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1.1; p. 224,1. 10 -12. Under Bar 70 Enterprises supra, 703 P.2d at 1308, these activities are insufficient <br />to alert any person in the area of the nature and scope of Fort Collins' alleged intent to divert water <br />at the site, and do not provide sufficient notice to others of an intent to appropriate to satisfy the <br />purposes of the overt act requirement. <br />Fort Collins states that its newspaper publication and sign - posting activities, which <br />occurred ten months after the date of appropriation awarded by the trial court, were "part of the <br />ongoing and continuous course of conduct by Fort Collins which was accepted by the water court as <br />confirming evidence of the City's prior expression of appropriative intent." Fort Collins Brief, p. 16. <br />Fort Collins cites no case law to support its curious proposition that activities occurring after the <br />claimed date of appropriation may somehow be used to confirm that an appropriation had actually <br />occurred on the date claimed. Signs and notices posted or published on December 31, 1986 obviously <br />provided no notice to anyone, on February 18, 1986, of a claimed appropriation. Elk -Rifle Water <br />Company v. Templeton 173 Colo. 438, 448 P.2d 1211, 1215 (1971) ( "What is required is that at some <br />point in time the two requirements - the open physical demonstration and the requisite intent to <br />appropriate - co- exist, with the priority date to be set not earlier than the date on which both <br />elements are present. ") Moreover, the signs and notices gave notice only of Fort Collins' intent to <br />appropriate in- stream rights along an eleven mile reach of the Poudre River, not its intent to divert <br />water at the Nature Center Diversion Dam. It was error for the court to rely upon these signs and <br />notices in awarding Fort Collins a February 18, 1986 date of appropriation for a water right the <br />Nature Center Diversion Dam. <br />4 Paragraph 10 of the court's decree states in relevant part: "In addition to the overt acts which Fort Collins conducted <br />by surveys, studies, and newspaper publications, signs were erected, as shown by Exhibit A-66, on December 31, 1986 giving <br />notice of the water rights claims." See Appendix B, attached hereto; See Supp.Rec. p. 5, 1. 12 -22. <br />9 <br />