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2 <br />These investments have improved riparian and aquatic habitat conditions, and have <br />resulted in improved public access to the creek. BLM believes that healthy creeks with <br />public access deserve the fullest measure of protection possible under the CVtjCB <br />instream flow program. <br />BLM believes that the current right of 3 cfs year-round is insufficient to protect the <br />reliable flow regime that created the aquatic and riparian conditions found in Badger <br />Creek. The USGS Badger Creek gage shows base flaw during the months outside <br />snowmelt runoff ranges between five and six cfs in average years. Because the stream is <br />supplied primarily by a large complex of springs in the headwaters, the gage data reveals <br />a highly reliable base flow, and extremely low flours are very rare. Badger Creek's <br />channel is formed mostly in sands and gravels over bedrock. The stability of this stream <br />morphology is dependent upon the stability of this flow regime. <br />As displayed in the cross section data collected by BLM, a flow level of three cfs meets <br />only two of three instream flow criteria in some cross sections, and only one criterion in <br />others. If the flow regime were maintained at 3 cfs, physical habitat would be very <br />limited. Further, the shrub and tree component of the riparian plant community along <br />Badger Creek is limited or lacking. The opportunity for fish habitat created through <br />shading and overhanging banks is thus also limited or lacking. As a consequence, fish <br />must rely upon open water areas with suff dent depth and velocity for suitable habitat. <br />Stream temperatures in Beaver Creek are also of concern to BLM. As mentioned <br />previously, Badger Creek has very little vegetative shading to ameliorate high <br />temperatures. Complicating this is the fact that Badger Creek is located in a low <br />elevation, high temperature valley. BLM has consistently measured water temperatures <br />in the range of 18 to 20 degrees Celsius during August and September, very near the <br />temperatures at which salmonids experience heat stress. If flows were reduced below the <br />current average base flow rate, velocities would be expected to decrease, as would water <br />exchange rates. Both of these actions would increase stream temperatures. <br />Badger Creek supports aself-sustaining brawn trout fishery. BLM believes this fishery is <br />augmented by fish from the Arkansas River that enter Badger Creek to spawn. Since <br />brown trout spawning typically occurs during late September and October, BLM believes <br />it is important to protect flows that provide as much spawning habitat as possible. <br />According to the stream gage records far Badger Creek, there is sufficient flow in Badger <br />Creek to support an enlargement during the September -October period. <br />BLM believes that maintaining a winter flow rate of three cfs adequately protects the <br />natural environment to a reasonable degree. During this period, temperatures are lower <br />and fish activity is at its lowest. A flaw of three cfs will provide adequate water <br />exchange in pools where the fish overwinter. As mentioned above, three cfs meets two <br />of three instream flow criteria in most of the reaches sampled by BLM, so the existing <br />winter appropriation is consistent with the CWCB's current statewide approach for <br />protecting flows during winter months. <br />