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<br />Natural Environment Studies <br />The Bureau of Land Management (BLM) have conducted field surveys on this stream and found <br />a natural environment which can be preserved. To quantify the resources and to evaluate <br />instream flow and natural lake level requirements, the BLM staff collected biologic and . <br />hydraulic data, and the CWCB staff reviewed and analyzed this data. Based on the results of <br />these reviews/analyses, the CWCB staff prepared recommendations for the amount of water <br />necessary to preserve the natural environment to a reasonable degree for each of the streams on <br />the attached tabulation of instream flow recommendations. <br /> <br />Water Availabilitv Studies <br />The CWCB Staff has conducted an evaluation of water availability for these streams. To <br />determine the amount of water physically available for the Board's appropriations, Staff analyzed <br />available USGS gage records, available streamflow models, and/or utilized appropriate standard <br />methods to develop a hydrograph of mean or median monthly flows for each recommendation. <br />Staff also relied upon the flow measurements made as part of the field survey as an indicator of <br />the amount of water physically available in each stream. Staff also analyzed the water rights <br />tabulation for each stream and consulted with the Division Engineer's Office to identify any <br />potential water availability problems. Based upon its analysis, Staff has determined that water is <br />available for appropriation on each stream to preserve the natural environment to a reasonable <br />degree without limiting or foreclosing the exercise of valid existing rights. <br /> <br />RELEVANT IN STREAM FLOW RULES <br />For each stream listed in the attached list of instream flow recommendations, the staff <br />recommends that the Board proceed as provided in Instream Flow Rules 5f., 5h. and 5i.: <br /> <br />5f. Date of Appropriation. The Board may select an appropriation date that may be no earlier <br />than the date the Board declares its intent to appropriate. The Board may declare its intent to <br />appropriate when it concludes that it has received sufficient information that reasonably supports <br />the findings required in Rule 5i. <br /> <br />. <br /> <br />5h. Final Board Action on an ISF Recommendation. The Board may take final action on any <br />uncontested Staff Recommendation(s) at the May Board meeting or any Board meeting <br />thereafter. If a Notice to Contest has been filed, the Board shall proceed under Rule 5j-5q. <br /> <br />5i. Reauired Findings. Before initiating a water right filing to confirm its appropriation, the <br />Board must make the following determinations: <br /> <br />(I) Natural Environment. That there is a natural environment that can be preserved to a <br />reasonable degree with the Board's water right if granted. <br />(2) Water Availabilitv. That the natural environment will be preserved to a reasonable degree by <br />the water available for the appropriation to be made. <br />(3) Material Iniurv. That such environment can exist without material injury to water <br />rights. <br /> <br />These determinations shall be subject to judicial review in the water court application and decree <br />proceedings initiated by the Board, based on the Board's administrative record and utilizing the <br />criteria of ~ 24-4-106(6) and (7), C.R.S. (1999). <br /> <br />. <br />