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0 0 <br /> was "for municipal purposes, including recreational, piscatorial, <br /> fishery, wildlife, and other beneficial uses. " Id. at 920-21 . <br /> In order to be able to use the claimed water right within the <br /> Corridor, Fort Collins designated two diversion structures, the <br /> Nature Center Diversion Dam and the Power Plant Diversion Dam as <br /> controlling structures necessary "to divert, as defined by stat- <br /> ute within the river ' s natural atu al course or location, or otherwise <br /> capture, possess and control water for the described beneficial <br /> uses. " Id. at 921. In response to Fort Collins ' claimed appro- <br /> priation, Thornton argued that it was but a "thinly disguised <br /> minimum stream flow. " Id. <br /> In weighing Thornton' s contention, " the Supreme Court care- <br /> fully reviewed the relevant statutes governing the awarding of <br /> conditional water rights. Id. at 929. After interpreting the <br /> statutory language contained in SS 37-92-305(9) (b) **l and <br /> 37-92-103(7) ,**2 the Court concluded that " [c]ontrolling water <br /> 1** 37-92-305(9) (b) No claim for a conditional water right may <br /> be recognized or a decree therefor granted except to the extent <br /> that it is established that the waters can be and will be di- <br /> verted, stored, or otherwise captured, possessed, and controlled <br /> and will be beneficially used and that the project can and will <br /> be completed with diligence and within a reasonable time. <br /> 2** 37-92-103(7) "Diversion" or "divert" means removing water <br /> from its natural course or location, or controlling water in its <br /> natural course or location, by means of a ditch, canal, flume, <br /> reservoir, bypass, pipeline, conduit, well, pump, or other struc- <br /> ture or device. <br /> -3- <br />