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<br />W-3087 <br /> <br />G. rrh(~ UE.~e of th.:; '.;.::.ttc::. i~ t.:c m~l.ij. ~u.in the i'linii.,;:...ft1 <br />lak,:, lev.21 as required to pJ-eservE' the nZltura,l enviro~,-rn~nt <br />to Cl. reu3oniJ.ble d.egree. <br /> <br />7. The date of initiation of appropriation is <br />January 14, 1975. <br /> <br />8. The total capaci i:y cf the lake is 22. Q acre <br /> <br />feet. <br /> <br />9. 'rh~ \'Jatf~r \"/<3.S fil~St ~~'plie:d to the ubove <br />beneficial use 011 January 14, 197G, by action of the Colo- <br />rado Water Conservation 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 provisio:ls <br />of C.R.S. 1973, 37-92-102(3), 37-92-103 (3), (4) and (10), <br />known as Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. On August 3.0, 1976, a statement of opposition <br />was filed by the Soutl1east8rn Colorado Water Conservancy <br />District and as a result, on September 29, 1976, the appli- <br />cation \vas re-referred by the Wate:r Referee to the ~'later <br />Judge for Water Division No.5. <br /> <br />12. On January 9, 1980, a stipulation "as filed <br />. by th-~ applicant and th~ object-or I in which it is agreed <br />that the granting of this application will not interfere <br />with the objector1s senior rights of the Frying Pan-Arkansas <br />Project in the same source of wate):~, so long as said rights <br />and the Op2ratiI'.g Principals and Amendments thereof do not . <br />require the artificial lowering of the naturo.l elevati.on of <br />the lc!ke \vhich is the subject of 1;bis application. The <br />sti:pulation in effect permits the \,rithdra\val of tile statement <br />of opposition allowing the applicilt.ion to proceed uS 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 "as again <br />I'later Referee by the Water Judge for \'later <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be qranted and that 22.0 acre <br /> <br />feet of water are hereby awarded to Upper Granite Lake for the <br /> <br />purpose of maintaining a minimum lake level as required to <br /> <br />preserve the nutural environment to a reasonable degree, <br /> <br />>lith appropriation date of the 14th day of January, 1976, <br /> <br />abSOlutely and unconditionally; subjectl howeve;L' to all <br /> <br />earlier priority rights of others and to the integration and <br /> <br />tauulation by the Division Engineer of such priorities and <br /> <br />changes of .rights in accordance \'lith law, and further subject <br /> <br />--2- <br />