10 ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: ISF Section - Uncontested 2007 Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

subsequently filed a notice to contest the appropriation. The County was primarily concerned
about water availability and the impact the appropriation could have on the future development
of the Wilderness Ranch Subdivision. Moffat County has since withdrawn its notice to contest
(attached).
Natural Environment Studies
The Bureau of Land Management (BLM) has conducted field surveys on these streams and
found a natural environment which can be preserved. To quantify the resources and to evaluate
instream flow and natural lake level requirements, the BLM staff collected biologic and
hydraulic data, and the CWCB staff reviewed and analyzed this data. Based on the results of
these reviews/analyses, the CWCB staff prepared recommendations for the amount of water
necessary to preserve the natural environment to a reasonable degree for these streams.
Water Availability Studies
The CWCB Staff has conducted an evaluation of water availability on these streams. To
determine the amount of water physically available for the Board's appropriations, staff analyzed
available USGS gage records, available streamflow models, and/or utilized appropriate standard
methods to develop a hydrograph of mean or median monthly flows for each recommendation.
Staff also relied upon the flow measurements made as part of the field survey as an indicator of
the amount of water physically available in this stream. Staff also analyzed the water rights
tabulation and consulted with the Division Engineer's Office to identify any potential water
availability problems. Based upon its analysis, staff has determined that water is available for
appropriation on each stream to preserve the natural environment to a reasonable degree without
limiting or foreclosing the exercise of valid water rights.
Relevant Instream Flow Rules
For each stream listed in the attached list of instream flow recommendations, the staff advises
that the Board proceed as provided in Instream Flow Rules Sf., Sh. and Si.:
Sf. Date of Appropriation. The Board may select an appropriation date that may be no earlier
than the date the Board declares its intent to appropriate. The Board may declare its intent to
appropriate when it concludes that it has received sufficient information that reasonably supports
the findings required in Rule Si.
Sh. Final Board Action on an ISF Recommendation. The Board may take final action on any
uncontested Staff Recommendation(s) at the May Board meeting or any Board meeting
thereafter. If a Notice to Contest has been filed, the Board shall proceed underRule Sj-Sq.
Si. Required Findings. Before initiating a water right filing to confirm its appropriation, the
Board must make the following determinations:
(1) Natural Environment. That there is a natural environment that can be preserved to a
reasonable degree with the Board's water right if granted.
(2) Water Availability. That the natural environment will be preserved to a reasonable degree
by the water available for the appropriation to be made.
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