NLLAPP00340

• Case Number: W-3008-76
• Lake Name: STRAWBERRY LAKE #2
• Watershed: Roaring Fork
• Water Division: 5
• Water District: 38
• County: Eagle
• NLL App - Doc Type: Final Decree/Stipulations

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If Cl conflict cxisLs bc:Lween L1Je description by la-t.i.tude
and lor:gitude and the sectional c10scriptio:1, the description
by latitude and longitude will take precedence.

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6. The use of the water is to maintain the minimum
lake level as requi.r:ed to prese),:'ve the natural environment
to a reasonable deg_J':"ee.

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7. 'l'he date of initiation of appropriation is
Jar~uary 14, 1976.

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8. The b)tal capacity of the lake is 55.0 acre

feet.

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9. The wi:tter was first applied to the above
beneficial use on lJanuary 14, 1976, by action of the Colorado
Water Conservation Board under the provisions of C.R.S.
1973, 37-92-102 (3), 37-92-103 (3), (4) and (10).

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10. This appropriation is made under the provisions
of C.R.S. 1973, 37.-92-102(3), 37-92-103(3), (4) and (10),
known as Senate Bill 97, signed into law April 23, 1973.

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11. On l>.ugust 30, 1976, a statement of opposition
was filed by the Southeastern Colorado Water Conservancy
District and as a result, on September 29, 1976, the appli-
cation was re-referred by the Water Referee to the Water
Judge for Water Division No.5.

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to correct the
lake.

On August 5, .1977, the application was amended
legal description of the location of the

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13: On January 9, 1980, a stipulation was filed
by the applicant and the .objector, .in which it is agreed
that the grantin9 of this application will not interfere
with the objector's senior ri9hts of the Frying Pan-Arkansas
Project in ~he same source of waterf so long as said rights
and the Operating Principals and lIrnendments thereof do not
require the arti-ficial lo~ering of the natural elevation of
the lake which is the subject of this application. The
stipulation in effect permits the withdrawal of the statement
of opposition ~llowing -the application to proceed as aD
uncontested application.

referred
Division

14.
to the
No.5.

On March 3, 1980, the application was again
I'later Referee by the Water Judge for Water

The Referee does therefore conclude that the above

entitled application should be granted and that 55.0 acre

feet of wat.er are hereby awarded to Upper Strawberry Lake

for the purpose of maintaining a minimum lake level as

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required to preserve .t.he.'natural environment to a reasonable

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degree, with appropriation date of t.he 14th day of January,

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