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0 a <br />Morrison Creels Appropriation <br />Recommendation Letter <br />Page 2 of 5 <br />absolute, from April l through August 14; and 47.5 c.f.s. from August 15 through March 31, in <br />Case No. 01CW106, Water Division No. 6. <br />B. DRAFT HABITAT ASSESSMENT <br />In the interest of protecting and improving the unique aquatic habitat of Morrison Creek, the <br />Parties engaged a private consulting firm to analyze the existing conditions and to identify a course <br />of action to maintain and improve those conditions. <br />Habitech, Inc. conducted a site visit and habitat assessment on August 23, 2008. On <br />September 16, 2008, Habitech, Inc. sent to counsel for the Parties a DRAFT Summary of Morrison <br />Creek Site Visit and Habitat Assessment (the "Draft Assessment"). A copy of the Draft Assessment <br />is attached hereto as Appendix B. The Draft Assessment describes the methods that were used to <br />analyze channel stability, habitat quality and recommends instream flow rates to protect and <br />improve aquatic habitat in Morrison Creek below its confluence with Silver Creek, following the <br />CWCB's protocol. <br />The Draft Assessment concludes that current conditions are well below optimum and that <br />trout resting areas and cover, food production and reproductive capacity are likely impaired due to <br />high volumes of sand and fine gravels transported in Morrison Creek. The Draft Assessment <br />concludes that future water withdrawals from Morrison Creek would likely further degrade the <br />quality of trout habitat. <br />C. AMOUNT OF RECOMMENDED APPROPRIATION <br />Habitech, Inc. developed i.nstream flow recommendations based upon the criteria followed <br />by the CWCB. Those criteria are summarized on page 2 of the Draft Assessment. Based upon the <br />recommendations of Habitech, Inc. and the information provided above, the Parties recommend the <br />CWCB appropriate instream -flow water rights in the Recommended Reach, in at least the following <br />amounts: 18 c.£s. during the summer months and 4 c.fs. during the winter months. These flow <br />recommendations may be adjusted based on more detailed field study, including a PHABSIM <br />analysis. The Parties would support any higher stream flow recommendations developed by the <br />Division of Wildlife or CWCB staff. <br />D. RESOURCE THREATS <br />There are several existing and potential threats to the existing natural environment within the <br />Recommended Reach. The Upper Yampa Water Conservancy District (the "District ") has decrees <br />and pending water rights applications for several water projects that would divert water from <br />Morrison Creek for storage in Stagecoach Reservoir, including a new reservoir on Morrison Creek. <br />Admittedly, an appropriation by the CWCB would be junior to those projects. Ultimately, the <br />District may not obtain decrees for some of those projects, or may choose to pursue other projects. <br />Under those circumstances, a new appropriation by the CWCB would preserve the Recommended <br />Reach in its existing condition. In addition, an appropriation by the CWCB would be senior to later <br />appropriations and protect against additional changes in the stream regimen that would result from <br />those new appropriations or changes in existing water rights. <br />