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<br /> <br />WHEREAS, the BOARD has filed application for m~n~mum lake level <br />decrees fcr the eleven pcnds 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 Colcradc Divisicn 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 tlpiscatcrial,. non-manipulative <br />biological research and teaching,' wiidlife procreation and natural' <br />heritage preservation, nct to include the introduction of <br />non-,indigencus species." <br /> <br />NOW THEREFORE, it. is hereby agreed that the Articles cf Designaticn <br />'between the DEPARTMEl'('r and the TNC dated November 3" 1978, shall be <br />superceded by the follcwing amendment which includes RMBL's Water <br />Rights, for the eleven glacial shelf ponds and Calena Lake' situated <br />within the Mexican Cut/Galena Mountain Scientific Natural Area. <br />The amended Articles of Design~tion shall read as fcllcws: <br /> <br />These ARTICLES OF DESIGNATION, made this 3rd day of November, 1978, <br />by and b~tween the State of Colcrado 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 Ccnservancy, a non-profit <br />cot'pcrati-on., 1800 North Kent Street, Arlington, Virginia 2220'9 <br />hereinafter the TNC; the Rocky Mcuritain Biolcgica1 Labcrratory, Gothic,. <br />.Co1orado 81224, hereinafter RMBL; and the Co1crado Water Ccns,ervaticn <br />B'oard, Depart,mertt of Natural Resources,. 1313 Sherman Street, Denver <br />Colorado 80~03, hereinafte+ the BO~RO; <br /> <br />WHEREAS, TNC owns c~r~ain patented m1D1ng 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 authcri&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'inafter 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 4esignation 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 PrcpertY1 . 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 <br /> <br />.') <br /> <br />; <br />