Stream: Middle Creek (Lower Segment) Executive Summary

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Staff Analysis and Recommendation Summary The information contained in this report and the associated instream flow file folder forms the basis for staff's instream flow recommendation to be considered by the Board. It is staff's opinion that the information contained in this report is sufficient to support the findings required in Rule 5.40. 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. The Colorado Division of Wildlife CDWO) recommended this segment of Middle Creek to the CWCB for inclusion into the Instream Flow Program. Middle Creek 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. Middle Creek is approximately 14.5 miles long. It begins on the northeast side of Deer Peak at an elevation of 10,200 feet and generally flows in an easterly direction until it terminates at the confluence with Squirrel Creek at an elevation of 6,780 feet. Of the 6.72 mile segment addressed by this report, approximately 66% of the segment is located on federal lands. Middle Creek is located within Custer and Pueblo. The subject of this report is a segment of the Middle Creek beginning at the confluence with Ophir Creek and extending downstream to the Beulah Water Works Diversion. The proposed segment is located approximately 14 miles southeast of the town of Silver Cliff. Staff has received only one recommendation for this segment, from the CDOW. The recommendation for this segment is discussed below. Instream Flow Recommendation The CDOW is recommending 5.1 cfs (April 1 — August 31) and 2.8 cfs (September 1 — March 31), based on their data collection efforts and staff's water availability analyses. Land Status Review Upper Terminus Lower Terminus Total Length (miles) Land Ownership % Private % Public Confluence w/ Beulah Water 6.72 34% 66% O hir Creek Works Diversion 100% of the public lands are managed by the U.S. Forest Service -2-