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• Board Meeting Date: 7/11/2007
• Description: ISF Section - Hat Creek Water Right Acquisition
• Board Meetings - Doc Type: Memo

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donation to the Board of the Hat Creek Right and its change to instream flow uses. Nothing
herein shall diminish the Board's right to exercise its discretion regarding
enforcement of instream flow water rights; however, the Board acknowledges that the
intended use of the Hat Creek Right is to preserve the natural environment to a
reasonable degree.

5. Existina Instream Flow Water Riahts and Natural Environment

The Board currently holds instream flow water rights on Hat Creek and East Brush Creek that
could benefit from this acquisition.

Case No. Stream Reach
87CW271 Hat Creek headwaters to
East Brush Creek

Amount lds)
2 (May 1 - Sept. 30)
1 (Oct. 1 - April 30)

Approp. Date
10-2-1987

77W3627 East Brush Creek Lake Charles to
West Brush Creek

7 (May 1- Sept. 30)
4 (Oct. 1 - April 30)

7-27-1977

Hat Creek is classified as a small stream (between 10 to 19 feet wide). Fishery surveys indicate
that the stream environment of Hat Creek supports a self-sustaining population of Colorado
River cutthroat trout upstream of a series of high-gradient waterfalls located approximately
1,000 feet above the Hat Creek Ditch point of diversion. 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 (described below).

East Brush Creek is classified as a medium stream (between 20 to 35 feet wide). Fishery
surveys indicate that the stream environment of East Brush Creek supports self-sustaining
populations of brook and brown trout.

6. Natural Flow Reaimes of Hat Creek and East Brush Creek

Hat Creek originates from an elevation of approximately 11,000 feet near the Yeoman Park in
the White River National Forest. There is no gaging station on Hat Creek. A water availability
analysis performed by CWCB staff in 1985 estimated mean monthly streamflows ranging from
1.6 cfs in February to 57 cfs in June.

East Brush Creek also originates in the vicinity of the Yeoman Park in the White River National
Forest. Streamflow data from an abandoned USGS gage located upstream of the confluence
with Hat Creek (East Brush Creek At Yeoman Park, Near Eagle, Co.) indicates that the mean
monthly average for the period of 1965-1972 ranged from 2.5 cfs in February to approximately
71 cfs in June. East Brush Creek appears to be a gaining stream as it flows toward Brush
Creek.

7. Proposed Use of the Hat Creek Ditch Water Riaht

Staff recommends that the Board use the acquired right to preserve the natural environment to
a reasonable degree in Hat Creek and East Brush Creek in the following reaches:

Hat Creek -- from the headgate of the Hat Creek Ditch downstream approximately 1/2 mile to
the confluence with East Brush Creek.

East Brush Creek - from the confluence with Hat Creek downstream to the confluence with
Brush Creek.

Flood Protection' Water Project Planning and Fmance . Stream and Lake Protection
Water Supply Protection. Conservation Planning