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<br />Consent Agenda Item l.c <br />Case No. 1-07CWI47: Application of Donna 1. Nelson, et al. <br /> <br />Application Summary <br /> <br />This is an application for ground water rights, and approval of a plan for augmentation and <br />exchange near Fairplay in Park County. Applicants seek the following: <br /> <br />1. Ground water rights for a number of wells in various amounts and with various <br />appropriation dates. The application states that in-house and fire protection uses are <br />absolute; the request for conditional rights are for irrigation of lawns and gardens, <br />stockwatering, and maintenance of decorative pools/water features and hot tubs/spas. <br />2. Approval of a plan for augmentation and exchange to replace out-of-priority depletions <br />associated with uses from the subject wells. The sources of augmentation water are <br />Mountain Mutual Reservoir Company (MMRC) shares (augmentation by exchange). <br />3. Right to exchange water from the South Fork South Platte River up Founnile Creek and <br />from South Platte River up Middle Fork South Platte River to points of depletions. The <br />claimed date of appropriation is June 30, 2007 for an exchange rate of 0.002 cfs, <br />conditional. <br /> <br />CWCB Appropriation <br /> <br />The CWCB has appropriated the following instream flow water rights that could be injured by this <br />application: <br /> <br />CWCB Stream/Lake Amount Approp. Watershed County <br />Case No. ( cfs ) Date <br />1-76W8224 Fourmile Creek 8 1/14/76 South Platte Headwater Park <br />1-80CW067 Middle Fork 16/8 1/30/80 South Platte Headwater Park <br />South Platte River <br /> <br />Potential for Iniurv <br /> <br />The Applicant's proposed plan for augmentation and exchange may injure the Board's instream <br />flow water rights on Fourmile Creek and the Middle Fork South Platte River by not replacing out- <br />of-priority depletions in time, place and amount. <br /> <br />Other Obiectors <br /> <br />The City of Aurora and the Denver Board of Water Commissioners also filed statements of <br />opposition to this application. <br />