Laserfiche WebLink
666, (attached as "Exhibit A "). Thus, water has been either diverted or impounded for later <br />diversion, and storage has encompassed recreational or piscatorial uses, where those uses were <br />incidental to other beneficial use requiring diversion <br />Finally, in Fort Collins this Court provided analysis and guidance as to the definition of <br />"diversion" and "capture, possession and control." This Court acknowledged the water court's <br />finding that diverting water from one channel into another channel (the Nature Dam) is a clear <br />diversion because, but for the dam, the river would have run in a different course. 830 P.2d 929. <br />Next, this Court recognized that "[a] dam certainly qualifies as a structure or device" under <br />section 37 -92- 103(7), even though it is not specifically listed as a means of diversion. 830 P.2d <br />at 930. <br />Rocks placed on the bed of a stream are not similar in any way to the Fort Collins dam, <br />which was a legally recognized means of diversion and control. Neither this Court nor the <br />Legislature has ever recognized the use of rocks as a means of diversion, capture, possession or <br />control. The diversion requirement prevents greed and speculation by requiring an appropriator <br />to make a meaningful investment in the diversion before claiming a right to use water. The <br />3 See e.g., Cache La Poudre Res. Co. v. Water Supply & Storage Co. 62 P. 420, 421 (Colo. <br />1900); Windsor Res. & Canal Co. v. Hoffman Mill Co 109 P. 422 (Colo. 1910); Seven Lakes <br />Res. Co. v. Majors 196 P. 334 (Colo. 1921); North Sterling Irr. Dist. v. Riverside Reservoir & <br />Land Co., 200 P.2d 933, 935 (Colo. 1948); Metro. Water Ass'n v. Colo. River Water Cons. Dist. <br />365 P.2d 273 (Colo. 1961); Bunger v. Uncompahgre 557 P.2d 389 (Colo. 1976) (all storage <br />cases involving diversion). <br />4 I Bd. of County Com'rs v. Crystal Creek, 14 P.3d 325, 339 -340 (Colo. 2000), the court allowed <br />a claim for recreational use noting the importance of it being only one of the purposes of the <br />reservoirs. See also A_ pplication for Water Rights, 929 P.2d 718 (Colo. 1996) (recreation and <br />piscatorial incidental uses); Bijou Irr. Dist. v. Empire Club, 804 P.2d 175 (Colo. <br />1991)(recreational and piscatorial uses incidental, but denied nonetheless). <br />9 <br />