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<br />, <br /> <br />(I) <br /> <br />. <br /> <br />(2) <br /> <br />. <br /> <br />. <br /> <br />\ <br /> <br />Length of stream segment - The CWeB staff and Burcau <br />of Land Management (BLM) made recommendations, and at <br />its January 2006 meeting the Board declared its intent, to <br />appropriate an instream flow water right for a IO.26-mile <br />reach of North Fork Escalante Creek (ITom Points Creek to <br />the Campbell Ditch). <br /> <br />Although staff reports il did nol received any Notices to <br />Contest by the March 31 deadline, staffhas subsequently <br />recommended to the Board shortening the reach of the <br />instream flow appropriation to 6.6 miles ofNonh Fork <br />Escalante Creek (from PomlS Creek to Sawtell Ditch). <br /> <br />This proposed shortening of the length of the instream flow <br />appropriation for North Fork Escalante Creek is arbitrary, <br />earpricious, and unsupported by the facts. <br /> <br />A mount of appropriation - The CWCB staff and BLM <br />made recommendations, and at its January 2006 meeting the <br />Board declared its intent, 10 appropriate an instream flow <br />water right for 3.7 cfs from April I to June 14 on North Fork <br />Escalante Creek. <br /> <br />Although staff reports they did nol receive any Notices to <br />Contest by the March 31 deadline, staff has subsequently <br />proposed to shorten the time period of the 3.7 efs <br />appropriation from April I to May 31. <br /> <br />Based on the identified values of North Fork Escalante <br />Creek, including aquatic and riparian habitat, the proposed <br />appropriation 00.7 cfs during the snowmelt runoff period <br />is inadequate. Higher flows are needed to sufficiently <br />recharge the alluvial aquifer in order to maintain post- <br />sno\\mell baseflows and support riparian vegetation that <br />includes globally critically imperiled narrow leaf <br />cottonwood stands. <br /> <br />This proposed shortening of the dll1'3lion of the 3.7 cfs <br />appropriation is inconsistent with stream flow estimates <br />include by CWeB slaffin its initial recommendation, <br />estimated hydrology of the North Fork Escalante Creek, <br />and the values for which the appropriation is being madc. <br />II is, therefore, arbitrary, capricious, and unsupported by <br />the facts. <br /> <br />WRA /l:otice to Contest ISF appropriation for North Fork Escalante Creek <br /> <br />Page 2 <br />