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

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18. . The Court applied the defir_'_tion stated at C.R.S. § 37- 92- 103(7) to analyze whether or not the appropriation at the Fort Collins Nature Center Dam constitutes a "diversion." Fort Collins has constructed the Nature Center Dam. It is a dam across the Poudre River which diverts water from the current river channel (carved during the 1983 and 1984 run -offs) back into the historic river channel adjacent to the dam. The Nature Center which has been constructed as part of the recreation corridor is located along the historic river channel at this location, and water in the historic channel is essential to its continued use. The Nature Center Dam does constitute a diversion as contemplated by statute; but for the dam, the river would run in a different course. The Nature Center Dam actually alters the course of the river and returns it to its old channel for approximately one -half mile. Under C.R.S. § 37 -92- 103(7), the Nature Center Dam either controls water in its natural course or location by directing water into the Poudre's historic channel (if the historic channel is considered" the Poudre's natural course or location) or removes water from its natural course or location (if the channel cut in 1983 and 1984 is considered the Poudre's natural course or location) . 19. In accordance with the "car_ and will" test for conditional water rights, Fort Collins can and will divert or otherwise capture, possess, and control its natural course or location the waters subject to the Nature Center Dam appropriation, and such water will be beneficially used and the project can and will be completed with diligence and within a reasonable time. If the Nature Center Dam appropriation is completed and made absolute and the claimed water is placed to a beneficial use, the water will be cor_trolled in its natural course, or removed from its natural course, and placed to a beneficial use in a defined segment of the river channel. The upstream terminus of the segment of river channel is located at the Nature Center Dam. The downstreai terminus of the segment of river channel is located at a point where a road bridge crosses the Poudre River approximately at the center-of Section 28, T 7 N, R 68 W, 6th. P.M. This control segment is approximately 3/4 of a mile long and is located in the SW 1/4,. Section 21, and the NW 1/4, Section 28, T 7 N, R 68 W, 6th P.M., and is depicted on the map attached as Exhibit A. The segment is located primarily on land owned by Colorado State University which it operates as the CSU Environmental Learning Center a /k /a the CSU Nature Center. 20. Agreements between Fort Collins and CSU are sufficient to allow Fort Collins to control and put to the stated beneficial uses the water claimed under the Nature Center Dam appropriation when it is within the defined river segment. 21. In accordance with the "ca: and will" test for conditional water rights, Fort Collins can and will divert or 1 \D \P^C'7L \NEANR\DECRPE .2I:7 6