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<br />W-30BB <br /> <br />6. 'i'he use of the wat"'~'r is to maintain the minimur:l <br />l<;Ke level as required. to prel5erve the nai.:urc:.l environment <br />to u reasonable degree. <br /> <br />7. The date of ini~:iation of appropriation is <br />January 14, 1976. <br /> <br />8. The total capacity of the lake is 68.0 acre <br /> <br />feet. <br /> <br />9. 'i'he \vater Was first ilpplied to the above <br />beneficial use O~ January 14, 1976, by action of the Colo- <br />rado Water Conservation Board under the provisions of C.R.S~ <br />1913, 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 />kno\vn as Senate Bill 97, signed into law April 23f 1973. <br /> <br />11. On August 30, 1976., a statement of opposition <br />\...a6 .filed by the Southeastern Colorado ~';ater Conservancy <br />Distri.::t and as a result., on Septmnber 29, 1976, t,he appli- <br />cation was re-referred by the. WatE~r 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 ~9ree4 <br />that the granting of this app1icat:ion will not interfere <br />with the objector's senior rights of the Frying Pan-Arkansas <br />:Project in the same source of watl2'r, so long as said rights <br />and the Operating Principals and l',:raendments thereof do not <br />requi~0 the ~rtifj,cial lowerinq of the natural elevation of <br />th"~ lake \'lhich is the subject of this applica-r'_ion. The <br />stipulation in effect permits -the withdra\val at t.he statement <br />of opposition allowing the application to proceed. as an <br />uncontested application. <br /> <br />referred <br />Division <br /> <br />13. <br />to the <br />No.5. <br /> <br />On March 3, 1980, the application was again <br />Water Referee by the Watpr Juuge for Water <br /> <br />The Referee does therefore corlclude that the above <br /> <br />entitled application should be granted and that 68.0 acre <br /> <br />feet of \.;ater are hereby awarded to Upper ;Frying Pun Lake for the <br /> <br />purpose of maintaining a minimum lake level as required to <br /> <br />preserve the natural environment to a reasonable degree, <br /> <br />\1ith appropriation date of the 14th day of January, 1976, <br /> <br />absolutely and unconditionally; subject, ho~eVEir, to all <br />earlier priority rights of others 2.nd to the integration and <br /> <br />tabulation by the Division Engineex of such prio~ities and <br />r <br />changes of rights in accordance with law, and further subject <br /> <br />-2- <br />