BOARD00088 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: WSP Section and ISF Section - Arkansas River ISF Appropriation
• Board Meetings - Doc Type: Hearings

Water Works, Pueblo Conservancy Distri~t or private individuals have various easements and
management agreements related directly to the Legacy Project.

.

Instream Flow and Biological Investigations
The information contained in this memorandum and in the appendix, forms the basis for the
in stream flow action requested of the Board. It is staff s opinion that the information contained
in this report is sufficient to support the findings required in Rule 5 i.

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 in stream 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. Arkansas River 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 "... t~at the wildlife and their environment are to be protected, preserved,
enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its
visitors... and that, to carry out such program and policy, there shall be a continuous operation
of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related
opportunities" c.R.S. 33-1-10 1 (1). The CDOW Strategic Plan states "Healthy aquatic .
environments are essential to maintain healthy and viable fisheries, and critical for self-
sustaining populations. The Division desires to protect and enhance the quality and quantity of
aquatic habitats."

The Arkansas River is approximately 324 miles long from its headwaters to the Colorado-Kansas
stateline. It begins at the confluence of Lake Creek and the Lake Fork of the Arkansas River at
an eleveation of approximately 9100 feet and flows southeasterly until it reaches the Colorado-
Kansas stateline at an elevation of approximately 3800 feet. These segments of the Arkansas
River are located within Pueblo County. The total drainage area of this segment of the Arkansas
River is approximately 4778 square miles.

The CWCB Staff is uncomfortable about appropriating an instream flow water right in the
concrete lined channelized reach of the Arkansas River because it has such a non-natural
appearance. For this reason, staff recommends that that the instream flow water right for two
separate reaches. The first reach would be from the outlet of the fish hatchery down to the
beginning of the channelized reach. The second reach would be from the end of the channelized
reach down to the confluence of the Arkansas River and Fountain Creek. Below is a summary of
the se ents and a ma
Fish Hatche
Concrete Levee

Concrete Levee
Fountain Creek

5.7 miles
1.0 mile

Len th of Stream Reach within the Concrete Levee

1.9 miles

~.

4