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<br />-, <br /> <br />W-3086 <br /> <br />towll~llip. S0ctional proj2ctions indicJte that the lake is <br />located in Section 28, T. 9 S'I R. 82 W. of the 6th P.M. <br /> <br />If a conflict exists between the description by latitude <br />and lO:1gitud'2.. and the sectional description, the descrip"tion <br />by latitude and longitude will ta~~e precedence. <br /> <br />6. The use of the water is to maintain the minimum <br />luke level as required to preSE!r'.'8 the natural environment <br />to a reasonQblc dQ0~ce. <br /> <br />7. The date of initiation of appropriation is <br />January 14, 1976. <br /> <br />8. 'l'he total capacit,y of the lake is 40.0 acre <br /> <br />feet. <br /> <br />9. The water was first a~plied to the above <br />beneficial use or. January 14, 1976, by action of the Colorado <br />Wate~ 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 appropriation .is made under the provisions <br />of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), <br />l<nmm as Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. On August 30, 1976, a statement of opposition <br />was filed by the Southeastern Colo:cado Water Conservancy <br />District and as a result, on September 29, 1976, the appli- <br />cation was re-referred by the \vater Referee to the Water <br />Judge for Water Division No.5. <br /> <br />12. <br />to correct the <br />li.tke~ <br /> <br />On ALgUS-=' 5, 1977, t.21e applic;::~tion ,\;\1a8 amended <br />legal description of the 10ca'tion af the <br /> <br />13. On January 9, 1980, a stipulation was filed <br />by the applicant and the objector, in which it is agreed <br />that the granting of this application will not interfere <br />with the objector's senior rights of the Frying Pan-Arkansas. <br />project in the same source of water, so long as said rights <br />and the Operating Principals and hmendments thereof do not <br />require the artificial lowering of the natural elevation of <br />the la~~2 wh:!.ch is the subject of this application ~ The <br />stipulation in effect permits the withd~awal of the statement <br />of opposition allowing the applicat.ion to proceed as an <br />uncontested application. <br /> <br />14. On March 3, 1980, the application was again <br />referred to the Water Referee by the Ivater Judge for l'later <br />Division No. 5# <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be granted and that' 40.0 acre <br /> <br />feet of water are hereby. awarded to Lower Granite Lake for the <br /> <br />-2-' <br />