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<br />Summary <br />The information contained in this report and the associated instream flow file folder forms the <br />basis for staff's instream flow recommendation to be considered by the Board. It is staff's <br />opinion that the information contained in this report is sufficient to support the findings required <br />in Rule 5.40. <br /> <br />Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature <br />recognized "the need to correlate the activities of mankind with some reasonable preservation of <br />the natural environment" (see 37-92-102 (3) c.R.S.). The statute vests the CWCB with the <br />exclusive authority to appropriate and acquire in stream flow and natural lake level water rights. <br />In order to encourage other entities to participate in Colorado's Instream Flow Program, the <br />statute directs the CWCB to request in stream flow recommendations from other state and federal <br />agencies. The Bureau of Land Management recommended this segment of Deer Park Creek to <br />the CWCB for inclusion into the Instream Flow Program. Deer Park Creek is being considered <br />for inclusion into the Instream Flow Program because it has a natural environment that can be <br />preserved to a reasonable degree with an in stream flow water right. The BLM is very interested <br />in protecting stream flows because Deer Park Creek is one of the few creeks with sufficient <br />water quality to support a salmonid fishery in this historic mining district. Many other streams in <br />this district are contaminated with heavy metals. <br /> <br />Deer Park Creek is 3.6 miles long. It begins near Whitehead Peak and the Continental Divide at <br />an elevation of approximately 12,800 feet. It terminates at the confluence with the Animas River <br />at an elevation of approximately 9,100 feet. Approximately 10.0% (0.36 miles is private - the <br />remainder is BLM) of the 3.6-mile segment addressed by this report is located on federal lands. <br />Deer Park Creek is located within San Juan County. The total drainage area of the creek is <br />approximately 3.7 square miles. Deer Park Creek generally flows in a westerly direction. <br /> <br />The subject of this report is a segment of Deer Park Creek beginning at the headwaters and <br />extending downstream to the confluence with the Animas River. The proposed segment is <br />located southeast of the Town of Silverton. The staff has received only one recommendation for <br />this segment, from the BLM. The recommendation for this segment is discussed below. <br /> <br />Instream Flow Recommendation(s) <br /> <br />BLM recommended 2.0 cfs (May 1 to October 31), and 1.0 cfs (November 1 to April 30) (see <br />Appendix A). The modeling results from these survey efforts are within the confidence interval <br />produced by the R2Cross model. <br /> <br />Land Status Review <br /> <br /> Total Length Land Ownership <br />Upper Terminus Lower Terminus (miles) % Private % Public <br />Headwaters Confluence with 3.6 10.0% 90.0% <br />Animas River <br /> <br />-2- <br />