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<br />IV-3053 <br /> <br />(;. '1'h-..:. us:-' c.::' t.I'~2 \..'c..:'::..-l. is Lv n:<.J.j_llL...;..-;'.\1 i:.L0 J'li.l..i l..l.i""Ul:l <br />lake leve.l as required 1:0 preserve the natural environment <br />to Q ~ea~onable degr~e. <br /> <br />7 ~ The date of initiat.ion of appropriation is <br />January 14, 1976. <br /> <br />8. 'The total capaci-ty of the lake is 300.0 acre <br /> <br />feet. <br /> <br />9. '1'hc watE:r \'ii.<..s fiJ:s:: applied to the dbove <br />beneficial Use on January 11, 1970( by action of the Colorado <br />Natcr Cons~rva-tion 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 appropriatior: is made under the provisions <br />of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), <br />known as Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. On August 25, 1976r a statement of opposition <br />was filed by the Southeastern C()lorado Water Conservancy <br />District and as a result, on SCi/;:ember 29, 1976, the appli- <br />cation was re-referred by the Watex 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 objectorl 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 sa~e source of water, 50 long as said rights <br />and the Operating Principals and Amendments thereof do not <br />require the artificial lotvering of: the nat.ural elevation of <br />the luke which is the subjec.;:t of this application. The: <br />stipulation ~in effect permi.ts the v;'ithdra:,;Tal of the st~:::te;;:;ent <br />of opposition allowing the application to proceed as 8.11 <br />uncontested application. <br /> <br />referred <br />Division <br /> <br />13. <br />to the <br />No.5. <br /> <br />On March 3, 19801 the application \'las again <br />Water Referee by the Water Judge for Water <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled applicatioa should be granted and that 300.0 acre <br /> <br />feet of water are hereby awarded to Diemer Lake for the <br /> <br />purpose of maintaining a minimum lake level as required to <br /> <br />preserve the natural environment to a reasonable dC9ree, <br /> <br />with appropriation date of the 14th day of January, 1976, <br /> <br />absolutely and unconditionally; sUb:ject, howeve,r 1 to all <br /> <br />earlier priority rights of others and to the integration and <br /> <br />tabulc1tion by tr.,'O: Division Engincel~ of such priori ties and <br /> <br />\,:h~nges of rights in accordance wit:h law, and further <br /> <br />~2- <br />