Lottis Creek ISF Proposal with Attachments 10-27-21

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Water Availability Physical Availability Due to the lack of stream flow data, HCCA relied on StreamStats. StreamStats is an online program developed by the USGS in collaboration with the CWCB. StreamStats uses a regionally specific regression equation based on nearby active and historical stream gages to estimate stream flows at user-selected locations. StreamStats reports a mean monthly flow of 13.8 cfs for April and a mean monthly flow of 9.68 cfs for October, and the peak mean monthly flow occurs in June at 130 cfs (See Attachment D).These mean flows were used to define the length of the summer ISF season because the mean monthly flows are greater than the proposed summer ISF rate. November has a mean monthly flow of 7.57 cfs. StreamStats reports a mean monthly flow of 6.14 cfs in March (See Attachment D).These mean flows were used to define the length of the winter ISF season because the mean monthly flows are similar to the existing year-round ISF rate. Legal Availability There are no active diversions on Lottis Creek. Several conditional water rights decrees have been applied for and subsequently cancelled on Lottis Creek, including the Perkins Pipeline (cancelled in 95CW88) and the Union Park Reservoir(cancelled in W0086).The Union Park Reservoir was a conditional reservoir right for the storage of 3,419-acre feet of water and 2.0 cfs of direct flow right for the purpose of fish culture and with a priority date of September 5, 1963. There is a small active spring use at the Lottis Creek Campground.This right is held by the United States Forest Service. In addition to the year-round instream flow held by the CWCB on Lottis Creek,there are also privately held instream flow rights for Lottis Creek and three of its tributaries (Cameron, Cross, and Union Creek) as well as a privately held natural lake level for"Lottis Lake".The Lottis Lake right is described as a nonconsumptive use of 350-acre feet of storage for stock water, recreation, wildlife procreation,fish culture and heritage preservation with a priority date of 1910 (W-1984).The private instream flow rights include Cross Creek(5 cfs), Cameron Creek(12.5 cfs), Lottis Creek above Cameron Creek(10 cfs), and Union Creek(12.5 cfs). Lottis Creek rights include 10 cfs above the confluence of Cameron Creek, 22.5 cfs below the confluence of Cameron Creek, 27.5 cfs below the confluence of Cross Creek, 40 cfs below the confluence of Union Creek, and 60 cfs below the confluence of South Lottis Creek.The priority date for these flows is 1910 and the beneficial use is for stock water, recreation,fish culture,wildlife procreation, and heritage preservation.This use was recognized as non-exclusive and to be used in common with the State of Colorado (See Case No. W-1987). Although these private flow rights are extensive,they do not afford the same protections offered by instream flow rights held by the CWCB. Rights held by the CWCB are monitored and enforced by CWCB staff and the State can join as a party to protect potential harm to these appropriations.They are non-transferable and cannot be sold.The water rights are summarized in Attachment F.