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<br />Summary <br />The information contained in this report and the associated in stream flow file folder tlJrms the <br />basis for staff s in stream flow recommendation to be considered b~v the Board. It is staff s <br />opinion that the information contained in this report is sufficient to sJpport the findings required <br />in Rule 5.40. I <br /> <br />Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature <br />recognized "the need to correlate the activities of mankind with some I reasonable preservation of <br />the natural environment" (see 37-92-102 (3) C.R.S.). The statute...rests the CWCB with the <br />exclusive authority to appropriate and acquire instream flow and nal~lrallake level wate:r rights. <br />In order to encourage other entities to participate in Colorado's Instream Flow Program, the <br />I <br />statute directs the CWCB to request instream flow recommendations from other state and federal <br />agencies. The Bureau of Land Management recommended this segment of Deer Park Creek to <br />the CWCB for inclusion into the Instream Flow Program. Deer par~ Creek is being considered <br />for inclusion into the Instream Flow Program because it has a naturdl environment that can be <br />I <br />preserved to a reasonable degree with an instream flow water right. 1be BLM is very interested <br />in protecting stream flows because Deer Park Creek is one of the few creeks with sufficitmt <br />I <br />water quality to support a salmonid fishery in this historic mining district. Many other streams in <br />this district are contaminated with heavy metals. <br /> <br />Deer Park Creek is 3.6 miles long. It begins near Whitehead Peak and the Continental Divide at <br />an elevation of approximately 12,800 feet. It terminates at the confluence with the Animas River <br />at an elevation of approximately 9,100 feet. Approximately 10.0% (0.136 miles is private - the <br />I <br />remainder is BLM) of the 3.6-mile segment addressed by this report is Ilocated on federal lands. <br />Deer Park Creek is located within San Juan County. The total drainagt:: area of the creek is <br />approximately 3.7 square miles. Deer Park Creek geuerally flows in a resterlY direction. <br /> <br />The subject of this report is a segment of Deer Park Creek beginning at the headwaters and <br />I <br />extending downstream to the confluence with the Animas River. jThe proposed segment is <br />located southeast of the Town of Silverton. The staff has received only one recommendation for <br />this segment, from the BLM. The recommendation for this segment is idiscussed below. <br /> <br />Instream Flow Recommendation(s) <br /> <br />BLM recommended 2.0 cfs (May 1 to October 31), and 1.0 cfs (November 1 to April 30) (see <br />Appendix A). The modeling results from these survey efforts are withiJn the confidence interval[ <br />produced by the R2Cross model. <br /> <br />Land Status Review <br /> <br />Upper Terminus <br />Headwaters <br /> <br />Lower Terminus <br />Confluence with <br />Animas River <br /> <br />Total Length <br />(miles) <br /> <br />3.6 <br /> <br />jLand Ownership j <br />% Priivate % Public <br /> <br />10.9% 90,()% <br /> <br />- 2 - <br />