Agenda Item 26: Arkansas River ISF Appropriation

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Water Works, Pueblo Conservancy District or private individuals have various easements and management agreements related directly to the Legacy Project. Instream Flow and Biological Investigations The information contained in this memorandum and in the appendix, forms the basis for the instream flow action requested of the Board. It is staff's opinion that the information contained in this report is sufficient to support the findings required in Rule 5 i. Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature recognized "the need to correlate the activities of mankind with some reasonable preservation of the natural environment" (see 37 -92 -102 (3) C.R.S.). The statute vests the CWCB with the exclusive authority to appropriate and acquire instream flow and natural lake level water rights. In order to encourage other entities to participate in Colorado's Instream Flow Program, the statute directs the CWCB to request instream flow recommendations from other state and federal agencies. Arkansas River is being considered for inclusion into the Instream Flow Program because it has a natural environment that can be preserved to a reasonable degree with an instream flow water right. The CDOW is forwarding this stream flow recommendation 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 of the people of this state and its visitors ... and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, and development of wildlife habitats and facilities for wildlife- related opportunities" 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." The Arkansas River is approximately 324 miles long from its headwaters to the Colorado - Kansas stateline. It begins at the confluence of Lake Creek and the Lake Fork of the Arkansas River at an eleveation of approximately 9100 feet and flows southeasterly until it reaches the Colorado - Kansas stateline at an elevation of approximately 3800 feet. These segments of the Arkansas River are located within Pueblo County. The total drainage area of this segment of the Arkansas River is approximately 4778 square miles. The CWCB Staff is uncomfortable about appropriating an instream flow water right in the concrete lined channelized reach of the Arkansas River because it has such a non - natural appearance. For this reason, staff recommends that that the instream flow water right for two separate reaches. The first reach would be from the outlet of the fish hatchery down to the beginning of the channelized reach. The second reach would be from the end of the channelized reach down to the confluence of the Arkansas River and Fountain Creek. Below is a summary of the segments and a map. Fish Hatchery Concrete Levee 5.7 miles Concrete Levee Fountain Creek 1.0 mile Length of Stream Reach within the Concrete Levee 1.9 miles 4