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Staff Analysis and Recommendation <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 (BLM) recommended this segment of Cochetopa <br />Creek to the CWCB for an increased water right under the Instream Flow Program. Cochetopa <br />Creek is being considered for an increase because it has a natural environment that can be <br />preserved to a reasonable degree with an increased instream flow water right. <br />Cochetopa Creek is approximately 52.5 miles long. Cochetopa Creek originates on the eastern <br />flank of San Luis Peak at an elevation of 12,500 feet and flows generally north as it drops to an <br />elevation of 7,660 feet at its confluence with Tomichi Creek. Approximately 60 percent of the <br />land on the 12.92 mile segment addressed by this report is on federal lands. Cochetopa Creek is <br />located within Saguache County. <br />The subject of this report is a segment of Cochetopa Creek beginning at the confluence with <br />Alkali Creek and extending downstream to the headgate of the South Krueger Ditch. The <br />proposed segment is located approximately 8 miles southeast of Gunnison. Staff has received <br />one recommendation for this segment, from the BLM. The recommendation for this segment is <br />discussed below. <br />Justification for Instream Flow Increase <br />The Cochetopa Creek channel is large, with riffles typically ranging from 30 to 40 feet in width. <br />The channel is also characterized by medium to large size substrate, which tends to reduce water <br />velocities. Substantial flow rates are required to maintain sufficient depth and velocity for <br />salmonids in this type of environment. <br />BLM believes the reason that the creek supports a healthy and productive fishery is that the creek <br />very consistently experiences significantly more water than the current instream flow <br />appropriation. During the warm weather period of May through mid- November, gage data <br />reveal the creek experiences flows that are typically three to ten times the current insteam flow <br />water right. <br />According to the data collected by BLM, the current instream flow water rights is capable of <br />meeting two of the three instream flow criteria during the winter. However, the current instream <br />flow water right is not capable of meeting three of three instream flow criteria during summer, <br />-2- <br />