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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 Colorado Division of Wildlife recommended this segment of Tunnel Gulch to the CWCB for inclusion into the Instream Flow Program. Tunnel Gulch 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 very interested in protecting stream flows because Tunnel Gulch supports a native cutthroat trout fishery (of unknown genetic purity). Tunnel Gulch is 2.4 miles long. It begins on the eastern flank of continental divide at an elevation of approximately 12,300 feet and terminates at the confluence with Chalk Creek at an elevation of approximately 11,000 feet. The entire 2.4 mile segment addressed by this report is located on federal lands. Tunnel Gulch is located entirely within Chaffee County. The total drainage area of the creek is approximately 3.1 square miles. Tunnel Gulch generally flows in a western direction. The subject of this report is a segment of Tunnel Gulch beginning at the headwaters and extending downstream to the existing confluence with Chalk Creek (see Map Appendix D). The proposed segment is located approximately 12 miles west of Hecla Junction, Colorado. The staff has received only one recommendation for this segment, from the Colorado Division of Wildlife. The recommendation for this segment is discussed below. Instream Flow Recommendation(s) CDOW recommended 2.1 cfs, summer, and 1.5 cfs, winter, based on its July 26, 2000, data collection efforts (see Appendix A). The modeling results from this survey effort are within the confidence interval produced by the R2Cross model. land Status Review Total Length Land Ownership Upper Terminus Lower Terminus (miles) % Private % Public Tunnel Lake Chalk Creek 2.4 0% 100% 100% of the reach is located on federal lands. - 2 -