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<br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda Item l.e <br />Case No. 5-06CW078: Application of David A. Nesslein <br /> <br />Application Summary <br /> <br />This is an application for a ground water right, storage right, and approval of a plan for <br />augmentation, including an appropriative right of exchange on the Roaring Fork River near Aspen. <br />1) The Applicant seeks to divert ground water at a rate of 0.1 cfs (15 acre-feet annually) to be used, <br />in part, for storage in a small pond and irrigation of 0.24 acre of lawn. 2) The Applicant also seeks <br />to store a portion of the ground water in a 0.15 acre-foot pond (Nesslein Pond) for irrigation, <br />aesthetic, fire protection, recreation, piscatorial and wildlife watering. 3) To replace out of priority <br />diversions, the Applicant seeks approval of a plan for augmentation, including an appropriative <br />right of exchange, that involves releases from Green Mountain and Ruedi Reservoirs. The <br />application also states that augmentation water will be released from Nesslein Pond to satisfy the <br />Roaring Fork River calls; however, the Applicant has not claimed augmentation as a use for the <br />Nesslein Pond, nor does the Pond have adequate capacity to replace all potential out-of-priority <br />depletions. <br /> <br />CWCB Appropriations <br /> <br />CWCB Case Stream/Lake Amount Approp. Watershed County <br />No. (cfs) Date <br />5-76W2948 Roaring Fork River 32 1/14/76 Roaring Fork River Pitkin <br />5-85CW646 Roaring Fork River 55/30 11/8/85 Roaring Fork River Pitkin <br /> <br />Potential for Iniury <br /> <br />The Applicant's proposed plan for augmentation and exchange may injure the Board's instream <br />flow water rights on the Roaring Fork River by not replacing depletions in time, place and amount. <br /> <br />Other Obiectors <br />No other statements of opposition to this application were filed. <br />