BOARD01128

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Spring Creek Instream Flow Appropriation
• Board Meetings - Doc Type: Memo

Since July 2002, the USPS has conducted extensive monitoring and research regarding
the flows of Spring Creek. The Staff of the CWCB and the Colorado Division of
Wildlife conducted additional R2Cross analysis. Moreover, the Staffs of the CWCB, the
Division of Wildlife, and the Attorney General's Office have met with representatives of
the USPS several times and have discussed a possible resolution of the issues raised by
the USFS application on Spring Creek, and the Board's appropriation on Spring Creek,
that may be implemented by Staffs recommendation to the Board regarding Agenda Item
No. 32.

Flow Recommendations
Pursuant to the proposed settlement, as also addressed in Agenda Item No. 32, Staff has
attached a draft decree that reflects what the CWCB's appropriation would be under this
proposed settlement. The Division of Wildlife has conducted the appropriate analysis
and has determined that the amounts sought are the minimum stream flows to preserve
the natural environment to a reasonable degree (see attached letter dated May 12, 2005).
The Division of Wildlife recommends 2.7 cfs year-round for Spring Creek (Spring Outlet
to Downing Ditch) to preserve the natural environment to a reasonable degree. This
year-round recommendation is due to the extremely low temperatures experienced in this
area, subjecting the stream to anchor ice conditions and limited pool habitat. The CWCB
Staff has conducted the appropriate analysis and has determined that the amounts of
water sought are available for appropriation, and no water rights would be injured by the
appropriation of water pursuant to the Staffs recommendation. Attached is a copy of a
report by David J. Cooper, prepared for the USFS, which he analyzed the spring
complexes at the Spring Creek site. This report documented that all the unappropriated
flow for the springs is necessary to protect this unique environment.

Staff Recommendation
Staffrecommends that the Board:

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Take fmal action on the original reach of Spring Creek extending from the Spring
Outlet down to the Downing Ditch in the following amounts: 2.7 cfs (April 15-
August 14); 0.8 cfs (August 15-0ctober 14); and 0.5 cfs (October 15-ApriI14)
with a January 23,2002 appropriation date.
Appropriate and take final action on the reach of Spring Creek described above in
the additional amounts of 1.9 cfs (August 15-0ctober 14) and 2.2 cfs (October
15-ApriI14) with an appropriation date of May 25, 2005.
Appropriate an ISF water right for all unappropriated water from natural springs
and seeps at the headwaters of Spring Creek down to the spring outlet, with an
appropriation date of May 25,2005.
Determine, pursuant to section 37-92-102(3), CRS, and based upon the
recommendations of the CDOW, BLM and/or USPS, a review of the data and
other information presented by Staff, in this memo and orally, and Staffs
recommendation for instream flow appropriations on the streams identified; that:
(a) A natural environment does exist on each stream;
(b) Water is available in each stream and lake for appropriation;

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