BOARD02440

• Board Meeting Date: 1/25/2005
• Description: ISF Section - Instream Flow Appropriations - Muddy Creek Paonia Reservoir
• Board Meetings - Doc Type: Memo

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. The 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 (I) 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 1.5 miles long. It begins at the confluence of East and West
Muddy Creeks at an elevation of approximately 6670 feet and terminates at the inlet of Paonia
Reservoir near the Town of Paonia at an elevation of approximately 6600 feet. Of the 1.5 mile
segment addressed by this report, approximately 33.3% of the segment, or 0.5 miles, are located
on public lands, while the remainder of the segment, 1.0 miles, is located on private lands.
Muddy Creek is located within Gunnison County. The total drainage area of the river is
approximately 230 square miles. Muddy Creek generally flows in a southerly direction.

The subject of this report is a segment of the Muddy Creek beginning at the confluence with East
and West Muddy Creeks and extending downstream to the inlet of Paonia Reservoir. The
proposed segment is located northwest of the Town of Paonia. The staff has received one flow
recommendation for this segment from the CDOW and CDPOR. The recommendation for this
segment is discussed below.

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