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

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it is but the first step in a phased program to implement recreational boating uses in the Poudre River in Fort Collins. Cemvletion of additional phases will facilitate boating in a river segment including the Power Plant Dam and use of the Power Plant Dam boat chute, and allow relaxation of the current boating controls. 25. The uses for which Fort Collins has shown an intent to appropriate water are municipal uses, which are recreational, piscatorial, fishery, and wildlife, and no other uses have been show.-:. These are beneficial uses of water. CONCLUSIONS OF LAW 26. This Court has subject matter jurisdiction to adjudicate the water rights claimed in the Application under C.R.S. § 37 -92- 203(1). 27. Venue in Division l is proper inasmuch as the water rights claimed in the Application are located in the drainage basin of the South Platte River. See C.R.S. § 37- 92- 201(1)(a). 28, This Application was filed with the Water Clerk, Water Division No. 1, pursuant to C.R.S. § 37 -92- 302(1), and Amendments to the Application were filed pursuant to § 37 -92 -302 (1) . Statements of Opposition. were filed by the parties listed above. As soecif -ed in C.R.S. § 37 -92 -302 (1) (c) , the time for filing additional Statements of Opposition has e.ired and no other party has appeared. 29. The Amended Application, filed June 1, 1988, relates back to the date of filing of the initial Application, December 31, 1986. City of Thornton_ v. Citv of Fort Collins, surra Water rights awarded herein shall be administered as awarded on an appli cation filed in calendar year 1986. The relative priority of a water right is governed by C.R.S. § 37 -92 -306, which.provides that the priority date _awarded determines priority relative to all water rights or conditional water rights awarded on Applications filed in the same calendar year, but shall be jur-ior right awarded on Applications filed in previous calendar years and senior to all rights awarded on applications filed in subsequent calendar years. 30. The Application_ states a claim for conditional water rights. A conditional water right is defined by C.R.S. § 37 -92- 103(6) as a right to perfect a water right with a certain priority upon the completion with reasonable diligence of the appropriation upon which such water right is to be based. In furtherance of this definition, as found in other statutory sections and case law, other elements must 'be shown. i \n \r = LU+�an\nECazz.ztt+ 8