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Introduction <br />Diversion Structures <br />Irrigation diversions from the mainstem of the Yampa River are made using a variety of <br />structures. However, they can generally be classified as one of three types--fixed or temporary <br />structures to facilitate gravity diversions, or pumps. The fixed structures are mainly rock dams <br />that survive intact from year to year. The temporary structures tend to be gravel berms and <br />wing dams pushed into place using heavy equipment; these structures usually wash out during <br />the next runoff or significant storm. Pump diversions may or may not include in-stream <br />excavations or structures to pond or redirect river flows toward intakes. <br />Irrigation diversions occur primarily between May and September with crop watering <br />requirements being greatest in July and August. It is also in July that the runoff hydrograph <br />drops most significantly. As a result, instream activities to maintain and rebuild diversion <br />structures typically take place in July and early August as irrigators strive to get enough water <br />to their pumps or headgates. Because these rebuilt structures typically only need to be effective <br />for a month or two they are mainly temporary in nature; those that are not breached by internal <br />erosion within a few months are usually washed out the following spring. <br />Section 404 of the Clean Water Act calls for federal regulation of activities that result in <br />dredging or filling of streams. However, there is in the legislation itself a broad agricultural <br />exemption to this requirement that permits irrigators to maintain their diversion facilities <br />without federal regulation. Section 9 of the Endangered Species Act creates federal regulatory <br />authority over private activities that "harass or harm" endangered species; however it remains <br />to be resolved whether habitat modification (such as might occur with diversion structure <br />maintenance in the lower reaches of the Yampa) constitutes such "harassment". Accordingly, <br />most of the activities related to creating and maintaining diversion structures along the Yampa <br />River mainstem have historically been unmonitored and unregulated. <br />PROBLEM STATEMENT <br />Because instream maintenance of diversion facilities takes place at about the same time as <br />Colorado River squawfish are believed to migrate upstream, concerns have been raised about <br />the effects of diversion structures and the related instream construction activities on the <br />endangered fish. These concerns relate both to fish passage and to habitat disturbance. <br />Somewhat lesser but still important concerns relate to the effects diversion structures have on <br />recreational activities such as boating and fishing and the implications for water rights <br />administration of increasing the "passibility" of diversion structures. <br />Diversion structures can impede fish passage by creating drops that are too high for fish <br />to overcome, by directing river flows through rock and rubble interstices to small for adult fish <br />to swim through, and by reducing downstream flow depths to levels that do not permit passage. <br />Porous structures such as rubble dams which block some but not all channels of the river can <br />also create "false passages", drawing upstream migrating fish away from channels that might <br />permit passage. These characteristics, as well as construction activities themselves, may result <br />in potential adverse impacts to the listed fishes. <br />1-4