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 5 405k133 Proceedings to effect and character and elements of appropriation in general. 29.WATERS AND WATER COURSES 2` 133 405 - - -- • Colo. 1992. Appropriation of water effected by applicant's dam was "diversion" within meaning of Water Right Determination and Administration Act where dam removed water away from channel cut by rains and flooding and back into its "historic" channel, for recreational, piscatorial, and wildlife uses. West's C.R.S.A. § 37 -92 -101 et seq. 26. WATERS AND WATER COURSES G= 133 405 - - -- 405VI Appropriation and Prescription 405k133 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. Relabeling what is otherwise a minimum stream flow without control by some structure or device as a diversion does not transform former into latter for purposes of Water Right Determination and Administration Act. West's C.R.S.A. § 37 -92 -101 et seq. 27. WATERS AND WATER COURSES (8=;'142 405 - - -- 405VI Appropriation and Prescription 405k141 Nature and Extent of Rights Acquired 405k142 In general. Colo. 1992. Appropriator of conditional water right could validly exercise dominion over river water once it passed appropriator's dam and continued within that segment of river in which water was put to beneficial use; fact that another entity owned and operated land along river where beneficial uses were to take place did not in and of itself mean that beneficial uses could not or would not take place. 28. WATERS AND WATER COURSES G� 133 405 - - -- 405VI Appropriation and Prescription 405k133 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. Disclaimer of control of water after it passes appropriator's diversionary structure is not required in order to find that appropriation is valid diversion and /or to insure that appropriation is not minimum stream of flow. 405VI Appropriation and Prescription 405k133 Proceedings to effect and character and elements of appropriation in general. Colo. 1992. Dam reconstructed and renovated by conditional water right applicant effected diversion within meaning of Water Right Determination and Administration Act where boat chute and fish ladder included in reconstruction functioned to control - water and put it to recreational and wildlife uses, even though chute and ladder controlled and directed river water only at unspecified low flows. West's C.R.S.A. § 37 -92 -101 et seq. *919 Michael D. White, Bruce D. Bernard, Teri L. Petitt, White & Jankowski, Denver, for objector - appellant /cross - appellee. Michael D. Shimmin, Douglas A. Goulding, Vranesh and Raisch, Boulder, for applicant - appellee /cross - appellant. Jeffrey J. Kahn, Grant, Bernard, Lyons & Gaddis, Longmont, for objector - appellee Saint Vrain and Left Hand Water Conservancy Dist. Gregory J. Hobbs, Jr., Bennett W. Raley, Julianne M. Cruise, Davis, Graham & Stubbs, Denver, for objector - appellee Northern Colo. Water Conservancy Dist. Linda L. Preslan, Asst. Atty. Gen., Denver, for objectors - appellees Colo. Water Conservation Bd., State Engineer and Div. Engineer. William H. Brown, Fischer, Brown, Huddleson & Gunn, P.C., Fort Collins, for objector - appellee Cache La Poudre Water Users Assn. Justice MULLARKEY delivered the Opinion of the Court. The City of Thornton (Thornton) appeals from a judgment of the water court for Water Division 1 (water court) awarding the City of Fort Collins (Fort Collins) a conditional surface water right with a certain appropriation date. Fort Collins cross - appeals from the judgment of the water court denying Fort Collins another conditional surface Copyright (c) West Group 1999 No claim to original U.S. Govt. works