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Attachment B -Examples of past ISF Increases Hunter Creek The first enlargements were appropriated by the Board in 1979 for three segments of Hunter Creek near Aspen. The original 1975 Hunter Creek appropriations were for a single, year-round flow amount. The enlargements increased flows for that same year-round period, without any seasonal distinction. These enlarged flow recommendations were the result of additional, detailed biologic and aesthetic studies conducted by the USFS, USFWS and DOW as part of the permitting process for the Fryingpan-Arkansas Project. The enlarged filings were a critical component in the 1979 MOA between the State, Pitkin County, Aspen, and SEWCD which allowed the project to move forward. Starvation Creek In 1980, the Board appropriated an enlargement for Starvation Creek in Saguache County. The original 1976 appropriation was for a single, year-round flow amount. This enlargement added an additional 1.5 cfs year-round to the decreed instream flow, without any seasonal distinction. Gore Creek and Black Gore Creek In 1985, the Bureau of Reclamation was conducting an EIS to evaluate the impact of marketing water from Green Mountain Reservoir. Additionally, the Board was also negotiating a settlement of Vail Valley Consolidated Water District application for an augmentation plan on Gore Creek utilizing water from Green Mountain Reservoir. Additional biologic and hydrologic analyses were undertaken to evaluate projected depletions and impacts to the natural environment which may result from both proposed actions. DOW had designated Gore Creek as a Gold Medal Fishery, and the additional studies indicated that the Board's existing 1977 instream flow appropriation was not adequate to preserve the natural environment during the month of October when the brook and brown trout are spawning. As a result, the Board voted to extend the existing summer instream flow amounts for Gore Creek and Black Gore Creek through the month of October, thereby enlarging the decreed flows through the October spawning period. The enlargements facilitated settlement of the VVCWD augmentation plan and allowed the Bureau's water marketing program to move forward without environmental impacts. Snowmass Creek Iu 1992, the Board filed a Statement of Opposition to a water right application filed by the Aspen Ski Corporation which contemplated diversions from Snowmass Creek. The Board's 1976 decree on Snowmass Creek was for an 11 mile, single flow amount. As part of settlement negotiations, DOW and the Ski Corp. conducted additional biologic studies to verify the instream flow requirements for Snowmass Creek in the specific reach of stream affected by the Ski Corp diversion. In addition to indicating a need for reduced flows during the winter months, the studies also identified a need for increased flows during the summer months. Settlement of this case resulted in a formal modification of the 1976 Snowmass Creek decree to reduce winter instream flows, and appropriation of an enlargement to increase summer instream flows. Controversy associated with the reduction of a decreed instream flow water right prompted the Legislature to pass SB 96-64 which affirmed the Board's authority to modify instream flow decrees, and outlined detailed procedures for modifications. The legislation required a detailed public review and comment period for any proposed reductions in flow, and directed the Board to handle enlargements to flow as new water right appropriations.