My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Reply Brief and Response Brief of Appleant, City of Thornton
CWCB
>
Water Supply Protection
>
DayForward
>
3001-4000
>
Reply Brief and Response Brief of Appleant, City of Thornton
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/14/2010 1:11:58 PM
Creation date
6/11/2010 3:29:51 PM
Metadata
Fields
Template:
Water Supply Protection
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
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
23
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
The contrasts between the present case and Denver are striking. First, unlike the <br />language of the resolution in Denver neither the Land Use Plan nor the approving resolution at <br />issue here expressly delegated authority to Fort Collins' staff to carry forward the necessary steps to <br />appropriate water in the Poudre River. Second, in Denver the delegation of the authority to <br />appropriate water took place prior to the date of appropriation awarded. Here, however, Fort Collins <br />did not delegate the authority to its staff to appropriate water rights until two years after the date <br />of appropriation awarded by the trial court. Denver does not support Fort Collins' proposition that <br />the 1988 resolution evidenced the delegation of authority to appropriate water rights in 1986. <br />Thornton does not argue that the Land Use Plan and Resolution 86 -32 must describe <br />"every aspect" of the claimed water rights in order to support a February 18, 1986 date of <br />appropriation. Thornton does maintain, however, that some sort of indication that Fort Collins <br />sought to appropriate or use water is essential if such documents are to serve as an expression of Fort <br />Collins' intent to appropriate water rights, and to provide notice of that intent to others. Twin Lakes <br />supra, 557 P.2d at 828; Denver supra, 696 P.2d at 747. The Land Use Plan and approving resolution <br />do not demonstrate a fixed intent to appropriate water, nor constitute an overt act providing notice <br />to others. The plan and resolution, therefore, do not support the date of appropriation awarded by <br />the water court. <br />2. The other acts relied upon by the water court do not support a date of <br />appropriation of February 18 1986 <br />Fort Collins claims that the reconnaissance field trip taken in February of 1986 is "one <br />of many pieces of evidence which collectively establish the open and public process through which <br />Fort Collins expressed its plan and intent to appropriate." Fort Collins Brief, p. 15. The field crew's <br />activities, however, consisted solely of taking a few photographs. Rec.Vol.HI, p. 221,1. 18 -25; p. 222, <br />
The URL can be used to link to this page
Your browser does not support the video tag.