Findings of Fact, Conclusions of Law, Judgement and Decree; Case No. 86CW371

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did not change the law in..any way and did not add any new law, but merely clarified the etisting law. Therefore, the issue of retrospective application of Senate Bi11 212 has no relationship to the case. 40. The key issue in determining whether this Application is authorized by statute and is separate or distinct from a minimum stream flow application is whether each claimed structure constitutes a "diversion" pursuant to C.R.S. § 37- 92- 103(7) . 41. The Court is not bound by any actions of or recommendations by the Colorado Water Conservation Board on the issue of whether an appropriation is a minimum stream flow. Under the scheme of water law in the State of Colorado, the Colorado Water Conservation Board is not responsible for making such findings or conclusions, the Water Court has that responsibility. 42. The Court has found that the Power Plant Dam does constitute a diversion contemplated by statute. City of Thornton v. City of Fort Collins supra C.R.S. § 37 -92- 103(7) . Therefore, the appropriation located at the structure is not a minimum stream flow appropriation. Id. The Application for the Power Plant Diversion Dam conditional water right is allowed by law. 43. The Court has found that the constitute a diversion contemplated by v. City of Fort Collins supra C.R.S. appropriation located at the structure flow appropriation. Id. The Appiicat Dam conditional water right is allowed Nature Center Dam does statute. City of Thornton § 37 -92 -103 (7) . The is not a minimum stream Lon for the Nature Center by 1 aw. . 44. Fort Collins has met the legal test for initiating the conditional water rights for the Nature Center Diversion Dam and the Power Plant Diversion Dam. See City of Thornton v. City of Fort Collins supra City and County of Denver v. Colorado River Water Conservation District 696 P.2d 730 (Colo., 1095), and numerous cases cited therein. Fort Collins has also satisfied all of the statutory requirements for initiating and establishing these conditional water rights and for the award of a decree for these conditional water rights, ..specifically including the requirements set forth in C.R.S. § 37 -92 -305. JUDGMENT A1�tD DECREE 45. Each of the Findings of Fact and Conclusions of Law set forth above are incorporated by reference and are to be considered a part of the decretal portion hereof as though set forth in full. 1\D \FPGL \HENNA \DECAPE.i IN 1 0