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<br />COLORADO NATURAL AREAS PROGRAM
<br />DEPARTMENT OF NATURAL RESOURCES
<br />
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<br />
<br />AMENDMENT TO THE
<br />ARTICLES OF DESIGNATION
<br />FOR THE MEXICAN CUT/GALENA MOUNTAIN
<br />SCIENTIFIC NATURAL AREA
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<br />This Article~ of Desig'Qation Amendment was made th'e 8'f0.. day
<br />of Ma...~ , 1981, by and between the State of Colorado for the
<br />use and b'anefie of the Department of Natural- Res'ources, 1313 Shel:'man
<br />Street, Denver, Colorado 80203, hereinafter refer~ed to as the
<br />DEPARTMENT; The Nature Conservancy, a non-profit organization, 1800
<br />North Kent Street, Arlington, Virginia ,2~209f hereinafter the TNC; the
<br />Colorado Water Conservation Board, Department- of Natural Resources,
<br />1313 Sherman Street, Denver, ColoradQ 80203, hereinafter the 'BOARD;
<br />and the'Rocky Mountain BiOlogical Laboratory, Gothic, Colorado 81224,
<br />hereinafter RMBL. '
<br />
<br />WHEREAS, the DEPARTMENT and the TNC entere4 into an agreement da~ed
<br />November 3, 1978, known as the Articles, of Designation for the Mexican
<br />Cut/Galena Mountain Scientific Natural Area, which has provisions in
<br />paragraph 9 for the amendment of the Articles with the approval of the
<br />Natural Areas Council, hereinafter the council~ and
<br />
<br />WHEREAS, said agreement designated certain land owned by TNC and
<br />managed by RMBL as a state natural area; and
<br />
<br />WHEREAS, one of the principal purposes of, and qualifying reasons
<br />for, designation waS that the property contains a unique series of
<br />glacial shelf ponds containing a variety of natural ecosystems fOr
<br />comparative ,biological s~.udies; and
<br />
<br />WHEREAS, the DEPARTMENT is authorized by the Colo(ado Natural A:;eas
<br />Act, C.R.S. 1973, 36-10-101!!~. (Cum. Supp. 1979), to identify and
<br />protect certain natural areas in Colorado which "servE} as examples of
<br />the native condition in studies relating to air, water, and soil
<br />quality and habitat productivity"; and
<br />
<br />WHEREAS, the original Articles of Designation do not include
<br />provisions for protec-t'ion abd management of "late\" Rights for the eleven
<br />,glacial shelf ponds (3-11,16,17). and Galena Lake wihin the designated
<br />natural area; and
<br />
<br />WHEREAS, RMBL filed for an4 received decrees'on November 6, 1972
<br />for ponds 3-4; on March I, 1973 for ponds 5-8, 10 and II; and on
<br />September 21, ~972 for ponds 9, 16, 17 -and Galena Lake; all with
<br />appropriations dating back to July 1, ~932; and
<br />
<br />WHEREAS, aaid decr~es were obtained prior to the passage o~ C.R.S.
<br />1973, 37-92-102(3) and 103(4), which provide" in ef-fect, that ininimuD'l
<br />lake level decrees may only, be obtained by the BOARD;_' an~
<br />
<br />WHEREAS, RMBL has -leased to the BOARD the -Water Rights' evidenced by
<br />said de~rees subject to certain restrictions upon the use of 'the water,
<br />,by a water.- rights ,lease dated Dee_ember 31,' ,19,80, which is attached
<br />hereto and incoq~orated herein by reference as Exhibit OJ and _ ';
<br />
<br />Page 1 of 7 pages
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