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<br />
<br />WHEREAS, the BOARD has filed application for m~n~mum lake level
<br />decrees for the eleven ponds and Galena Lake within the designat~d
<br />,n~tura1 area pursuant to C.R.S. 1973, 37-92-102(3) and 103(4) upon
<br />re~ommendations subm~tted to the BOARD by the Colorado Division of
<br />Wildlife; and
<br />
<br />WHEREAS, both the wate; rights lease between RMBu and the BOARD,
<br />and the BOARB's applications for th~ said minimum lake. level decrees
<br />limit the use of the water to tlpiscatorial,. non-manipulative
<br />biological research and teaching,' wiidlife procreation and natural'
<br />heritage preservation, not to include the introduction of
<br />non-,indigenous species."
<br />
<br />NOW THEREFORE, it. is hereby agreed that the Articles of Designation
<br />.between the DEPARTMEl'('r and the TNC dated November 3,. 1978, shall be
<br />superceded by the following amendment which includes RMBL's Water
<br />Rights. for the eleven glacial shelf ponds and Galena Lake. situated
<br />within the Mexican Cut/Galena Mountain Scientific Natural Area.
<br />The amended Articles of Design~tion shall reaq as follows:
<br />
<br />These ARTICLES OF DESIGNATION, made this 3rd day of November, 1978,
<br />by and b~tween the State of Colorado for the use and benefit of the '.
<br />Department of Natural Resources, 1313 Sherman St~eet,. Denver, CO 80'203,
<br />h"erei.nafter the DEPARTMENT; The Nature Conservancy, a non-profit
<br />corporation.. 1800 North Kent Street, Arlington, Virginia 2220'9
<br />hereinafter the TNC; the Rocky Mountain Biological Labcrratory, Gothic,.
<br />.Colorado 81224, hereinafter RMBL; and the Colorado Water Cons,ervation
<br />f.'oard, Depart.met'lt of Natural Resources,. 1313 Sherman Street, Denver
<br />Colorado 80~03, hereinafte+ the BO~RO;
<br />
<br />WHEREAS, TNC owns c~r~ain patented m1n1ng claims (which include the'
<br />accompanying surface +ights) totalling 420 acres and situate in the
<br />county of Gu~.son, State of Colorado, hereinafter the Property; and
<br />
<br />WHEREAS, TNC de~ires that the natural character of the Property be
<br />preserved and protected; and
<br />
<br />WHEREAS, the DEPARTMENT is authori&ed by the Colorado Natural
<br />Arean Act as set forth at C..R.S. 1,973, 36-10-101, !!~. (Cum. 'Su.pp.
<br />1979), hereinafter the A~t, to administer a Colorado Natural Areas
<br />ProgJ~am, here.Lnafter the Program; and
<br />
<br />WHEREAS, the Act establishes a Natural Areas Cpuncil, hereinafter
<br />the Co~ncil, which advises the Uepartment on the administration of the
<br />Program, and which approves the designation of Natural Areas by the
<br />Depa'rt1'l1ent; and ..
<br />
<br />. i~HEREAS, the DEPARTMENT has dete~ined. pursuant to its criteria.
<br />that.. t;he Property is a natural area which would be desirable, ~o include
<br />within the. Colorado Natu~al Areas 'System.as a designated Natu~al ~rea;
<br />an.d
<br />
<br />WHEREAS" as a result of' the attributes .of the Property, . the
<br />Property provides one or more of the benefits described in C.R.S. 1973,
<br />36-10-104(1); and
<br />
<br />WHEREAS, TNC has leased the Property to RMBL by lease dated
<br />July 1, 1967, a cppy of which has been furnished to the DEPARTMENT; and
<br />
<br />Page 2 of 7 pages
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