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<br />- 2- <br /> <br /> <br />BLM and CDOW staff collected biologic and hydraulic data, and the CWCB staff reviewed and <br />analyzed this data. Based on the results of these 'reviews/analyses, the CWCB staff prepared . <br />recommendations for the amount of water necessary to preserve the natural environment to a <br />reasonable degree for each ofthe streams and lakes on the attached tabulation of Instream Flow and <br />Natural Lake Level Recommendations, <br /> <br />Water Availabilitv Studies <br />The CWCB staff has conducted an evaluation of water availability for these streams and lakes. To <br />detennine the amount of water physically available for the Board's appropriations, the staff analyzed <br />available USGS gage records, available streamflow models, and/or utilized appropriate standard <br />methods to develop a hydro graph of mean or median: monthly flows or detennined the natural lake <br />level for each recommendation. The staff also relied upon the flow measurements made and the lake <br />level surveyed as part of the field survey as an indicator of the amount of water physically available <br />in each stream and lake. Staff also analyzed the water rights tabulation for each stream and lake and <br />consulted with the Division Engineer's Office to identify any potential water availability problems. <br />Based upon its analysis, the staff has detennined thM water is available for appropriation on each <br />stream and lake to preserve the natural environment to a reasonable degree without limiting or <br />foreclosing the exercise of valid existing rights. <br /> <br />RELEVANT INSTREAM FLOW RULES <br />For each stream listed in the attached List of ISF Recommendations, the staff recommends that the <br />Board proceed as provided in Instream Flow Rules 5.23, 5.30 and 5.40: <br /> <br />5.23 Date of Appropriation. The Board may select an appropriation date that may be no earlier than . <br />the date the Board declares its intent to appropriate. 'The Board may declare its intent to appropriate <br />when it concludes that it has received sufficient infonnation that reasonably supports the findings <br />required in Rule 5.40. <br /> <br />5.30 Final Board Action on an ISF Recommendation, The Board may take final action on any, <br />uncontested Staff Recommendation(s) at the May Board meeting or any Board meeting thereafter. If <br />a Notice to Contest has been fiied, the Board shall proceed under Rule 5.50. <br /> <br />5.40 Required Findings. Before initiating a water right filing to confinn its appropriation, the Board <br />must make the following detenninations: <br /> <br />5.40(A) Natural Environment. That there is a natural environment that can be preserved to a <br />reasonable degree with the Board's water right if granted. <br />5.40(B) Water Availability. That the natural environment will be preserved to a reasonable <br />degree by the water available for the appropriation to be made. <br />5.40(C) Material Iniurv. That such enviroiunent can exist without material injury to water <br /> <br />rights. <br /> <br />These detenninations shall be subject to judicial review in the water court application and decree <br />proceedings initiated by the Board, based on the Board's administrative record and utilizing the <br />criteria of 924-4-106(6) and (7), C.R.S. (1999). <br /> <br />. <br /> <br />Flood Protection. Water Project Planning aM Financing' Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />