Reply Brief and Response Brief of Appleant, City of Thornton

• Description: Fort Collins and Thornton 86CW371
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 7/27/1991
• Author: Michael D. White, Bruce D. Bernard, Teri L. Petitt
• Title: Reply Brief and Response Brief of Appleant, City of Thornton
• Water Supply Pro - Doc Type: Court Documents

Therefore, whether or not Fort Collins "interpreted" the plan as a directive to appropriate a water
right three miles downstream from the plan's study area is irrelevant. This subjective interpretation
of the plan by Fort Collins' staff obviously provided no notice to others. Interpretation of the Land
Use Plan to include a directive to appropriate a water right at a structure outside of the plan's study
area is not one the general public would be expected to make. With no mention whatsoever of Fort
Collins' "interpretation" of the plan or of an intent to appropriate, divert or use water, with no
mention of the Nature Center Diversion Dam, with no' directive to city officials to perform the
necessary steps to initiate or make an appropriation of water anywhere within the Poudre River, and
especially where the study area of the plan does not even include the site of the Nature Center
Diversion Dam, the Land Use Plan and the approving resolution provided no notice whatsoever to
the world at large that Fort Collins intended to appropriate a water right three miles downstream of
the plan's study area, at the Nature Center Diversion Dam. Id. The Land Use Plan and approving
resolution do not support a February 18, 1986 date of appropriation at the Nature Center Diversion
Dam.
Fort Collins, however, asserts that adoption of the Land Use Plan was sufficient to
express Fort Collins' intent to appropriate the water rights at issue:
because the City Council had previously delegated to its staff the authority to go
forward and implement the Council's intent and file for the water rights and build the
structures necessary to perfect the appropriation. This delegation had occurred in the
City of Fort Collins, with express City Council confirmation of the authority of the
staff to secure water rights for the City of Fort Collins in Resolution 88 -97.
Fort Collins Brief, p 13. However, Fort Collins fails to mention that Resolution 88 -97 was adopted
by Fort Collins in 1988, two years after the date of the Land Use Plan and adoption of that plan by
the Fort Collins City Council. Ex. A -23; See Appendix H, attached hereto; Rec.Vo1.III, p. 55,1.8 -12.
This is consistent with Mr. Smith's testimony acknowledging that he responded to a Thornton
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