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Jay Skinner, CD OW Water Unit Program Manager John Alves, CD OW Aquatic Biologist John Tonko, CD OW Southeast Water Rights Specialist Cc Mark Uppendahl Colorado Division of Wildlife Instream Flow Program Coordinator If you have any questions regarding this evaluation, please feel free me at (303)-291-7267 to contact CDOW staff have visited the site and have met with Charles Nearburg's representatives to discuss this proposal. Based on the amount of stream habitat improvements completed, the documented increase in the fish biomass and the low frequency of times when the Board's instream flow amounts could be impacted, the CD OW recommends the CWCB approve the proposed injury with mitigation plan. The CD OW is forwarding this evaluation of the plan to the CWCB to meet the State of Colorado's policy"... that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment ofthe people of this state and its visitors..." C.R.S. ~ 33-1-101 (1). The CDOW Strategic Plan states "Healthy aquatic environments are essential to maintain healthy and viable fisheries, and critical for self-sustaining populations. The Division desires to protect and enhance the quality and quantity of aquatic habitats. Recommendation Mr. Nearburg will commit to maintain the structures and improvements in Trout Creek that provide the mitigation benefits, and acknowledge that any injurious diversions to the new structures would cease in the event the mitigation structures and improvements in Trout Creek are not maintained. Mr. Nearburg will also allow access for CWCB and CDOW staff to inspect the mitigation structures, subject to reasonable limits and provisions for advance notice. Mr. Nearburg has also agreed to confer with the CDOW concerning best management practices for the Trout Creek Fishery Channel Nos. 1-5 structures to reduce the potential spread of whirling disease Mr. Nearburg has also agreed to limit his right to the undecreed historical fishery diversions through the Caster Ditch (from 4 c.f.s. down first to 1 c.f.s, and then to 0.5 c.f.s.) at times when flows in Trout Creek are below the decreed ISF amount to minimize the impact on streamflows in Trout Creek. Because these fishery diversions were occurring on or before August 16, 1982, the date the CWCB appropriated the Trout Creek ISF, the Trout Creek ISF has to recognize these diversions as being senior under section 37 -92-102(3)(b), c.R.S.. In addition, Surface diversions from Trout Creek into the Channels will be limited to the period from May 1 to October 15 with no surface diversions occurring during the period from October 16 to April 30 i' ,. of three criteria were satisfied at a flow rate of 15 c.f.s. At Station 3 (a restored stream meander location) the flow was concentrated to one side of the stream channel and the channel width was somewhat wider than at Station 2, 55 feet vs. 45 feet. At a flow rate of 15 cfs, Station 3 meets 2 of 3 criteria with average depth equaling 0.60 feet and average velocity equaling 1.34 feet per second. These findings are significant because, under the current injury with mitigation proposal, diversions of I c.f.s. into the Channels will occur only when the gaged flow in Trout Creek is above 25 c.f.s. or when 3 of 3 criteria are satisfied in restored riffle locations. When gaged flows drop below 25 c.f.s., then diversions into the Channels will be limited to 0.5 c.f.s., and diversions will cease entirely when the gaged flow in Trout Creek is below 15 c.f.s.. As noted above, the restored benefits to the natural environment extend to over 8500 linear feet of Trout Creek, while the limited impacts from diversions into the Channels will affect approximately 2700 feet of the ISF reach. Thus, the analysis performed by Wright Water demonstrates that the stream restoration work performed by Mr. Nearburg in 1998 provided significant benefits to the natural environment on Trout Creek.