BOARD01291

• Board Meeting Date: 5/16/2006
• Description: ISF Section - Uncontested 2006 Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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Water Availabilitv Studies .
The CWCB Staff has conducted an evaluation of water availability for these streams. To
determine the amount of water physically available for the Board's appropriations, staff
analyzed available USGS gage records, available streamflow models, and/or utilized
appropriate standard methods to develop a hydro graph of mean or median monthly flows
for each recommendation. Staff also relied upon the flow measurements made as part of
the field survey as an indicator of the amount of water physically available in each
stream. Staff also analyzed the water rights tabulation for each stream and consulted with
the Division Engineer's Office to identify any potential water availability problems.
Based upon its analysis, staff has determined that water is available for appropriation on
each stream to preserve the natural environment to a reasonable degree without limiting
or foreclosing the exercise of valid water rights.

North Fork Escalante Creek Instream Flow
At the January 2006 CWCB meeting, Mr. Dick Miller, a local landowner, voiced
concerns about the Board's appropriation of an instream flow water right on the North
Fork Escalante Creek. In response, the Board recommended that the downstream
terminus be moved up to the Sawtell Ditch, which is his highest diversion point and is
within USFS lands. Staff did not receive any Notices to Contest for this instream flow
recommendation by the March 31 st deadline. Staff has recently received a letter from Mr.
Miller dated April 26, 2006, describing additional concerns (attached). Staff has
contacted Mr. Miller in attempt to resolve his concerns and to answer any questions. At
the time this memo was written, Mr. Miller had not decided whether to pursue these
additional concerns but staff will continue to work with Mr. Miller but and provide a .
briefing at the Board meeting.

Relevant Instream Flow Rules
For each stream listed in the attached list of instream flow recommendations, the staff
recommends that the Board proceed as provided in Instream Flow Rules Sf., 5h. and 5i.:

Sf. Date of Aoorooriation. The Board may select an appropriation date that may be no
earlier than the date the Board declares its intent to appropriate. The Board may declare
its intent to appropriate when it concludes that it has received sufficient information that
reasonably supports the findings required in Rule 5i.

5h. Final Board Action on an ISF Recommendation. The Board may take final action on
any uncontested Staff Recommendation(s) at the May Board meeting or any Board
meeting thereafter. If a Notice to Contest has been filed, the Board shall proceed under
Rule 5j-5q.

5i. Required Findings. Before initiating a water right filing to confirm its appropriation,
the Board must make the following determinations:

(1) Natural Environment. That there is a natural environment that can be preserved to a
reasonable degree with the Board's water right if granted.

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