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Summary The information contained in this report and the associated instream flow file folder forms the basis for the 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 i. 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 natural lake 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 Colorado Division of Wildlife (CDOW) and Colorado Division of Parks and Outdoor Recreation (CDPOR) recommended this segment of the Muddy Creek to the CWCB for inclusion into the Instream Flow Program. Muddy 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. The CDOW is forwarding this stream flow recommendation to the CWCB to meet the State of Colorado's policy "... that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors ... and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related opportunities" (see 33-1-101 (1) c.R.S.). The CDOW Strategic Plan also states "Healthy aquatic environments are essential to maintain healthy and viable fisheries, and critical for self- sustaining populations. The CDOW desires to protect and enhance the quality and quantity of aquatic habitats." The CDPOR is forwarding this stream flow recommendation to the CWCB to meet the State of Colorado's policy"... that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors ... and that to carry out such program and policy there shall be a continuous operation of acquisition, development, and management of outdoor recreation lands, waters, and facilities" (see 33-10-101 (1) c.R.S.). Muddy Creek is approximately 8.7 miles long. It begins at the western side of Castle Rock Peak at an elevation of approximately 9400 feet and terminates at the confluence with Crawford Reservoir at an elevation of approximately 6600 feet. Of the 8.7 mile segment addressed by this report, approximately 100% of the segment, or 8.7 miles, is located on private lands, while the remainder of the segment, 0 miles, is located on public lands. Muddy Creek is located within Gunnison and Delta Counties. The total drainage area of the river is approximately 23 square miles. The Muddy Creek generally flows in a northwesterly direction. The subject of this report is a segment of the Muddy Creek beginning at its headwaters and extending downstream to Crawford Reservoir. The proposed segment is located southeast of the Town of Crawford. The staff has received one recommendation for this segment from the CDOW. The recommendation for this segment is discussed below. Instream Flow Recommendation(s) The CDOW has recommended 3.8 cfs, summer, and 0.5 cfs, winter, based on their data collection efforts (see Table 1 and Appendix A). Only the summer flow recommendation was within the accuracy range of the predicted flows based on Manning's Equation (240% and 40% -2-