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<br />W-3054 <br /> <br />lake level uS requ.i.:ced .to p~-eserve the ndturo.l environmC:'nt <br />to a reusol1~b].c dcsrce. <br /> <br />7. The date of initiation of approprJ.ation is <br />Jdnuary 14, 1976. <br /> <br />8. The total capacity of the lake is 350.0 aerG <br /> <br />feet. <br /> <br />9. Tile H;\ tcr \,la:-, f:j _1_-,; t-. appl :i.c~cl to Lh.-' ab-JilL' <br />beneficial use on January 14, 1976, by i'lction of th:-:.' Colorddo <br />Welter Conservation BOurd unc1er the provisions of C.l\.S. <br />1973, J7-92-102(3), 37-92-103(3), (4) and (10). <br /> <br />10. This appJ:-opriation is made under the provisions <br />of C.R.S. 1973, 37-92-102(3), 37-92-103(3), ('i) 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 />was filed by the Southeastern Colorado W.:J.ter Conservanoy <br />District and as a resul.t, on September 29., 1976, the appli- <br />ca-tion was re-referred by .the \'JatE!r Referee to the Water <br />Judye for Water Division No.5. <br /> <br />12. On January 9, 1980, a stipulation was filed <br />by the applicant and the objec.toJ~, in \'thich it is agreed <br />that the granting of this appl.icat:ion will not interfere <br />\vith the objector's senior rights of the Frying Pan-Arkansas <br />Project in the. same source of Nater, so long.as said rights <br />and the Operating Principals and lJUendments thereof do not <br />require the artifi.cial .lowering of the natural elevation of <br />the lake w!1i.ch is 1:hc sUbjec-t of this application. The <br />stipnlation. in effect p::~rmits 1:hc vlithdrC:lv;al of the stat.ement <br />of opposi tioD allo\.,.ing the applicd,tion to proceed as an <br />uncontested application. <br /> <br />re;i:'~~rrcd <br />Division <br /> <br />13. <br />to the <br />No.5. <br /> <br />On March 3, 1980, the application was again <br />Water 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 350.0 acre <br /> <br />feet of water are hereby awarded .to Seller Lake for the <br /> <br />purpose of maintaining a minimttm 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 /> <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 />ch.:~~~g'.2:S of rights in accordance "''lith la','!, and fur.ther subject <br /> <br />to the terms of the stipula.tion as set forth in p.3.ragraph 12 <br /> <br />above. <br /> <br />It is accordingly ORDERED that this ruling shall be <br /> <br />-2- <br />