Case No. 90SA514 Thornton v. Fort Collins

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830 P.2d 915, City of Thornton By and Through Utilities Bd. v. City of Fort Collins, (Colo. 1992) Page 4 applicant's city council was not relevant act, for Purposes of first step test for appropriation of conditional water right, where nothing in plan indicated that legal appropriation of water was required to implement plan, and thus plan could not have placed interested parties on notice that applicant intended to appropriate water. West's C.R.S.A. § 37- 92- 103(3)(a). 19. WATERS AND WATER COURSES c&- 139 405 - - -- 405VI Appropriation and Prescription 405k139 Time of vesting of rights under appropriation. Colo. 1992. For purposes of first step test for appropriation of conditional water right, field trip taken by applicant's staff members to prospective site of one of two diversionary structures to be constructed by applicant neither manifested intent to appropriate water nor performed any other required function. 20. WATERS AND WATER COURSES <9= 133 405 - - -- 405VI Appropriation and Prescription 405kl33 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. Under Water Right Determination and Administration Act, water can be appropriated either by diverting water or otherwise controlling it, and application for conditional water right may be adjudicated if either diversion of water or control of water is established, assuming that resultant use is beneficial. West's C.R.S.A. § 37- 92- 305(9)(b). 21. WATERS AND WATER COURSES (&=133 405 - - -- 405VI Appropriation and Prescription 405k133 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. In order to effect diversion under Water Right Determination and Administration Act, water must either be removed or controlled. West's C.R.S.A. § 37- 92- 103(7). 22. WATERS AND WATER COURSES «133 405 - - -- 405VI Appropriation and Prescription 405k133 Proceedings to effect and character Colo. 1992. and elements of appropriation in general. Under Water Right Determination and Administration Act, "removal" is accomplished by taking water from its natural course or location, while "control" is exercised over water in its natural course or location. West's C.R.S.A. § 37 -92 -101 et seq. See publication Words and Phrases for other judicial constructions and definitions. 23. WATERS AND WATER COURSES @ =133 405 - - -- 405VI Appropriation and Prescription 405k133 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. Controlling water within its natural course of location by some structure or device for beneficial use may result in valid appropriation under Water Right Determination and Administration Act. West's C.R.S.A. § 37 -92 -101 et seq. 24. WATERS AND WATER COURSES C:-133 405 - - -- 405VI Appropriation and Prescription 405k133 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. Under Water Right Determination and Administration Act, water may be "appropriated" by structure which either removes water away from its natural course or which controls water *915 within its natural course, assuming such action puts water to beneficial use, and even though control of water within its natural course by means of structure may effect result which is similar to minimum flow, appropriation is not automatically invalid under Act; when application of water to beneficial use is effected by structure, resulting appropriation is by "diversion" within meaning of Act. West's C.R.S.A. § 37 -92 -101 et seq. See publication Words and Phrases for other judicial constructions and definitions. 25. WATERS AND WATER COURSES 4 9=133 405 - - -- 405VI Appropriation and Prescription 10 • • Copyright (c) West Group 1999 No claim to original U.S. Govt. works