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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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Water Supply Protection
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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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and an appropriation date of February 18, 1986. Rec. Vol. 1, pp. 3 -15; App. 7. On June <br />1, 1988, Fort Collins filed amendments to the application, which narrowed the claims of <br />the original application to apply solely to the Fort Collins Nature Center Diversion Dam <br />and the Fort Collins Power Plant Diversion Dam. Rec. Vol. 1, pp. 116 -122; App. 8. <br />Statements of opposition were filed by the Henrylyn Irrigation District, the Northern <br />Colorado Water Conservancy District, the St. Wain and Left Hand Water Conservancy <br />District, the City of Greeley, the Colorado Water Conservation Board ( "CWCB "), the Cache <br />La Poudre Water Users Association, and the City of Thornton, acting by and through its <br />Utilities Board ( "Thornton "). The State and Division Engineers intervened with a statement <br />of opposition. <br />Prior to trial, the CWCB and the State and Division Engineers settled with Fort <br />Collins, the City of Greeley and the St. Wain and Left Hand Water Conservancy District <br />withdrew, and the Northern Colorado Water Conservancy District notified the water court <br />of its intent not to actively participate at trial. On August 13 and 14, 1990, trial was held <br />before Connie L. Peterson, Alternate Water Judge, District Court, Water Division 1. The <br />only parties participating at trial were Fort Collins and Thornton. <br />The water court confirmed and decreed the Nature Center Diversion Dam <br />conditional water right, but denied the conditional water right claim for the Power Plant <br />Diversion Dam. Thornton appealed issues regarding the award of the Nature Center <br />Diversion Dam conditional water right. Fort Collins cross - appealed the denial of the <br />application for the Power Plant Diversion Dam conditional water right. <br />FTCOLVLEADINGW IEF.APP 2 <br />
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