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Ex. A -2; Rec.Vol.III, p. 32, 1. 21 -25. Language regarding encouragement of "water supply <br />management" and undertaking "control of the water flow" hardly demonstrates a fixed intent, or <br />provides notice of an intent, to appropriate a specific quantity of water for specific beneficial uses <br />at the Nature Center Diversion Dam. Denver supra, 696 P.2d at 747. Furthermore, appropriating <br />"a minimum flow" of the river is not a legally recognized appropriation by an entity other than by the <br />state of Colorado. C.R.S. § 37 -92- 102(3). <br />The Land Use Plan and Resolution 86 -32 lack the specificity required to demonstrate <br />that Fort Collins had formed a fixed intent to appropriate water at the Nature Center Diversion Dam <br />and that Fort Collins performed overt acts sufficient to provide notice to third parties of such an <br />intent. Regardless of how Fort Collins' city staff chose to interpret the plan, or any of the other pre - <br />February 18, 1986 public documents, Fort Collins provided no notice to third parties through these <br />documents that it sought to appropriate the water right at issue here. None of the other acts relied <br />upon by the court, the reconnaissance field trip, the posting of signs or the publishing of notice ten <br />months after the claimed date of appropriation, demonstrate the concurrence, on February 18, 1986, <br />of both the requisite intent on behalf of Fort Collins to appropriate the water rights at issue and <br />overt acts sufficient to place third parties on notice of that intent. The February 18, 1986 date of <br />appropriation awarded by the water court for a water right at the Nature Center Diversion Dam is <br />unsupported by the evidence and, therefore, should be reversed by this Court. Peterson v. Ground <br />Water Commission 195 Colo. 508, 579 P.2d 629, 634 -35 (1978). <br />B. The Water Court Erred In Allowing The 1988 Application To Relate Back To the <br />Filing; Of The 1986 Application. <br />A water court may allow an amendment to a water right application to relate back to <br />the filing date of the original application if the claim asserted in the amendment arises out of the <br />11 <br />