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Reply Brief and Response Brief of Appleant, City of Thornton
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Reply Brief and Response Brief of Appleant, City of Thornton
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Last modified
6/14/2010 1:11:58 PM
Creation date
6/11/2010 3:29:51 PM
Metadata
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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
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claims to "in- stream flows" and "in- stream rights" in its 1986 Application that Fort Collins was claiming <br />the right to divert water at the Nature Center Diversion Dam. <br />A. The February 18 1986 Date Of A RRIMRriation Awarded B The Water Court For <br />The Nature Center Diversion Dam Is Com letel Unsu orted B The Evidence. <br />The water court based the February 18, 1986 date of appropriation for Fort Collins' <br />Nature Center Diversion Dam upon "the adoption of the Poudre River Corridor Plan and the other <br />acts described," holding that these acts "were sufficient to constitute an intent to appropriate and <br />overt acts as of February 18, 1986." Findings of Fact, Conclusions of Law, Judgment and Decree <br />( "Decree "), ¶11, attached hereto as Appendix B. The other acts described by the water court as <br />sufficient to constitute a fixed intent to appropriate and overt acts demonstrating that intent, as of <br />February 18, 1986, were a field trip to take a few photographs at the site of the Nature Center <br />Diversion Dam, the publication of notice on December 31, 1986 stating Fort Collins' claim to in- <br />stream rights, and the posting of signs by Fort Collins along the Poudre River on December 31, 1986 <br />stating its intent to appropriate in- stream rights. Decree, IN 9 and 10; Appendix B. Neither the <br />Land Use Plan nor the other described acts support the concurrence, on February 18, 1986, of both: <br />(1) an intent on the part of Fort Collins to take and beneficially use the water which is the subject <br />of this application; and (2) a demonstration of this intent by overt physical acts sufficient to put third <br />parties on notice of the proposed appropriation. There was, therefore, no evidence to support the <br />trial court's award of a February 18, 1986 date of appropriation for the Nature Center Diversion <br />Dam. <br />2 The Poudre River Trust Land Use Policy Plan or "Land Use Plan" dated and adopted by the Fort Collins City Council <br />on February 18, 1986. <br />2 <br />
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