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

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31. One of the elements is whether or not a "first ste - c" toward initiation of the appropriation has occurred. In determining the conditional water rights claimed by Fort Collins. in this application, the water court has applied the first step test set forth in City of Thornton v. City of Fort Collins sutra 32. The applicant for a conditional water right must also prove that there is unappropriated water available for the appropriation, C.R.S. § 37- 92- 305(9)(b), Southeastern Colorado Water Conservancy District v. Ci tKr of Fiorence 688 P.2d 715 (Colo. 1984); Lionelle v. Southeastern Colorado Water Conservancy District 676 P.2d 1162 (Colo. 1984), make a showing that the amount claimed is reasonable to accomplish the appropriation, C.R.S. § 37-92-103(4), that the appropriation can and will be completed with diligence, C.R.S. § 37- 92- 305.(9)(b) and that since - the first step the applicant has continued to proceed with diligence, Four Counties Water Users Association v. Colorado River Water Conservation District 159 Colo. 499, 414 P.2d 469 (1966); Colorado River Water Conservation District v. City and Countv of Deriver 642 P. 2d 510 (Colo . 1982) . 33. Fort Collins has met the legal test for initiating the Nature Center Dam conditional water right on December 31, 1986. 34. Fort Collins has met the legal test for initiating the Power Plant Dam conditional water right on December 31, 1986. 35. Fort Collins has satisfied the legal requirement that the amount of water claimed is a reasonable amount for the intended purposes of the appropriations. See C.R.S § 37 -92- 103 (4) . 36. Fort Collins has satisfied the legal requirement that there is unappropriated water available for the appropriations. See C.R.S. § 37-k-305(9) (b) . 37. Fort Collins has satisfied the legal requirement that the appropriations can and will be completed with diligence. 38. Fort Collins has satisfied the legal requirement that the applicant has proceeded with diligence since first step taken toward each appropriation_. 39. In order to find that the Application is allowed by law, .the Court must decide whether each appropriation is authorized by statute and is not a minimum stream flow. The Colorado Water Conservation Board has the exclusive authority to adjudicate a minimum stream flow appropriation. C.R.S. § 37 -92- 102(3). The City of Fort Collins cannot appropriate a minimum stream flow. Id; see also Senate Bill 212, 1987 Colo. Sess. Laws 1305 to -06 codified at C.R.S. § 37-92-102(3) . Senate Bill 212 1\➢\rr=L\N""1L\➢Z==. P1N 9