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--'--'-- SAN JUAN AlliANCE . 850 Main Avenue PO Box 2461 Durango, CO 81302 .910.259.3583 , 10.259.8303 ~v\ RI!C/:/JIIEO ~o"'iIo /006 W,:Ue-c ' L'i/' ~/v;.o,.O "'n~ January 16,2006 Mr. Dan Merriman Instream Flow Program Colorado Water Conservation Board 1313 Sherman Street, # 721 Denver, CO 80203 Dear Dan: The San Juan Citizens Alliance would like to support the instream flow recommendations made by the staff of the Colorado Water Conservation Board and the Bureau of Land Management for Yellow Jacket Creek. The Alliance feels that this creek is an important part of the environment of Canyons of the Ancients National Monument as well as an important part of the recreational opportunities that the Monument affords visitors. We recognize that the Monument is to be managed to protect and enhance the natural environment. The riparian habitats that have been created by the customary diversion of water and resulting return flows are just such an enhancement. Habitat for native warmwater fish in Colorado is a shrinking resource. Yellow Jacket Creek provides important habitat for two species of native fish, the flannelmouth sucker and the bluehead sucker. This habitat is an important resource of the Monument and efforts should be made to preserve this resource even though it is an unintended consequence of trans- basin diversion. It is fortunate that the State of Colorado has an instream flows program to deal with opportunities of this nature. The Alliance notes that substantial efforts have been made by the Board's staff to discuss the proposed right with local water rights holders. It appears to us that most questions have been resolved and we would encourage the Board to look favorably on the current proposal or failing that to use its good offices to arrive at agreement with those dependent on the waters in question for historical uses. The proposed right to support instream flows deserves serious consideration as a legitimate use of the waters in Yellow Jacket Creek. We feel that the reservation of instream flows deserves the best efforts of all parties to make room for Colorado water to be used to the best interest of the full spectrum of uses for the citizens of the state. The question of losing developable water to neighboring states is an important question given the responsibilities of the Colorado Water Conservation Board. The Alliance realizes that there is not a perfect solution which will prevent every last acre foot of developable water from leaving the state in situations where [SF rights are so close to state lines. We believe that when the people of the state first created the instream flow program they gave the Board an additional duty to include the use this tool to protect some of our waters for instream purposes to protect and enhance the natural environment. This www.sanjuancitizens.org