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the dam. Mr. Smith's testimony, which is in the record, provided the court the basis for its conclusion <br />that boating at the dam was dangerous. <br />Fort Collins produced insufficient evidence to support its claim to a water right at the <br />Power Plant Diversion Dam. The water court correctly declined to confirm a water right for the <br />Power Plant Diversion Dam. The water court's ruling regarding the Power Plant Diversion Dam <br />should not be overturned by this Court. <br />III. CONCLUSION <br />WHEREFORE, Thornton respectfully requests that this Court reverse the trial court's <br />decree awarding Fort Collins a water right at the Nature Center Diversion Dam, with a date of <br />appropriation of February 18, 1986 with a 1986 filing date, and affirm the court's denial of a water <br />and right at the Power Plant Diversion Dam. <br />6 "Q: (By Mr. Bernard) Are you aware if there's any signs posted discouraging boating? A. There may be a sign down <br />there. I was out there during the last couple months, and I believe there -- I saw a sign of some sort there about trespassing <br />or -- I don't recall. Q: You don't recall exactly what it said? A: No. Q: Do you recall if the thrust of it was that boating <br />wasn't safe there? A: It might have been. Q: Thank you. Rec.Vol.III, p. 237, 1. 7 -25; p. 238, 1. 1 -5. <br />17 <br />