Initial River Protection Tools/Mechanisms

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Upper Colorado River, the San Juan River Basin and the Platte River. The purposes of the implementation programs are to allow for the recovery of endangered fish, or other water-dependent species while water development continues. In addition, multi-state agreements could be entered into, such as the Five State Agreement regarding native fish and the multi-state agreement regarding Colorado River Cutthroat Trout. 3 Voluntary Flow Agreements ("VFAs") can provide protection for non-consumptive uses within a stream segment. One example is the Arkansas River VFA. The advantages of VFAs are that they can maintain or enhance environmental or recreational attributes, but still allow water providers to have some certainty and flexibility in the way they manage their water systems. Under the Arkansas River VFA, the parties act voluntarily, but BLM has the ability to consider designation of this river as a Wild and Scenic River should the VFA not be operated. (See also the South Platte Protection Plan, described below). C. Gold Medal Waters: The Colorado Division of Wildlife Gold Medal Waters designation recognizes the highest-quality cold-water fishery habitats and the public's interest in maintaining and managing these habitats: A Gold Medal Water is a lake or stream that supports a trout standing stock of at least 60 pounds per acre, and contains an average of at least 12 quality trout per acre. The designation results in management actions intended to preserve and protect the habitat values of these waters. The trout in a Gold Medal stream reach may continue to be a stocked fishery. D. Outstanding Waters: This is the most protective classification of water standards under the Colorado Water Quality Control Act. C.R.S. § 25-8-101 et seq. Outstanding waters must have low enough levels of pollution from 12 chemical and biological constituents to meet this standard. Outstanding waters are not allowed any new, permanent sources of degradation from manmade sources of pollution such as sewerage or mine waste. This standard is applied to streams in wilderness areas and is also in place in the Hermosa Creek drainage, with the exception of the East Fork. E. Recreational In-Channel Diversions ("RICD"): In 2001 , the Colorado legislature enacted the RICD law, modified by the General Assembly in 2006. An RICD is the minimum amount of stream flow, as controlled and placed to beneficial use between specific stream points, defined by control structures, pursuant to an application -4- filed in water court by certain public entities for a reasonable recreation experience in and on the water from April 1 to Labor Day of each year, unless the applicant can demonstrate that there will be demand for the reasonable recreation experience on additional days. An RICD requires a man-made diversion within a stream channel. An RICD is limited to one specified flow rate for each time period shorter than 14 days, unless the applicant can demonstrate a need for a shorter time period. There is a presumption that there will not be material injury to an RICD water right from subsequent appropriations or changes of water rights if the effect on the RICD caused by such appropriations or changes does not exceed one-tenth of one percent of the lowest decreed rate of flow for the RICD as measured at the RICD and the cumulative