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SUPREME COURT, STATE OF COLORADO <br />Case No. 90SA514 <br />Appeal from the District Court, Water Division 1, 86CW371 <br />MEMORANDUM BRIEF OF NORTHERN COLORADO WATER CONSERVANCY DISTRICT <br />IN SUPPORT OF AFFIRMANCE OF WATER COURT DECISION <br />THE CITY OF THORNTON, ACTING BY AND THROUGH ITS UTILITIES BOARD, <br />Objector - Appellant /Cross - Appellee, <br />V. <br />THE CITY OF FORT COLLINS, <br />Applicant - Appellee /Cross - Appellant, <br />and <br />THE CACHE LA POUDRE WATER USERS ASSOCIATION, NORTHERN COLORADO <br />WATER CONSERVANCY DISTRICT, SAINT VRAIN AND LEFT HAND WATER <br />CONSERVANCY DISTRICT, COLORADO WATER CONSERVATION BOARD, THE CITY <br />OF GREELEY, THE STATE ENGINEER AND THE DIVISION ENGINEER, WATER <br />DIVISION 1, and THE HENRYLYN IRRIGATION DISTRICT, <br />Objectors- Appellees. <br />The Northern Colorado Water Conservancy District <br />supports affirmance of the Water Court's decision without change. <br />The District accepts Fort Collins' Statement of the Issues and <br />Statement of the Case. The District was a party below and <br />entered its appearance in this Court for the purpose of <br />supporting the Water Court's findings, decision and order. <br />Accordingly, the District requests that Thornton's appeal and <br />Fort Collins' cross - appeal both be denied and that the District <br />Court's decision be affirmed. <br />Despite the efforts of the City of Thornton to <br />characterize Fort Collins' appropriation for the Nature Center <br />Diversion Dam as lacking the proper foundation for a water right, <br />-1- <br />