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Summary The information contained in this report and the associated instream flow file folder forms the basis for staff's 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 instream 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 instream flow recommendations from other state and federal agencies, The Colorado Division of Wildlife (CDOW) and the San Miguel County Commissioners (SMCC) recommended this segment of Comet Creek to the CWCB for inclusion into the Instream Flow Program. Comet 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" (33-1-101 (1) 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 Division desires to protect and enhance the quality and quantity of aquatic habitats," Comet Creek is a tributary of the San Miguel River, This stream is approximately 3,9 miles long, Comet Creek originates north of Telluride at approximately 11,380 feet and terminates at the confluence with the San Miguel River at approximately 8,800 feet. The creek is located in San Miguel County, The total drainage area of the creek is approximately 3.3 square miles, Comet Creek generally flows in a southerly direction. There are no significant tributaries to the creek within the reach, The subject of this report is a 3,9-mile segment of Comet Creek beginning at its headwaters and extending to the confluence with the San Miguel River (see Figure 1), This segment is located north of the Town of Telluride, To date, the staff has received only one recommendation for this reach, This recommendation is discussed below, Instream Flow Recommendation(s) The CDOW has recommended a 9.0 cfs summer flow and a 3,5 cfs winter flow, Land Status Review Lower Terminus San Miguel River Total Length (miles) 3,9 Land Ownershi % Private % Public 54% 46% Upper Terminus Headwaters This segment is approximately 46% public land, which is managed by the USFS (See attached Figure 1), -2- '.