BOARD00048 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: ISF Section - Contested Instream Flow Appropriation Hearing - Elkhead and Armstrong Creeks
• Board Meetings - Doc Type: Hearings

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Summary
The infonnation contained in this report and the associated instream flow file folder forms the
basis for the instream flow recommendation to be considered by the Board. It is staffs opinion
that the information contained in this report is sufficient to support the fmdings required in Rule
5i.

Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature
recognized "the need to correlate the activities of mankind with some reasonable preservation of
the natural environment" (see 37-92-102 (3) C.R.S.). The statute vests the CWCB with the
exclusive authority to appropriate and acquire instream flow and natural lake level water rights.
In order to encourage other entities to participate in Colorado's Instream Flow Program, the
statute directs the CWCB to request instream flow recommendations from other state and federal
agencies. The Colorado Division of Wildlife (CDOW) recommended this segment of Armstrong
Creek to the CWCB for inclusion into the Instream Flow Program. Armstrong Creek is being
considered for inclusion into the Instream Flow Program because it has a natural environment
that can be preserved to a reasonable degree with an instream flow water right.

The CDOW is forwarding this stream flow recommendation to the CWCB to meet the State of
Colorado's policy "... that the wildlife and their environment are to be protected, preserved,

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