court was correct in determining that the appropriation date for <br />Fort Collins' conditional water rights was February 18, 1986. <br />1. Whether the water court's first step analysis was legally correct. <br />2. Whether the record supports the water court's Findings of Fact concerning <br />the appropriation date. <br />B. Whether the amendments to the application related back to the original application <br />for conditional water rights. <br />C. Whether Fort Collins' conditional water rights for the Nature Center Diversion Dam <br />and the Power Plant Diversion Dam are valid appropriations under Colorado water <br />law. <br />1. Whether the structures create diversions. <br />2. Whether the appropriations are minimum stream flow rights reserved <br />exclusively for the Colorado Water Conservation Board. <br />II. STATEMENT OF THE CASE <br />A. PROCEDURAL HISTORY <br />This case concerns the application for conditional water rights of the City of Fort <br />Collins ( "Fort Collins "). On December 31, 1986, Fort Collins filed an application for <br />conditional water rights located within a defined segment of the Cache La Poudre River <br />( "Poudre River ") designated as the Poudre River Recreation Corridor, claiming 55 cfs of <br />water for municipal purposes, including recreational, piscatorial, fishery, and wildlife uses, <br />FTCOLVLEADINGW IEF.APP 1 <br />