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~"^"" ~a United States Forest Grand Mesa, 2250 Highway 50 Ar; ~~~;;. Department of Service Uncompahgre and Delta, CO 81416 •• Agriculture Gunnison Voice: 970-874-6600 National Forests TDD: 97O-874-6660 File Codc: 2540 Date: January 10, 2005 Mr. Dan Merriman and Mr. Todd Doherty Colorado Water Conservation Board -Stream and Lake Protection Section 1313 Sheramn Street, Room 723 Denver, CO 80203 Dear Dan and Todd, The Graid Mesa, Uncompahgre and Gunnison National Forest would like to recommend protection of instream flows within the national forest for both the East Fork and Middle Fork of Escalante Creek. From our perspective the flow amounts and periods recorntnended for protection represent the minirnutn necessary to preserve the aquatic valuse associated with these streams flowing across the national forest. The streams originate on the Uncompahgre Plateau and are tributary to the Gunnison River. They are located primarily within Mesa County. Forest Service personnel performed the field surveys in June 2004, with some assistance by Trout Unlimited. This work was done in a coordinated fashion with efforts undertaken by the Bureau of Land Management on lands they managed below the national forest. Over 90% of the Escalante basin from its headwaters to the confluence with the Gunnison River is public land ownership. Within the reaches recommended on Middle Fork and East Fork Escalante there are no private parcels. The only non-federal parcel is property owned by the Colorado Division of Wildlife at the confluence of the two streams. Due to the ownership, these lands and the streams that flow through there are relatively pristine and important in thier contribution to ecological sustainability and diversion of aquatic and riparian ecosystems. The issrte of water availability and ability to provide good estimates on stream flows is a topic that concerns us. The use of existing tools tnay be providing inaccurate information that is then used to reduce recommended protection levels below what field based surveys have suggested are necessary to protect the environment to a reasonable degree. Given that the prior appropriation system dictates the administration of rights in priority during times of shortage, senior water rights holders would not be injured in the event the instream flow right exceeds the stream flow. We are advocating that on headwater streams located on public lands, this be given consideration in the development of recommended protection. `ny'^; ~~ai~33:~ tF:Y :~it` t ssa:~ :f~td ru•i t~f»u t~...,o.t•. ........... . _ Ssf~T