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<br />COl.ORADONATURAL AREAS PROGRAM <br />DEPARTMENT OF NATURAl. RESOURCES <br /> <br />eu..'1<./ <br /> <br />AMENDMENT TO THE <br />ARTICLES OF DESIGNATION <br />FOR THE MEXICAN CUT/GALENA MOUNTAIN <br />SCIENTIFIC NATURAL AREA <br /> <br />m. Qq~\J'7r;w~r <br />/;" ".i6i{;: "/ ~2;, I' j <br />r' . ._J.,.L.-...{" , <br />1,~F r.,-/--. ~ '" r j ': <br />.':t uC'Jl/jJ:j8) "'I <br />\'-"---'- ..J:: <br />DH'Ai:li:.i:.'11 ut ':i:IJ;;:/;l- Il~,)l.-l\lUl._<J <br /> <br />This Article~ of DesigQ.ation 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'anefit 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 />Ncrth Kent Street, Arlington, Virginia ,2~209f hereinafter the TNC; the <br />Colcradc Water Conservation Board, Department' of Natural Resources, <br />1313 Sherman Street, Denver, ColoradQ 80203, hereinafter the 'BOARD; <br />and the'Rccky Mountain BiOlogical Laboratory, Gothic, Colcrado 81224, <br />hereinafter RMBL. . <br /> <br />WHEREAS, the DEPARTMENT and the TNC entere4 into an agreement da~ed <br />Ncvember 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 />fcr, designation was that the property contains a unique series of <br />glacial shelf ponds containing a variety cf natural ecosystems for <br />comparative ,b.iolcgical 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 Cclorado which "servE} as eX8mples of <br />the native ccndition 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,ticn 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 1. 1973 for pcnds 5-8, 10 and 11; 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 i:ninimuD'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 !)ec,ember 31," .19,80, which is attached <br />hereto and incoq~orated herein by reference as Exhibit OJ and _ '; <br /> <br />Page I of 7 pages <br /> <br />'PNR - TNC!. - CWr213' <br />~Wt .b Nriliw14wt- <br /> <br />CWIJ6 - RNl6L <br />MDA {w LUoD< ~!(-Ji;.I.i.~ <br /> <br />" <br /> <br />"i <br /> <br />J <br />