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• Board Meeting Date: 5/20/2008
• Description: ISF Section - Uncontested 2008 Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

Water Availability Studies
The CWCB Staff has conducted an evaluation of water availability for 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
Sf. Date of Appropriation. The Board may select an appropriation date that maybe 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 under
Rule 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.
(3) Material Injury. That such environment can exist without material injury to water rights.
These determinations shall be subject to judicial review in the water court application and
decree proceedings initiated by the Board, based on the Board's administrative record
and utilizing the criteria of § 24-4-106(6) and (7), C.R.S. (1999).
Staff Recommendation
Staff requests that the Board make the following determinations and take the following actions
on each of the appropriations based on the information contained in this memo as well as the
information presented by staff both in writing and orally at the January 23, 2008 Board meeting.
(1) Determine, pursuant to section 3 7-92-102(3 ), CRS, and based upon the recommendations
of the BLM, DOW, and/or TU, a review of the data and other information presented by Staff, in
this memo and orally, and Staff s recommendation for Instream flow appropriations on the
streams identified; that:
(a) A natural environment does exist on each stream;