BOARD00362

• Board Meeting Date: 1/25/2005
• Description: ISF Section - Instream Flow Appropriations - Bear Creek
• Board Meetings - Doc Type: Memo

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 5i.

Colorado's Instream Plow 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 in stream flow and natural lake level water rights.
In order to encourage other entities to participate in Colorado's Instream Plow Program, the
statute directs the CWCB to request in stream flow recommendations from other state and federal
agencies. The Colorado Division of Wildlife (CDOW) and the San Miguel County
Commissioners (SMCC) recommended this segment of Bear Creek for an instream flow
enlargement. The CWCB currently holds an instream flow water right for 2.0 cfs year-round
(Case No. 4-84CW428).

The CDOW is forwarding this stream flow recommendation to the CWCB to meet the State of
Colorado's policy "... that the wildlife and their environment are to be protected, preserved,
enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its
visitors ... and that, to carry out such program and policy, there shall be a continuous operation
of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related
opportunities" c.R.S. 33-1-101 (1). The CDOW Strategic Plan states "Healthy aquatic
environments are essential to maintain healthy and viable fisheries, and critical for self-
sustaining populations. The Division desires to protect and enhance the quality and quantity of
aquatic habitats."

Bear Creek is a tributary of the San Miguel River. This stream is approximately 4.2 miles long.
Bear Creek originates south of Telluride at an elevation of approximately 12,515 feet and
terminates at the confluence with the San Miguel River at approximately 8,800 feet. The creek is
located in San Miguel County. The total drainage area of the creek is approximately 6.4 square
miles. Bear Creek generally flows in a northerly direction. There are no significant tributaries to
the creek within the reach. The subject of this report is a 4.2-mile segment of Bear Creek
beginning at its headwaters and extending to the confluence with the San Miguel River (see
Pigure 1). This segment is located south of the Town of Telluride. To date, staff has received
only one recommendation for this stream. This recommendation is discussed below.

Instream Flow Recommendation(s)

The CDOW has recommended a 4.2 cfs enlargement of the CWCB's 2 cfs existing year-round
in stream flow from May 15th to October 31 et

Land Status Review

Total Length Land Ownership
Upper Terminus Lower Terminus (miles) % Private I % Public
Headwaters San Miguel River 4.2 69% I 31%

This segment is approximately 31 % public land, managed by the USPS and 69% private land.