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0 <br />Summary <br />The information contained in this report and the associated instream flow file folder forms the <br />basis for staff's instream flow recommendation to be considered by the Board. It is staff's <br />opinion that the information contained in this report is sufficient to support the findings required <br />in Rule 5.40. <br />Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature <br />recognized "the need to correlate the activities of mankind with some reasonable preservation of <br />the natural environment" (see 37 -92 -102 (3) C.R.S.). The statute vests the CWCB with the <br />exclusive authority to appropriate and acquire instream flow and natural lake level water rights. <br />In order to encourage other entities to participate in Colorado's Instream Flow Program, the <br />statute directs the CWCB to request instream flow recommendations from other state and federal <br />agencies. The Bureau of Land Management recommended this segment of Badger Creek to the <br />CWCB for an enlarged water right under the Instream Flow Program. Badger Creek is being <br />considered for an enlargement because it has a natural environment that can be preserved to a <br />reasonable degree with an enlarged instream flow water right. The BLM is very interested in <br />protecting stream flows for multiple reasons. First, Badger Creek is the subject of ongoing <br />partnership efforts between BLM, U.S. Forest Service, and private landowners to improve <br />watershed, aquatic, and riparian conditions. Second, Badger Creek provides important brown <br />trout spawning habitat for the Arkansas River brown trout population because of its very stable <br />flow rates and good water quality. <br />Badger Creek is 29.8 miles long. The portion of the creek with perennial flow begins at a series <br />of very large springs near Antelope Gulch at an elevation of approximately 8850 feet. Although <br />maps show the stream extending upstream from this location, the stream has an ephemeral flow <br />pattern above the springs. Badger Creek terminates at the confluence with the Arkansas River <br />near Wellsville at an elevation of approximately 6,750 feet. Of the 16.4 mile segment addressed <br />by this report, 90 percent is located on public lands. Bader Creek is located within Fremont <br />County. The total drainage area of the creek is approximately 211 square miles. Badger Creek <br />generally flows in a southerly direction. <br />The subject of this report is a segment of Badger Creek beginning at a large spring complex in <br />SE /4 SE /4, Section 13, T51N R10E, and extending downstream to the confluence with the <br />Arkansas River (see Map Appendix D). The proposed segment is located east of the City of <br />Salida. The staff has received only one recommendation for this segment, from the BLM. The <br />recommendation for this segment is discussed below. <br />Instream Flow Recommendations) <br />BLM recommended an enlargement of 2.50 cfs during the summer, based on its August 23, 2005 <br />and August 14, 2004 data collection efforts (see Appendix A). The modeling results from this <br />survey effort are within the confidence interval produced by the R2Cross model. <br />Land Status Review <br />Total Length Land Ownership <br />Upper Terminus Lower Terminus I (miles) % Private I % Public <br />-2- <br />