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<br />W-3015 <br /> <br />u. The use 0[- the WOlter is to ma.intain the IDlnimum <br />lake level as re(juircd to prese::::-ve the natural environ;r.ent <br />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 70.0 acr0.. <br /> <br />feet. <br /> <br />9. The water was first applied to the above <br />beneEicial 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). 37-92-10J(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 />\olas filed by the Southeastern Colorado \'[ater Conservancy <br />District and as a result, on September 29, 1976, the appli- <br />cation was re-referred by the Water Referee to the h'ater <br />Judge for Water Division NOn 5. <br /> <br />12. On January 9, 1980, a stiplllation vms f:i.led <br />by the applicant and the objector, in which it is agreed <br />that the granting of this application will not interfere <br />with the objector's 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 do not <br />require the artificial lowering of the natural elevation of <br />the lal:;;::: which is the subject of this application. The <br />stipulation in effect perInits the withd)~awal of the statement <br />of opposition allolving the application to proceed as an <br />uncontested application. <br /> <br />referred <br />Division <br /> <br />, 13. <br />to t:he <br />No.5. <br /> <br />On March 3, 19801 the application was again <br />Water Referee by the Wat:er Judge :!=or "later <br /> <br />The Referee does therefore conclude that the above <br /> <br />en "titled application should be grar.lted and that 70.0 acre <br /> <br />feet of \--later are hereby awarded to Carter Lake for the <br /> <br />purpose of maintaining a minimum lake level as required to <br /> <br />preserve the natural environment to a reason~ble degree, <br /> <br />with appropriation date of the 14th day of January, 1976, <br /> <br />absolutely and unconditionally; subject, however, to all <br /> <br />earlJer priority. rights of others and to the integration and <br /> <br />-2- <br />