BOARD00182 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: ISF Section - Hat Creek Proposed Water Acquisition
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WilDLIFE

AN EQUAL OPPORTUNITY EMPLOYER

Bruce McCloskey, Director
6060 Broadway
Denver, Colorado 80216
Telephone: [phone]
wildlife. state. co. us

May 5, 2007

Ms. Linda Bassi
Colorado Water Conservation Board
1313 Sherman Street, Room 723
Denver, CO 80203

Dear Linda,

The following is the Colorado Division of Wildlife's (DOW) analysis and recommendation regarding
the possible donation of the Hat Creek Water Right for instream flow purposes.

General Information
The Colorado Water Conservation Board (CWCB) requested the DOW to evaluate the benefits and possible
impacts associated with accepting the proposed donation ofthe Hat Creek Ditch Water Right to the fisheries
in Hat and East Brush Creeks. The CWCB currently holds instream flow water rights on Hat Creek, Case
No. 5-87CW271, and East Brush Creek, Case No. 5-77W3627, appropriated to preserve the natural
environment to a reasonable degree. Hat Creek is a tributary of East Brush Creek and both creeks are
located in Eagle County approximately 11.5 miles southeast of the Town of Eagle (see Figure 1).

Field Site Visit and Bioloeical Survey Data
The CDOW has conducted field surveys ofthe fishery resources on these streams and have found
natural environments that can be preserved. East Brush Creek is classified as a medium stream
(between 20 to 35 feet wide) and fishery surveys indicate the stream environment of East Brush Creek
supports self-sustaining populations of brook and brown trout. Hat Creek is classified as a small stream
(between 10 to 19 feet wide) and fishery surveys indicate the stream environment of Hat Creek supports
a self-sustaining population of Colorado River cutthroat trout upstream of a series of high-gradient
waterfalls. Downstream of these high-gradient waterfalls, Hat Creek provides important resting and
refuge habitat for the self-sustaining East Brush Creek brook and brown trout populations (see attached
map).

DOW and CWCB staff members along with John Carney, Colorado Water Trust, visited East Brush and
Hat Creeks on August I, 2006, to collect additional hydrologic, hydraulic and biologic data on Hat
Creek and to confirm the location of the Hat Creek Ditch historic point of diversion was located
downstream of the identified fish-migration barrier (high-gradient waterfalls) on Hat Creek. In addition,
we attempted to identify the historically irrigated lands associated with the Hat Creek Ditch and the
approximate location of the historic return flow tributary to East Brush Creek associated with those
lands. During this site visit we also evaluated the condition of the existing stream habitat of East Brush
Creek, upstream of the confluence with Hat Creek, at the observed stream flow.
DEPARTMENT OF NATURAL RESOURCES, Harris D. Shennan, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chair. Claire O'Neal, Vice Chair. Robert Bray, Secretary E xhi bit 2
Members, Dennis Buechler. Brad Coors. Jeffrey Crawford. Tim Glenn. Roy McAnally. Richard Ray
Ex Officio Members, Harris Shennan and John Stulp