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Case No. 90SA514 Reply Brief of Cross-Appellant, City of Fort Collins
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Case No. 90SA514 Reply Brief of Cross-Appellant, City of Fort Collins
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6/14/2010 1:11:42 PM
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Water Supply Protection
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Fort Collins and Thornton 86CW371
State
CO
Basin
South Platte
Water Division
1
Date
7/15/1991
Author
Michael D. Shimmin, Douglas A. Goulding
Title
Case No. 90SA514 Reply Brief of Cross-Appellant, City of Fort Collins
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M <br />REPLY <br />I. SUMMARY OF FORT COLLINS' CLAIM FOR THE POWER PLANT <br />DIVERSION DAM CONDITIONAL WATER RIGHT. <br />The City of Fort Collins' ( "Fort Collins ") Application for Surface Water Rights, Rec. <br />Vol. 1, p. 3, and Fort Collins' Amendments to Application for Surface Water Rights, Rec. <br />Vol. 1, p. 116, state Fort Collins' claim for a conditional water right located at the Fort <br />Collins Power Plant Diversion Dam. Prior to trial, the claim was limited by settlement with <br />several opposing parties, including the Colorado Water Conservation Board, Rec. Vol. 1, <br />p. 84, the State Engineer of Colorado, Rec. Vol. 1, p. 94, and the City of Greeley, Rec. Vol. <br />1, p. 150. A summary of the claim as stated at the time of trial is provided by Fort Collins' <br />proposed decree, attached as Exhibit B to the Stipulation between Fort Collins and the <br />Colorado Water Conservation Board. Rec. Vol. 1, p. 84. <br />In the proposed decree, the claim for conditional water right at the Fort Collins <br />Power Plant Diversion Dam is identified as a claim for 55 c.f.s., conditional, for municipal <br />uses, including recreational, fishery, piscatorial, and wildlife uses, with a priority date of <br />February 18, 1986. The source for the water right is the Cache La Poudre River. The <br />Power Plant Diversion Dam is described as a concrete dam across the Cache La Poudre <br />River which includes a boat chute for recreational use and a fish ladder for piscatorial use. <br />The water court denied Fort Collins' claim for conditional water right at the Power <br />Plant Diversion Dam and the basis for the denial was plainly stated in the findings of fact <br />Thorn \RepBrf.& 1 <br />
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