BOARD01483

• Board Meeting Date: 7/24/2000
• Description: ISF Section - Recreational Instream Flows - Policy Discussion
• Board Meetings - Doc Type: Memo

830 P.2d 915. City of Thornton By and Through Utilities Bd. v. City of Fort Collins, (Colo. 1992)

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405k133 Proceedings to effect and character
and elements of appropriation in
general.

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. 9 37-92-101 et seq.

26.WATERS AND WATER COURSES <!;::;>I33
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. 9 37-92-101
et seq.

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27,WATERS AND WATER COURSES <!;::;>142
405
405Vl 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 <!;::;>133
405
405V1 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.

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Page 5

29.WATERS AND WATER COURSES <!;::;>133
405
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. 9 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
Vranesh and Raisch, Boulder,
appellee/cross-appellant,

A, Goulding.
for applicant-

Jeffrey J. Kahn, Grant, Bernard, Lyons & Gaddis,
Longmont, for objector-appellee Saint Vrain and
Left Hand Water Conservancy Dis!.

Gregory J. Hobbs, Jr.. Bennett W. Raley, Julianne
M, Cruise, Davis. Graham & Stubbs, Denver, for
objector-appellee Northern Colo. Water
Conservancy Dis!.

Linda L. Preslan, Ass!. 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 Ass'n.

Justice MULLARKEY delivered the Opinion of
the Court.

The City of Thornton (Thornton) appeals from a
judgment of the water court for Water Division I
(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

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