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e e Summary The information contained in this report and the associated instream flow file folder forms the basis for staffs 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 findings required in Rule 5.40. 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 Bureau of Land Management recommended this segment of Thirtyone Mile Creek to the CWCB for inclusion into the Instream Flow Program. Thirtyone Mile 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 BLM is very interested in protecting stream flows because BLM has acquired significant acreage for public access along Thirtyone Mile Creek and has implemented action to improve fishery and riparian conditions. Thirtyone Mile Creek is 10.1 miles long. It begins between Dicks Peak and Black Mountain at an elevation of approximately 9,900 feet and terminates at the confluence with Currant Creek at an elevation of approximately 8,400 feet. Approximately 3.9 miles or 40% of the segment addressed by this report is located on federal lands. Thirtyone Mile Creek is located within Park County. The total drainage area of the creek is approximately 21.4 square miles. Thirtyone Mile Creek generally flows in an easterly direction. The subject of this report is a segment of Thirtyone Mile Creek beginning at the headwaters and extending downstream to the confluence with Currant Creek (see Map Appendix D). The proposed segment is located northeast of Salida. The staff has received only one recommendation for this segment, from the BLM. The recommendation for this segment is discussed below. Instream Flow Recommendation(s) BLM recommended 1.0 cfs, summer, and 0.35 cfs, winter, based on its April 29, 1997, data collection effort (see Appendix A). The modeling results from this survey effort are within the confidence interval produced by the R2Cross model. Land Status Review I Total Length Land Ownership Upper Terminus Lower Terminus (miles) % Private % Public Headwaters Currant Creek 10.1 60% 40% Biological Data The BLM has conducted field surveys of the fishery resources on this stream and have found a natural environment that can be preserved. As reported in the letter from BLM to the CWCB - 2 -