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

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TABLE OF CONTENTS p_ age
I. THORNTON'S REPLY BRIEF
A. The February 18, 1986 Date Of Appropriation
Awarded By The Water Court For The Nature Center
Diversion Dam Is Completely Unsupported By The
Evidence. ............... ............................... 2
1. The Land Use Plan and approving resolution
do not support a February 18, 1986 date of
appropriation ........ ............................... 3
2. The other acts relied upon by the water court
do not support a date of appropriation of
February 18, 1986 .... ............................... 8
B. The Water Court Erred In Allowing The 1988
Application To Relate Back To The Filing Of The
1986 Application . ......... ............................... 11
C. The Water Court Erred In Confirming A Water
Right For The Nature Center Diversion Dam Since Fort
Collins Failed To Demonstrate That The Water
Can And Will Be Beneficially Used. ......... .... . . . . . . . . . .. 13
II. THORNTON'S RESPONSE TO FORT COLLINS' BRIEF
ON CROSS - APPEAL.
A. The Water Court Concluded That The Power Plant
Diversion Dam Fails To Control Water Sufficiently
To Constitute An Appropriation Of Water Under C.R.S.
§§ 37 -92- 103(7) and 305(9)(b) . .............................. 14
III. CONCLUSION ................ ............................... 17
IV. APPENDICES
A. Reproduction of Statutes
u s
B. Findings of Fact, Conclusions of Law, Judgment and Decree, Case No. 86CW371,
Water Division 1, entered by Judge Connie L. Peterson on November 8, 1990
( "Decree ")