BOARD00919

• Board Meeting Date: 1/25/2005
• Description: ISF Section - Instream Flow Appropriations - Cornet 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 5 i.

Colorado's Instream Flow 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 Flow 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 Cornet Creek to the CWCB for inclusion
into the Instream Flow Program. Cornet Creek is being considered for inclusion into the
Instream Flow Program because it has a natural environment that can be preserved to a
reasonable degree with an instream flow water right.

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" (33-1-101 (I) c.R.S.). The CDOW Strategic Plan also 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."

Cornet Creek is a tributary of the San Miguel River. This stream is approximately 3.9 miles
long. Cornet Creek originates north of Telluride at approximately 11,380 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 3.3 square miles.
Cornet Creek generally flows in a southerly direction. There are no significant tributaries to the
creek within the reach. The subject of this report is a 3.9-mile segment of Cornet Creek
beginning at its headwaters and extending to the confluence with the San Miguel River (see
Figure I). This segment is located north of the Town of Telluride. To date, the staff has
received only one recommendation for this reach. This recommendation is discussed below.

Instream Flow Recommendation(s)
The CDOW has recommended a 9.0 cfs summer flow and a 3.5 cfs winter flow.

Land Status Review

Total Length Land Ownership
Upper Terminus Lower Terminus (miles) % Private % Public
Headwaters San Miguel River 3.9 54% 46%

This segment is approximately 46% public land, which is managed by the USFS (See attached
Figure I).

-2-