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Application actually narrows the original Application, rather <br />than expanding the original Application. The proposed points of <br />diversion are, in the Amended Application, specified by certain <br />points on the Cache La Poudre River rather than described as a <br />stretch of the Cache La Poudre River from the Overland Trail to <br />Interstate 25. The 1988 Application generally narrowed the 19"86 <br />Application and, to some extent, refined it. The Amended <br />Application did not expand the original Application. <br />10. The City of Fort Collins has the authority to <br />appropriate water rights for municipal purposes, including <br />recreational, piscatorial, fishery, and wildlife uses. The City <br />of Fort Collins' authority to appropriate water rights was <br />delegated to the municipal officials who filed the 1986 <br />Application and the 1988 Amende^ Application. See, Exhibit A -23. <br />11. In accordance with the "first step" test for - <br />determining the appropriation date for a conditional water right, <br />the intent prong and all three required functions of the overt <br />act prong were met by a relevant act or acts on December 31, 1986 <br />for the Nature Center Dam conditional appropriation. The filing <br />of the water rights application by Fort Collins on December 31, <br />1986 manifested its intent an_d.provided notice to interested <br />parties of the nature and extent of the proposed demand upon the <br />water supply. Also on December 31, 1986, by filing �.ts <br />application in this case, by posting signs along the Poudre <br />River, by doing 'a survey, and by publishing newspaper notice in <br />the For= Collins Coloradcar_ Fort Collins took a substantial step <br />toward the application of water to beneficial use. <br />12. In accordance with the first step test for determining <br />the appropriation date of a conditional water right, the intent <br />prong and all three required functions of the overt act prong <br />were met by a relevant act or acts by December 31, 1986 for the <br />Power Plant Dam conditional appropriation. Those acts included <br />the public meeting of the Fort Collins City Council on November <br />25," 1986, field data collection, surrey work, and geotachnical <br />field investigations performed by For- Collins engineering <br />consultants at the site of the Power Plant Dam in July and August <br />of 1986; City staff evaluation and decision - making documented in <br />a memorandum authored by the City sta =f and presented to the Fort <br />Collins City Council at its November 25, 1986 meeting, by Council <br />Resolution at the November 25, 1986 meeting authorizing design <br />and construction_ of a boat chute as part of Power Plant Dam <br />construction work, and filing of the application on December 31, <br />1986. <br />4 <br />1\D XA\DECR=.?IN <br />