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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 5.40. 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 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 instream flow recommendations from other state and federal agencies. The Bureau of Land Management (BLM) recommended this segment of Sheep Creek for an in stream flow enlargement. The CWCB currently holds an instream flow water right from its headwaters to the confluence of Saguache Creek for 2 cfs year-round (Case No. 3-82CW226). The BLM is very interested in enlarging the stream flow because Sheep Creek is one of very few streams managed by BLM in the Saguache Creek watershed that has flows capable of supporting a salmonid fishery. Sheep Creek is a tributary of Saguache Creek and is approximately 13.0 miles long. It begins on the southern flanks of Middle Baldy and Long Branch Baldy on the Continental Divide at an elevation of approximately 10,900 feet. It terminates at the confluence with Saguache Creek at an elevation of approximately 8,300 feet. Of the 1.7 mile upper segment addressed by this report, approximately 100% of the upper segment, or 1.7 miles, is located on federal lands. Of the 4.5 mile lower segment addressed by this report, approximately 10% of the lower segment, or 0.5 miles, is located on federal lands, while the remainder of the lower segment, 4.0 miles, is located on private lands. The creek is located within Saguache County. The total drainage area of the creek is approximately 76 square miles. Sheep Creek generally flows in a southerly direction. The subject of this report is a segment of Sheep Creek beginning at the confluence with Spanish Creek and extending downstream to confluence with Saguache Creek. This segment is located west of the town of Saguache. The staff has received only one recommendation for the upper and lower segments of Sheep Creek, from the Bureau of Land Management. The recommendations for these segments are discussed below. Instream Flow Recommendation(s) BLM recommended 3.5 cfs enlargement (May 1 through October 31) for the upper segment based on its July 16, 1996, data collection effort and the BLM recommended 5.5 cfs enlargement (May 1 through October 31) for the lower segment based on its July 16, 1996, data collection effort (see Appendix A). The modeling results from this survey effort are within the confidence interval produced by the R2Cross model. Land Status Review Upper Terminus Spanish Creek BLM Boundary Lower Terminus BLM Boundary Saguache Creek Total Length (miles) 1.7 4.5 Land Ownership % Private % Public 0% 100% 90% 10% - 2 -