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• Board Meeting Date: 7/11/2007
• Description: ISF Section - Willow Creek and Beaver Creek New Appropriations in Moffat County
• Board Meetings - Doc Type: Memo

Summar')'
The information contained in this report and the associated appendix forms the basis for the
instream flow recommendation to be considered by 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 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 (BLM) recommended this segment of Beaver Creek
to the CWCB for inclusion into the Instream Flow Program. Beaver 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 forwarding this recommendation to the CWCB for multiple reasons. The stream
supports brook trout in the lower portion of the reach and Colorado River Cutthroat Trout in the
upper portion of the reach. BLM's wildlife management policy is to establish alternative means
of protecting the habitat of sensitive species to prevent the listing of species under the
Endangered Species Act. In addition, the stream reach flows through BLM's West Cold Spring
Wilderness Study Area and BLM is interested in maintaining the pristine character of the creek.
Despite the roadless character of the reach, there is still potential for the reach to be dewatered,
because the reach is located midstream and private lands are located upstream. Finally, the creek
supports a healthy and diverse riparian community.

Beaver Creek is approximately 14.5 miles long. It begins on the south flank of Middle Mountain
at an elevation of approximately 9200 feet and terminates at the confluence with the Green River
at an elevation of 5,400 feet. Approximately one mile of the creek flows through the State of
Utah. The entire reach addressed by this report is located on public lands. Beaver Creek is
located within Moffat County. The total drainage area of the river is approximately 44.2 square
miles. Beaver Creek generally flows in a southerly direction.

The CWCB holds an existing instream flow water right on Beaver Creek downstream from the
segment recommended in this report. The existing instream flow water right begins at the Utah-
Colorado border and extends 4.7 miles downstream to the headgate of the Jarvee Ditch. The
instream flow right for this reach holds a 1992 priority for 3.25 cubic feet per second from April
1 through August 31, and 2.0 cfs from September 1 through March 31.

The subject of this report is a segment of the Beaver Creek beginning at the private-public land
boundary (located at SW NW Section 10, TUN, R103W, 6th PM) and extending downstream to
the Utah-Colorado border. The proposed segment is located north of Brown's Park National
Wildlife Refuge and Dinosaur National Park. The staff has received one recommendation for
this segment from the BLM. The recommendation for this segment is discussed below.