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<br />" <br /> <br />,--'. <br /> <br />6. The Use of the watRr is to Daintai!1 the <br />minimum la};e level as required to preserve the natural <br />envirarunent to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is <br />January 14, 1976. <br /> <br />8. The total capacity of the lake is 27.0 acre <br /> <br />feet. <br /> <br />9. The ',vater was first: applied to the above <br />beneficial use on January 14, 1976, by action of the Colorado <br />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 provisions <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 25, 1976, a statement of opposition <br />was filed by the Southea3'-:.:""~rn Colorado Water Conservancy <br />District and as a result, on September 29, 1976, the appli- <br />cation \vaS re-refeJ:-red by the Water Referee to the Wa ter <br />Judge for Water Division No. 5. <br /> <br />12. On January 9, 19801 a stipulation was filed <br />by the applicant and the objector, in which i-t is agreed <br />that the granting of this applisation will not interfere <br />with the objector I f; senior .rights of the Frying Pan-Arkansas <br />Project in the same source of water, so long as said rights <br />and the Operating Principals and ,Amendments thereof db not <br />reqtt.~re the artificial lowering of the natural elevation of <br />the lake which is the subject of this application. The <br />stipulation in effect permits the '",i thdrawal of the statement <br />of opposition aJ.lov..dng the applica'tiOll to proceed as an <br />uncontested application. <br /> <br />13. On March 3, 1980, the application was again <br />referred to the \'/ater Referee by the Water Judge for Water <br />Division No.5.. <br /> <br />The Referee does therefore conclude that the above <br /> <br />enti tIed applica.tion should be granted and t:hat 27.0 acre <br /> <br />feet of water are hereby awarded to Josephine 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 />with appropriation date of the 14th day of January, 1976, <br /> <br />absolutely and unconditionally; subject, however, to all <br /> <br />earlier priority rilj'hts of others and to the integration and <br /> <br />tabulation by the Division Engineer of such priorities and <br /> <br />- " <br /> <br />-2- <br /> <br />.<' <br /> <br />- ". ) <br />