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<br />,. <br /> <br />\'-3090 <br /> <br />G. 'i'J1i.~ U,-,-2 oi: t.ho h..::t~,r ~~;, to u~aint.:'..in th'2 milJ:LmUfd <br />lake level ~s r,-~c~nired to pJ:~;;erv~l the naturill enviror'.ln?nt <br />to a ~-easonat..le degree. <br /> <br />7. The date of ir:itiation of appropriation is <br />January 14, 1976. <br /> <br />S. The total capacity of t;h~ lake is 48.0 acre <br /> <br />feet. <br /> <br />9. The '-".iter: \I;).S first ?pplied. to tl)<~ above. <br />beneficial use on January 14, 1976, Ly 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) anc: (10). <br /> <br />10. This app::ropriatio~ is mach unde:r the pro'lisions <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 oE opposition <br />was filed by the Southeastern Colorado Water Conservancy <br />District and as a result, on September 29, 1976, the appli- <br />cation was re-referred by the Water Referee to the Water <br />Judge for Water Division No.5. <br /> <br />12. On January 9, 1980. a st:Lpu~ation was filed <br />by th,~ applicnnt and thE:! objector, in which it is agreed <br />that the granting of this applicil.tion will not interfere <br />,,,ith th.~ objector's senior rights of t.he :E'rying Pan-Arkansas. <br />projeet in the sU.me source of. water, so long as said rights <br />Dnd t}:.~ Operating Principals and Amendments thereof do not <br />rE'quiJ:c th':! artificial hn';ering of the na~:.ural elevation of <br />the lake which is the subject of this application. 'fhe <br />stipulation .in effect permits the withdrat..al of th~ statement <br />of oppos.i. tion a llov,>i..ng the i'lpplicd. tion to proceed as 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 was again <br />i'later Referee by the Water Judge for Water <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be granted and that 48.0 acre <br /> <br />feet of water are hereby awarded to Mormon 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, 1916f <br /> <br />absolutely and unconditionally; subject, howeve~, 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 />changes of rights in accordance with la,,,, dnd furthsr suuject <br /> <br />to the terms of the stipulation as set for1:.h in p,-t~agraph 12 <br /> <br />above. <br /> <br />-2- <br />