BOARD00120 ‎(2)‎

• Board Meeting Date: 1/24/2007
• Description: ISF Section - 2007 Instream Flow New Appropriation Recommendations in Water Divisions 2,3,4, and 6
• Board Meetings - Doc Type: Memo

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The District has great concerns with these proposed filings and further action BLM eluded
to in its recommendation letter "to appropriate flows to optimally protect fish values and to protect
other water-dependent values specified in BLM resource management plans." For these reasons,
the District believes the notification and cQnsent of the District, affected water right holders and
the county commissioners should be obtaiped by BLM prior to recommending instream flows,
or taking further action, in Jackson County.

For over one-hundred years, the peqple of Jackson County have been good stewards of the
land and water. With hard work and ingenuity, they have improved the land as well as wildlife
habitat throughout North Park. Even with protective language, the District has real concerns that
the proposed flows could interfere with eXlsting and future water use.

1. South Fork of Big Creek
The CWCB proposes average instream flows of 10.2 cfs in the summer months and 8.2
cfs in the winter months in the South Fork of Big Creek. It appears there is no public access to
this stream reach. That the stream segment tenninates at the Wyoming State Line is quite
disconcerting. Such an appropriation could run afoul of the U.S. Supreme Court Decree, and
state-line appropriations, in general, could be construed as appropriations for the benefit of
downstream states. Moreover, there are ,several upstream water uses that could be affected,
including the operations of Big Creek Reservoir and several ditches upstream.

2.~ian~~ .
The proposed instream flow of 4.d cfs from May 1 to July 31, and .7 cfs from August I
through April 30 for Indian Creek stretches for over 7 miles, crosses hundreds of acres of private
land, and crosses at least two decreed diversions (the McIsaac and the West Arapahoe Feeder
Ditch No.2). There is no gage information on this creek and BLM recommended examination
of the diversion records for the Lawrence Ditch regarding water availability as well as
examination ofthe USGS Gage 06618000 at Willow Creek near Rand. The District suspects these
are not adequate and not representative of Indian Creek flows.

BLM sites drought as a factor in its letter recommending instream flow appropriations fOT
Indian Creek. Drought is a naturally occurring event in the arid West. It has significant impacts
on the people of Jackson County as well ~s the natural environment.

3. North Fork of the North Platte
The CWCB proposes average instream flows of of7.1 cfs in the summer and and average
instream flows 5.6 in the winter on the North Fork of the North Platte. This proposed
appropriation crosses significant private lands and the reach includes at least two diversions (the
Goose Creek and Shafer Ditches). BLM recommends CWCB perform a basin comparison
analysis using the Encampment River gage above Hog Park, Wyoming or the Elk River above
Clark in Routt County. As previously stated~ the District objects to such a comparison. There are
several existing water users upstream of this reach that could be prevented from exercising new
or existing exchanges, changes in use, storage or diversions or relocating existing headgates.

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