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<br />W-3074 <br /> <br />8. The capacity of the lakE~ is estimated to be 184 acre feet, <br />with a natural water eleva"tion of 10,200 feet. <br />I <br />9. The water \'las first applied to the above beneficial use on <br />January 14, 1976, by adtion of the Colorado Water Conservation <br />Boaro unoer the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), <br />(4) ano (10). I <br /> <br />10. This appropriation is made under the provisions of C.R.S. <br />1973, 37-92-102(3) and 37-02-103(3), (4) and (10), known as Senate <br />Bill 97, signed into law April 23, 1973. <br />, <br />i <br />11. On October 28, 1977, a Statement of Opposition was filed <br />by Charles E. Thomas, and as a result, on November 30, 1977, the <br />applica tion was re-refe'rred by the Hater Referee to the v.]a ter Judge <br />for Wa ter Divis ion No. "5. <br /> <br />12. On October 6, 1981, the Statement of Opposition of Charles <br />E. Thomas was withdrawn as a result of a stipulation between the <br />parties involved, and on November 25, 1981, the application was <br />again referred to the 1'1a ter Refere," by the \va ter Judge for Water <br />Division NO.5. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and 1:hat 184 acre feet of water, having <br /> <br />a lake surface level of 10,200 feet: are hereby awarded to Thomas Lake <br /> <br />No.1, for the purpose of maintaini.ng a minimum lake level as required <br /> <br />to preserve the natural environment to a reasonable degree, with <br /> <br />appropriation date of January 14, 1976, absolutely and unconditionally; <br /> <br />subject, however, to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and changes of rights in accordance with law. <br /> <br />It is accordingly ORDERED 1:hat this ruling shall be filed with <br /> <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. <br />.i <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Di~ision Engineer and the State Engineer. <br />i <br />Done at the City 0): Glenwood Springs, Colorado, this <br />'" ; <br />~day of I/AAlV"~Y <br /> <br />I <br />I <br /> <br />, 1982. <br /> <br />BY THE REFEREE: <br /> <br />No proteat was filed in this matter <br />The foregoing ruling Is confirmed <br />and ipplOVld. and Is made the : <br /> <br />~~Vi <br /> <br /> <br />r Referee <br />Division No.5 <br />of Colorado <br />