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<br />W-3014
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<br />I RECEIVED
<br />MAR 1 5 1982 1
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<br />7.
<br />1976.
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<br />The date
<br />
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<br />of lini tia tion
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<br />of appropriation is January 14,
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<br />8. The capacity of the' lake is estimated to be 143 acre feet,
<br />with a natural water e4evation of 10,984.
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<br />9. The water was first applied to the above beneficial use on
<br />January 14, 1976, by action of .the:,Colorado..Watsr:-conserv:at.ion "Board
<br />under the provisions of C.R.S. 1973, 37-92-102 (3), 37-92-103 (3), (4),
<br />and (10),.
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<br />10. This appropriation is made under the prov~s~ons of C.R.S.
<br />1973, 37-92-102(3) and 137-92-103(3), (4) and (10), known as Senate
<br />Bill 97, signed into 1a~ April 23, 1973.
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<br />.11.. On October J1, 1977, a Statement of Opposition was filed
<br />on behalf of the City 9f Aurora, and as a result, on November 30, 1971,
<br />the application was re~eferred by the Water Referee to the Water
<br />JUdge for Water DiviSiln No. 5_
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<br />l2. On December 17, 1981, the Statement of Opposition of the
<br />City of Aurora was witHdrawn, and on December 9, 1981, the application
<br />was again referred tp the Water Referee by the ~ater Judge for lVater
<br />Division No.5. 1 . ,
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<br />The Referee does erefore conclude that the above entitled
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<br />application should be dranted and that 143 acre feet of water, having
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<br />a lake surface level OJ 10,984 feet are hereby awarded to Brady Lake
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<br />No.2, (Sopris), for the purpose of maintaining a minimum lake level
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<br />as required to preserve the. natural environment to a reasonable
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<br />degree, with appropriation date of January 14, 1916, absolutely and
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<br />. unconditionally; subje~t, however, to all earlier priority rights of
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<br />others and to the inteJration and tabulation by the Division Engineer
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<br />of such priorities and fhanges Of rights in accordance with law.
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<br />It is accordingly pRDERED that this ruling shall be filed with
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<br />the Water Clerk and Sh~11 become effective upon such filing, subject
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<br />to Judicial revi",< purs'uant to Section 37-92-304 C.R.S. 1973.
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<br />It is further ORDERED tlu,t a copy of. this ruling shall be filed
<br />with the appropriate Division Engineer and the. State Engineer.
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<br />Done at the City of
<br />7...{Ii. JA i
<br />~day of I!/ClAR./
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<br />Glenwood Springs, Colorado, this
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<br />, 1982.
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<br />~z::
<br />
<br />Referee
<br />ater Division No. 5
<br />State of Colorado
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