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

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9. One issue before the Court is whether Amended Application should relate back to the i. filed in this case. In determining this issue, Application (the Application filed December 31, 1988 Application (the Amended Application filed were compared. or not the zitial Application the 1986 1986) and the June 1, 1988) a. The applicant in the 1986 Application and the 1988 Application_ is the same, the City of Fort Collins. b. The structure listed in the 1986 Application was the Poudre River Recreation Corridor. The structures listed in the 1988 Application were the Power Plant Diversion Dam and the Nature Center Diversion Dam. C. The legal description of the Poudre River Recreation Corridor in the 1986 Application included the stretch of the Cache La Poudre River from the Overland. Trail to Interstate 25. The legal description of the structures in the 1988 Application included two discrete points and the described points are contained within the stretch of the Cache La Poudre River from the Overland Trail to Interstate 25. d. The source of water in the 1986 Application and the 1988 Application is the same, the Cache La Poudre River. e. The amount of water in the 1986 Application and the 1988 Application is the same amount, 55 cfs. f. The proposed uses in the 1986 Application and the 1988 Application are the same, being municipal, recreational, piscatorial, fishery, and wildlife: g. The 1986 Application stated that there would be no diversions. The 1988 Application stated that there would be diversions. h. Between the date of the 1986 Application and the date of the 1988 Application, there was no change in the plans for the two structures listed in the 1988 Appl ication. The Amended Application relates back to the 1986 Application. The Applications relate to each other sufficiently to permit relation back to the original filing date. The Amended iw�rr�x�nz�.Pa� 3