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. . . Summary The information contained in this report and the associated instream flow file folder forms the basis for staffs instream flow recommendation to be considered by the Board. It is staffs opinion that the information contained in this report is sufficient to support the findings required in Rule 5.40. 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 (CD OW) recommended this segment of Swamp Canyon Creek to the CWCB for inclusion into the Instream Flow Program. Swamp Canyon 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 very interested in protecting stream flows because Swamp Canyon Creek supports a wide variety of aquatic macroinvetebrates indicative of high quality water and it supports a healthy riparian community. Dissolved levels of heavy metals in the Howard's Fork continue to be a problem for the river's fishery but conditions are improving; the high quality water from tributary streams such as Swamp Canyon Creek are vital to the continued improvement of water quality and the Howard's Fork's fish population. Swamp Canyon Creek is a tributary of the Howard's Fork San Miguel River. This stream is approximately 2.2 miles long. Swamp Canyon Creek originates southeast of Ophir at approximately 12,420 feet and terminates at the confluence with the Howard's Fork San Miguel River at approximately 10,350 feet. The creek is located in San Miguel County. The total drainage area of the creek is approximately 2.5 square miles. Swamp Canyon Creek generally flows in a northerly direction. There are no significant tributaries to Swamp Canyon Creek within this reach. The subject of this report is a 2.2 mile segment of Swamp Canyon Creek beginning at the outlet of an unnamed lake and extending to the Howard's Fork San Miguel River. (see Figures 1 and 2). This segment is located near the Town of Ophir. To date, the staff has received only one recommendation for this segment listed above. This recommendation is discussed below. Instream Flow Recommendation(s) The CDOW has recommended 3.0 cfs for the summer time period and 1.4 for the winter time period. land Status Review Total Length Land Ownership Upper Terminus Lower Terminus (miles) % Private % Public Headwaters Howard's Fork 2.2 0% 100% San Miguel River This segment is approximately 100% public land. 100% of the public land is managed by the USFS (See attached Figure 1).