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<br />W-3058 <br /> <br />6. The use of the Welter is to maintain the minir.lU:n <br />la}:c lC'vcl as reguil-~d to preserve the natural environmc-:'ilt <br />tv a reasonable d~gree. <br /> <br />7. The date of initiation of appropriation is <br />Janu~ry 14, 1976. <br /> <br />8. The total capacity of th~ lak0 is 214.0 acre <br /> <br />fC8t. <br /> <br />9. The water was first applied to the above <br />beneficial use on January 14, 1976, by action of the Colorado <br />Water Conse~vation Board under the provisions of C.R.S. <br />1973, 37-92-102 (3), 37-92-103 (3), (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1973, 37-92-102(3),,37-92-103(3), (4) and (10), <br />known as Senate Bill 97, s~gned into law April 23/ 1973. <br /> <br />11. On August 25, 1976, a statement of opposition <br />was filed by the Southeastern Colorado Water Conservancy <br />District and as a result, on Sept':~mber 29, 1976, the appli- <br />cation was re-referred by the Water Referee to the Water <br />Judge for Water Division No.5. <br /> <br />12. On January 9, 1980, a stipulation was filed <br />by the applicant and the objector, in which it is agreecl <br />that the granting of this application will not interfer8 <br />with the objector's senior rights of the -Frying Pan-ArkcJ.nsas <br />Project in the sa.me source of ''later, so long as SElid rights <br />and the Operating Principals Etnc.1 AmE211dn(~nt:.s thereof do not <br />re::r.1irG the artificial lowe=ing of the natural elevation of <br />the lake which is the subject of this application. The <br />stipulation in effect permits the vii thdra\'lal of the statement <br />of opposition allowing the applicat.ion to proceed as an <br />uncontested application. <br /> <br />13. On March 3, 1980, the application was again <br />referred to the Water Referee by the Water Judge for Water <br />Division No. 5~ <br /> <br />The Referee does therefore conclude tha~ the above <br /> <br />entitled application should be granted and that 214.0 acre <br /> <br />feet of water are herecy awarded to Sawyer Lake for the <br />purpos8 of maintaining a minimum lake level as required to <br /> <br />preserve the natural environment to a reasonable degree, <br /> <br />with appropriation date of the 14th day of Jan~ary, 1976, <br />absolutely and unconditionally; subject, however, to all <br /> <br />earlier priority .rights of others and to the integration and <br /> <br />tabulation by the Division Engineer of such priorities and <br /> <br />--2- <br />