BOARD01839

• Board Meeting Date: 7/23/2001
• Description: ISF Section - Final Staff Recommendations - Yampa River
• Board Meetings - Doc Type: Memo

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reasonable degree for the Yampa River from the confluence of Morrison Creek to the inlet of Lake
Catamount (see attached Final Instreanl Flow Recommendation).

Water Availabilitv Studies

The CWCB staff has conducted an evaluation of water availability for this stream. To detennine the
amount of water physically available for the Board's appropriation, the staff analyzed available
USGS gage records, available streamflow models, and/or utilized appropriate standard methods to
develop a hydrograph of median montl1ly flows. The staff relied upon the data submitted by all the
Parties into the record of the Yampa River Contested Cases to determine the amount of water
physically available for appropriation. Based upon its analysis, the staff has determined that water is
available for appropriation on the Yanlpa River from the confluence of Morrison Creek to the inlet
of Lake Catamount to preserve the natural environment to a reasonable degree without limiting or
foreclosing the exercise of valid existing rights.

RELEVANT INSTREAM FLOW RULES

For the Yanlpa River from the confluence of Morrison Creek to the inlet of Lake Catamount, the
staff recommends that the Board proceed as provided in Instream Flow Rules 5.23, 5.40 and 5.56:

5.23 Date of Appropriation. 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 5.40.

5.40 ReQuired Findings. Before initiating a water right filing to confirm its appropriation, the Board
must make the following determination~:

5.40(A) Natural Environment. That there is a natural environment that can be preserved to a
reasonable degree with the Board's water right if granted.
5.40(B) Water Availabilitv. Tl1at the natural environment will be preserved to a reasonable
degree by the water available for the appropriation to be made.
5.40(C) Material Iniurv. That such environment can exist without material injury to water

rights.

5.56 Final Board Action. The Board may take final action at the hearing or at a later date.

These determinations shall be subject to judicial review in the water court application and decree
proceedings initiated by the Board, based on the Board's administrative record and utilizing the
criteria of ~ 24-4-106(6) and (7), C.R.S. (2000).

Flood Control and Floodplain Management .Lany Lang, Chief. Water Project Planning and ConstrUction- Mike Setlet, Chief. Instream
Flows and Water Rights Investigations-Dan Merriman, Chief. Interstate Streams Investigations-Randy Seaholm, Chief. Office of
Conservation Planning-William Stanton, Chief. Persowel and Budget -Susan Maul, Chief