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<br />", <br /> <br />~...) <br /> <br />Water Works, Pueblo Conservancy District or private individuals have various easements and . <br />management agreements related directly to the Legacy Project. <br /> <br />Instream Flow and Biological Investigations <br />The infonnation contained in this memorandum and in the appendix, fonns the basis for the <br />instream flow action requested of the Board. It is staff's opinion that the infonnation contained <br />in this report is sufficient to support the findings required in Rule 5 i, <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 instream 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 instream flow recommendations from other state and federal <br />agencies, Arkansas River is being considered for inclusion into the Instream Flow Program <br />because it has a natural environment that can be preserved to a reasonable degree with an <br />instream flow water right. <br /> <br />The CDOW is forwarding this stream flow recommendation to the CWCB to meet the State of <br />Colorado's policy",., that the wildlife and their environment are to be protected, preserved, <br />enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its <br />visitors ... and that, to carry out such program and policy, there shall be a continuous operation <br />of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related <br />opportunities" C,R.S. 33-1-101 (1), The CDOW Strategic Plan states "Healthy aquatic . <br />environments are essential to maintain healthy and viable fisheries, and critical for self- <br />sustaining populations. The Division desires to protect and enhance the quality and quantity of <br />aquatic habitats." <br /> <br />The Arkansas River is approximately 324 miles long from its headwaters to the Colorado-Kansas <br />stateline. It begins at the confluence of Lake Creek and the Lake Fork of the Arkansas River at <br />an eleveation of approximately 9100 feet and flows southeasterly until it reaches the Colorado- <br />Kansas stateline at an elevation of approximately 3800 feet. These segments of the Arkansas <br />River are located within Pueblo County, The total drainage area of this segment of the Arkansas <br />River is approximately 4778 square miles. <br /> <br />The CWCB Staff is uncomfortable about appropriating an instream flow water right in the <br />concrete lined channelized reach of the Arkansas River because it has such a non-natural <br />appearance. For this reason, staff recommends that that the instream flow water right for two <br />separate reaches. The first reach would be from the outlet of the fish hatchery down to the <br />beginning of the channelized reach. The second reach would be from the end of the channelized <br />reach down to the confluence of the Arkansas River and Fountain Creek. Below is a summary of <br />the se ents and a ma <br />Fish Hatche <br />Concrete Levee <br /> <br /> <br />Concrete Levee <br />Fountain Creek <br /> <br />5.7 miles <br />1.0 mile <br /> <br />Len h of Stream Reach within the Concrete Levee <br /> <br />1.9 miles <br /> <br />. <br /> <br />4 <br />