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<br />W-J081 <br /> <br />6. The USQ or t.ne \'l{:( ler is to maintain the Iil.:L~1irr,ur.l <br />lak0 level as rcquir8d to preserve the natural environffi~nt <br />to a reaso~able degree. <br /> <br />7. The date of init~iation of appropriation is <br />January 14, 1976. <br /> <br />fee7.o <br /> <br />8. The total capaci.ty of the lake is 8.0 acre <br /> <br />9. The water was first applied to the above <br />beneficial use on tLe,~.lLl,a.:~_,,--/~-+-_t.~4..l. by action of the <br />Colorado Hater Conservatioh. Board under the provisions of <br />C.R.S. 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 971 signed into law April 23, 1973. <br /> <br />11. On August 30, 1976, a statement of opposition <br />was filed by the Southeastern Colorado Water Conservancy <br />Distr~ct and as a result, on September 29, 1976, the appli- <br />cation ',..-ras re-referred by the NatE!r Referee to the Wa,ter <br />Judge for Water DiviBion No.5. <br /> <br />12. On January 9, 1980, a stipulat;on was filed <br />by the applicant and the objector, in which tt is agreed <br />that the granting of this applicat.ion "ill not interfere <br />wi th t_he objector's senior rights of the Frying Pan-Ark<:tnsas <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 Rrtificial lOiY'erin9 of the natural elevation of <br />the lake \olhich is the subject of this application. The <br />stipulation'in effect permits t:he withdrawal of the 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 Narch 3, 1980, the application was again <br />Water Referee by the Water Judge for Water <br /> <br />~he Referee does therefore conclude that the above <br /> <br />entitled application should be granted and that 8.0 acre <br /> <br />feet of water are hereby awarded to Chapman Lake for the <br /> <br />purpose of maintaining a minimum la.ke 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 />absolutely and unconditionally; subject, howeVer, to all <br /> <br />earlier priority rights of others and to the integration and <br />tabulation by the Division Bnginee:r' of such priorities and' <br /> <br />changes of rights in accordance vdt,h law, and further subject <br /> <br />-2- <br />