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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 5.40i. 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 naturallake 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 United States Forest Service recommended this segment of Middle Fork Escalante Creek to the CWCB for inclusion into the Instream Flow Program. Middle Fork Escalante 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. Middle Fork Esclante Creek is 11.4 miles long. It begins on the northeastern flank of Uncompahgre Plateau at an elevation of approximately 8,900 feet and flows in a northeasterly direction. It terminates at the confluence with East Fork Escalante Creek at an elevation of approximately 6,440 feet. Approximately 90% of the 11.4-mile segment addressed by this report is located on federallands (10.3 miles is owned by USFS in this reach). Middle Fork Escalante Creek is located within Mesa County. The total drainage area of the creek is approximately 33.7 square miles. The subject of this report is a segment of Middle Fork Escalante Creek beginning at headwaters and extending downstream to the confluence with the East Fork Escalante Creek. The proposed segment is located southwest of the City of Delta. The staff has received only one recommendation for this segment, from the USFS. The recommendation for this segment is discussed below. Instream Flow Recommendation(s) USFS recommended 3.1 cfs, summer, and 1.25 cfs, winter based on its June 2004 data collection efforts (see Appendix A). Only the summer flow recommendation was within the accuracy range of the predicted flows based on Manning's Equation (240% and 40% of Q). CWCB staff relied on the recommending agency, the USFS, for the winter flow recommendation based on their expertise and biological judgment. Land Status Review Total Length Land Ownership Upper Terminus Lower Terminus (miles) % Private % Public Confluence with Headwaters East Fork 11.4 5% 95% Escalante Creek -2-