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<br /> <br />WHEREAS, the DEPARTMENT is authorized:by the Act to identify Bnd <br />protect 'certain. natural areas which "s~I've as examples of the native <br />condition in studies relating to. air, water, and soil quality and <br />habitat product~vityll; and . <br /> <br />t4HEREAS., RMBL filed for and receive'd decrees on November 6. 1972 <br />for po.nds 3':"4; on March- 1, 1973 for ponds 5-8, ,10 a~d 11; a-nd on <br />Sep'tember 21, 19-72 for ponds 9, 16" 17 and Galena Lakej all "lith <br />appropriations .dating back to July 1, 1932; and <br /> <br />WHEREAS, the, BOARD has leased from RMBL certain Hater Rights in eleven <br />glacial shelf ponds and Galena Lake within the Property; which lease <br />restricts use of the water to'llpiscatorial, non";manipulative. biological <br />research and teaching, wildlif~ procreation and natural heritage <br />preservation, not to include the introduction of non-indigenous <br />species"; and <br /> <br />WHEREAS, the BOARD and RMBL desire to preserve and to protect the. <br />natural character of said ponds and Galena Lak~; and <br /> <br />WHEREAS, the DEPARTMENT has determined,_ pursuant to its 'criteria, <br />with the app~ova1 of the Council, that RMBL1s Water Rights for said <br />ponds and G.a1ena Lake (hereinafter referred to- as Water Rights) qualify <br />. 'for inclusion-in ,the Colorado Natur~l Areas System as part o~ the desig- <br />nated -natural area; and <br />WHEREAS, as a result of the attrihutes of Galena Lake and said <br />ppnds, the ponds and Lake provide one or more of the benefits described <br />in C.R.S. 1973. 36-10-104(1); <br /> <br />NOW rHEREFORE. it is hereby agreed that: <br /> <br />1. Designation of Property as a Natural Area. Upon filing of these <br />Articles of Designation with, and the acceptance, of sam_e by, the <br />DEPARTMENT, with the advice and approval of the Council, the Property <br />described in Exhibit A. and th~ Water Rights described in Exhibits D and <br />E ,. said exhibits being attached her(lto and inc6rporated herein by <br />reference, shall become a designated scientific natural area and <br />thereby shall become part of the Colorado Natural Areas Syst~m. Said . : <br />designated natural area shall be known as the Mexican Cut/Galena <br />Mountain Scientific Natural Area. <br /> <br />2. Purpose, of Oesignation. The DEPARTMENT has det~rmined, upon <br />recommendation by the Council, that' the Property and Water Rights <br />qualify as a natural. area to be included in the Colorado Natural Areas <br />System due to the fol1Qwing: <br /> <br />a) The Property contains ,a unique series of glacial. shelf ponds <br />~ontaining a variety of natural. ecosystems for comparative <br />biological studi~s j, _and <br /> <br />b). The Property contai~s representative samples of spruce-fi~ and <br />alpine plant communities; and <br /> <br />c) The.1?r'operty'and Ponds 4nd Lake contain additional scientific <br />attributes as decribed in Exhibit B, attached ~er~to and <br />incorporated herein by ref~rence; and <br /> <br />d) The P~operty and Ponds and_ Lake are be'ing managed -by RMBL <br />pursuant' to its lease with TNC as a research preserve. to <br />continue efforts to minimize the effects of research and <br />ed..uc:aeional act'ivities, tQ maintain the area as isolated as <br />possible from external infltiences, and to. foster._basic <br />research of the highest qu~lity~ <br /> <br />l'age'3 of 7 pages <br />