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<br />. <br /> <br />\1-3082 <br /> <br />6. The 113f:i of tbe \\,::.ter is to m;:d.;rt;-'.in the miniwura <br />lak0- lc;vel as required to preserve the natural environment <br />to a rca50nable degree. <br /> <br />7. The date of initiation of appropriC1tion is <br />January 14, 1976. <br /> <br />8. The total capacity of the lake is 150.0 acre <br /> <br />feet. <br /> <br />9. The water was first applied to the above <br />benaficial use on January 14, 1976, 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 provisions <br />of C.R.S. 1973. 37-92-102(3). 37-92-103(3), (4) and (10), <br />knolin as Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. On August 30, 1976, a statement of opposition <br />was filed by the Southeastern Colo.'C"ado ~vater Conservancy <br />District and' as a result, on September 29, 1976, the appli- <br />cation was re-ref8rred by the Water 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 object.or, in ;;hich 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 l\!':1endments thc:'!.reof do not <br />requir::e the artificial lowering or the natural elevation of <br />the lake which is the subject of this application. l'he <br />stipulation in effect permits the wit.hdrawal of the statemen1: <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 />\'l'ater Referee by the \1ater Juuge for Wate.r <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be ,rranted and that 150.0 acre <br /> <br />feet of water are hereby awarded to Lyle 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 />absolutely and unconditionally; subject, however, to all <br /> <br />earlier priority rights of others and to the integration and <br /> <br />tabulation by the Division Engineer of such priorities and <br /> <br />-2- <br />