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<br />e <br /> <br />e <br /> <br />Summary <br />The information contained in this report and the associated instream flow file folder forms the <br />basis for staff s instream flow recommendation to be considered by the Board. It is staff s <br />opinion that the information contained in this report is sufficient to support the findings required <br />in Rule 5.40. <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 reasonable preservation of <br />the natural environment" (see 37-92-102 (3) C.R.S.). The statute vests the CWCB with the <br />exclusive authority to appropriate and acquire instream flow and natural lake level water rights. <br />In order to encourage other entities to participate in Colorado's Instream Flow Program, the <br />statute directs the CWCB to request in stream flow recommendations from other state and federal <br />agenCIes. Maggie Gulch is being considered for inclusion into the Instream Flow Program <br />because it has a natural environment that can be preserved to a reasonable degree with an <br />instream flow water right. The BLM is very interested in protecting stream flows because <br />Maggie Gulch is one of the few creeks with sufficient water quality to support a salmonid fishery <br />in this historic mining district. Many other streams in this district are contaminated with heavy <br />metals. <br /> <br />Maggie Gulch is 4.7 miles long. It begins near the Continental Divide at an elevation of <br />approximately 12,400 feet. It terminates at the confluence with the Animas River at an elevation <br />of approximately 9,700 feet. Approximately 36% (1.7 miles is private - the remainder is BLM) <br />of the 4.7-mile segment addressed by this report is located on federal lands. Maggie Gulch is <br />located within San Juan County. The total drainage area of the creek is approximately 5.5 square <br />miles. Maggie Gulch generally flows in a northwesterly direction. <br /> <br />The subject of this report is a segment of Maggie Gulch beginning at the headwaters and <br />extending downstream to the confluence with the Animas River. The proposed segment is <br />located northeast 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 discussed below. <br /> <br />Instream Flow Recommendation{s) <br /> <br />BLM recommended 2.5 cfs (May 1 to Oct. 31), and 1.5 cfs (November 1 to ApriI30)(see <br />Appendix A). The modeling results from these survey efforts are within 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 />4.7 <br /> <br />Land Ownership <br />% Private % Public <br /> <br />36% <br /> <br />64% <br /> <br />64% of the reach is located on federal lands. <br /> <br />- 2- <br />