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Last modified
8/16/2009 2:34:15 PM
Creation date
11/30/2007 11:41:22 AM
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Board Meetings
Board Meeting Date
11/18/2007
Description
ISF Section - Contested Instream flow Appropriation Hearing - Badger Creek
Board Meetings - Doc Type
Memo
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Summary <br />The information contained in this report and the associated appendix forms the basis for staff's instream <br />flow recommendation to be considered by the Board. It is staff's opinion that the information contained in <br />this report is sufficient to support the findings required in Rule Si. <br />Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature recognized <br />"the need to correlate the activities of mankind with some reasonable preservation of the natural <br />environment" (see 37-92-102 (3) C.R.S.). The statute vests the CWCB with the exclusive authority to <br />appropriate and acquire instream flow and natural lake level water rights. In order to encourage other <br />entities to participate in Colorado's Instream Flow Program, the statute directs the CWCB to request <br />instream flow recommendations from other state and federal agencies. The Bureau of Land Management <br />recommended this segment of Badger Creek to the CWCB for an enlarged water right under the Instream <br />Flow Program. Badger Creek is being considered for an enlargement because it has a natural environment <br />that can be preserved to a reasonable degree with an enlarged instream flow water right. The BLM is very <br />interested in protecting stream flows for multiple reasons. First, Badger Creek is the subject of ongoing <br />partnership efforts between BLM, U.S. Forest Service, and private landowners to improve watershed, <br />aquatic, and riparian conditions. Second, Badger Creek provides important brown trout spawning habitat <br />for the Arkansas River brown trout population because of its very stable flow rates and good water quality. <br />Badger Creek is 29.8 miles long. The portion of the creek with perennial flow begins at a series of very <br />large springs near Antelope Gulch at an elevation of approximately 8850 feet. Although maps show the <br />stream extending upstream from this location, the stream has an ephemeral flow pattern above the springs. <br />Badger Creek terminates at the confluence with the Arkansas River near Wellsville at an elevation of <br />approximately 6,750 feet. Of the 16.4 mile segment addressed by this report, 90 percent is located on <br />public lands. Bader Creek is located within Fremont County. The total drainage area of the creek is <br />approximately 211 square miles. Badger Creek generally flows in a southerly direction. <br />The subject of this report is a segment of Badger Creek beginning at a large spring complex in SE/4 SE/4, <br />Section 13, TS 1N R10E, and extending downstream to the confluence with the Arkansas River (see Figures <br />2 and 3). The proposed segment is located east of the City of Salida. The staff has received only one <br />recommendation for this segment, from the BLM. The recommendation for this segment is discussed <br />below. <br />Justification for Enlargement <br />BLM has determined the existing Instream Flow regime, a single year-round discharge value, is inadequate <br />to protect the natural environment to a reasonable degree. This determination results from an assessment of <br />the importance of a snowmelt-dominated flow regime to, among other things, the geomorphology of Badger <br />Creek. The single discharge value fails to provide for the periodic higher flows needed to remove <br />accumulated sediment, provide spawning trigger flows, ameliorate high solar radiation loading, and provide <br />adequate suitable habitat in the absence of bank vegetation and overhanging banks. As a result, BLM <br />completed additional field data collection and concluded all three of the flow factors considered (wetted <br />perimeter, depth and velocity) had to be protected in the Instream Flow Water Right. With the existing <br />year-round flow only two of the target values for these factors were regularly achieved. Only by increasing <br />the ISF values could the three factors, and the resulting geomorphic and biologic functions, be protected to a <br />reasonable degree. <br />
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