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<br />. <br /> <br />W-3085 <br /> <br />6 ~ 'fhe use of the water is to maintain th.:? minimum <br />laK('~ level us required to preserve the naLurD.l environment <br />to a rcasonab18 degree. <br /> <br />7. The date of initiation of appropriation is <br />January 14, 1976. <br /> <br />8. The total capacity of the lake is 8.0 acre <br /> <br />feet. <br /> <br />9. The water was first applied to. the above <br />ben02:ficial use 0:1 January 14, 1976, by action of t;he 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 appr.o~tiation is made under the provisions <br />of C.R.S. 1973, 37-92-102 (3), .37-92-103 (3), (4) and (10), <br />kno'Nn as Senate Bill 97, signed into 1m.... April 23/ 1973. <br /> <br />11. On August 30, 1976, a statement of opposition <br />Was "filed by the Southea.ste.rn Colorado t'/a-ter 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 stipulation was filed <br />by the applicant and the object:or, in which it is agreed <br />that the granting of this appli.cation will not interfere <br />with the obj8ctor's senior rights of the Frying Pan-Arkansas <br />J?rC1ject in the same source of water, so long as said rights <br />and the Operating Principals and tI.:-:nendments thereof do not <br />require the artificial lo<..;~ring of tlv~ natural elevat..ion of <br />thE' lake \vhich is the subject of this applica.tion. <.rhe <br />stipulation'in effect permits the Hithdrawal of the statement <br />of opposition allowing the ap~lication 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 />Water Referee by the Water Judge ,for \Vater <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be granted arid that 8.0 acre <br /> <br />feet, of \'iater are hereby award-=d to Deadman Lake for the <br /> <br />purpose of maintaining a minimum lake level as required to <br /> <br />preserve the natural environmen1: to a reasonable degree, <br /> <br />with appropriation date of t.he 14th day of January, 1976, <br />absolutely and unconditionally; subject, howev~r, to all <br /> <br />earlier priority rights of others and to the inte9ration and <br /> <br />tabulation by the Division En9~neer of such priorities and <br />r <br /> <br />'-2- <br />