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the Court below was correct in finding that Fort Collins, by <br />diverting water from its natural course into an old channel for <br />municipal, recreational, and piscatorial purposes in connection <br />with the Nature Center, would effectuate a plan for the capture, <br />possession, and control of water within the meaning of C.R.S. <br />S 37- 92- 305(9)(a) & (b). Water would be physically diverted by <br />the Nature Center Diversion Dam to create a fishery and wildlife <br />component of the Nature Center in order to reclaim and enhance a <br />municipal environment for the benefit of City residents and <br />visitors. This Court previously has held that "the use of water <br />in the form of a pond to provide wildlife habitat and enhance the <br />attractiveness of residential environment is a beneficial use." <br />Zigan Sand & Gravel, Inc. v. Cache la Poudre Water User's Assn <br />758 P.2d 175, 182 (Colo. 1988). Here, a discreet, identifiable <br />abandoned channel into which water will be diverted would serve <br />almost identical functions as the pond in Zigan constituting a <br />valid appropriation under the circumstances. <br />However, the Court found that a boat chute and a fish <br />ladder within a stream channel do not constitute capture, <br />possession, and control of water for an appropriation within the <br />meaning of the Colorado statutes. Again, the District Court was <br />correct. <br />The ordinary purpose of a boat chute is to allow <br />passage of a raft, canoe, kayak, tube, or other flotation <br />apparatus through an obstructed stream channel, in order to avoid <br />a natural or manmade obstacle which could be hazardous to human <br />health and safety. The normal purpose of a fish ladder is to <br />-2- <br />