NLLAPP00350

• Case Number: W-3072-76
• Lake Name: FRYINGPAN LAKE #2
• Watershed: Roaring Fork
• Water Division: 5
• Water District: 38
• County: Pitkin
• NLL App - Doc Type: Final Decree/Stipulations

W-30 72

6~ The use of the v;at_cr is to mnint>:d.n the. rain.i.ij':...nn
lake. levf;~l as required to pres~::=l.-VC the natural environment
to D. rea.sonaole degree.

7. The date of initintion of appropri~tion is
January 14, 1976.

feet.

8. The total capacity of ~he lake is 22.0 acre

9. The water was first applied to the above
beneficial use On January 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).

10. This appropriation is made under the provisions
of C.R.S. 1973, 37-92-102(3), 37-9.2-103(3), (4) and (10),
known as Senate Bill 97 t signed in.to laW' April 23, 1973.

11. On August 30, 1976, a statement of opposition
was filec~ by the Southeastern Colorado Na.-ter Conservancy
District and as a result, on September 29, 1976, the appli-
ca~_i,CJn was re-referred b'T the Wa.ter Referee to the Water
Juuge for Na.ter Division"'No. 5.

12. o~ January 9, 1980, a stipulation was filed
by the applicaI1t and t.he objector, in which it is agreed
that the granting of this application will not interfere
wit..h the. objector I S senior rights of the. r'rying Pan-Arkansas
Pro~~'~ct in the same source of Wa.t02l", so long as sc:lid rights
and the Oper.J.ting Principals. and Ar:\endments thereof do not
require the a.rt.ificiiOll lowering of the l1.:..turul 121evation of
the l.:)kc \':hich is the subject of tLi.s a.f?plicLJ.tion" 'l'hc
stipulation in effect permi 1:s the vii thdro.wal of the statement
of opposition allowing the application to proceed as an
uncontested application.

referrea
Division

13.
to the
No.5.

On Narch 3, 1980r the application was again
\Va ter Referee by the Water Juage for \"i1a ter

The Referee does therefore conclude that the above

enti tled application should be granted and that 22.0 acre
feet of water are hereby awarded to 1>Iiddle frying Pan Lake

for the purpose of maintaining a. minimum lake level as

required to preserve the natural environment to a reasonable

degree, with appropriation date of the 14th day of January,

1976, absolutely and unconditionally; subject, however, to

all earlier priority rights of others and to the integration

and tilbulation by the Division Engineer of such priorities

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