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Poudre River in sufficient quantities for the decreed purposes." Fort Collins' Combined Answer Brief <br />and Opening Brief on Cross - Appeal ( "Fort Collins Brief'), p. 4. <br />To serve as an expression of Fort Collins' intent to appropriate a water right for the <br />Nature Center Diversion Dam, the Land Use Plan must illustrate that the city had a fixed plan and <br />intent to divert 55 c.fs. at the dam for the claimed beneficial uses. C.R.S. § 37- 92- 103(3)(a)(II); <br />Denver supra, 696 P.2d at 745. The Land Use Plan signifies no such intent. The Land Use Plan <br />merely sets forth Fort Collins' desire to "preserve and enhance the natural environment to the extent <br />practical along the Poudre River" within the Downtown River Corridor. Ex. A -7, p. 8. It discusses <br />such things as the construction of an outdoor amphitheater, landscaping, creation of a Natural <br />Resources Information Center, transportation systems and enhancing fish and wildlife habitats. Ex. <br />A -7, pp. 8 and 10. The plan makes no reference whatsoever to a need to appropriate water to <br />enhance fish and wildlife habitats, to the Nature Center Diversion Dam or to the Power Plant <br />Diversion Dam. The most that can be said about the Land Use Plan is that it evidences Fort Collins' <br />intent to enhance the natural environment and aesthetics of the Downtown River Corridor. It <br />certainly does not manifest any intent to appropriate, divert or use water at the Nature Center <br />Diversion Dam -- located three miles downstream from the lower end of the Downtown River <br />Corridor. <br />Although Fort Collins claims that the Land Use Plan "created a plan for development <br />of the Poudre River Corridor, including water development for municipal recreation purposes" (Fort <br />Collins Brief, p. 11), nowhere in the plan, including the section where one would expect to find an <br />indication of such a water development plan, Policy Plan Summary -- Recreation, is there any <br />discussion concerning water development, let alone the need to appropriate water for recreational <br />purposes. Ex. A -7, p. 9. Moreover, Resolution 86 -32, by which the Fort Collins City Council <br />4 <br />