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<br />Summary <br />The information contained in this report and the associated instream flow file folder forms the <br />basis for staff s instream flow recommendation to be considered by the Board. It is staff s <br />opinion that the information contained in this report is sufficient to support the findings required <br />in Rule 5.40. <br /> <br />Colorado's Instream Flow Program was created in 1973 when the Colorado State Legislature <br />recognized "the need to correlate the activities of mankind with some reasonable preservation of <br />the natural environment" (see 37-92-102 (3) C.R.S.). The statute vests the CWCB with the <br />exclusive authority to appropriate and acquire instream flow and natural lake level water rights. <br />In order to encourage other entities to participate in Colorado's Instream Flow Program, the <br />statute directs the CWCB to request instream flow recommendations from other state and federal <br />agencies. The Bureau of Land Management (BLM) recommended this segment of Horse Creek <br />to the CWCB for inclusion into the Instream Flow Program. Horse Creek is being considered for <br />inclusion into the Instream Flow Program because it has a natural environment that can be <br />preserved to a reasonable degree with an instream flow water right. The BLM is very interested <br />in protecting stream flows because BLM has made significant progress in improving riparian and <br />stream conditions in Horse Creek, thereby expanding the fish population. <br /> <br />Horse Creek is a tributary of the Colorado River and is approximately 7.8 miles long. It begins <br />at the boundary of the Flattops Wilderness at an elevation of approximately 9,800 feet and <br />terminates at the confluence with the Colorado River at an elevation of approximately 6,500 feet. <br />Of the 6.8 mile segment addressed by this report, approximately 85% of the segment, or 5.8 <br />miles, is located on federal lands, while the remainder of the segment, 1.0 mile, is located on <br />private lands. The creek is located within Eagle County. The total drainage area of the creek is <br />approximately 9.3 square miles. Horse Creek generally flows in a southeasterly direction. <br /> <br />The subject of this report is a segment of Horse Creek beginning at Horse Creek Lake and <br />extending downstream to the headgate of the Horse Creek Diversion Ditch. This segment is <br />located north of Dotsero. The staff has received only one recommendation for this segment, <br />from the Bureau of Land Management. The recommendation for this segment is discussed <br />below. <br /> <br />Instream Flow Recommendation(s) <br /> <br />BLM recommended 0.95 cfs, summer, and 0.75 cfs, winter based on its April 21, 1998, and June <br />11,2002, data collection efforts (see Appendix A). The modeling results from this survey effort <br />are within the confidence interval produced by the R2Cross model. <br /> <br />Land Status Review <br /> <br />Upper Terminus <br />Horse Lake <br /> <br />Total Length <br />Lower Terminus (miles) <br /> <br />Horse Creek Ditch 6.8 <br /> <br />Land Ownership <br />% Private % Public <br />15% 85% <br /> <br />Approximately 85% of the reach is located on federal lands managed by the BLM. <br /> <br />Biological Data <br /> <br />The BLM has conducted field surveys of the fishery resources on this stream and have found a <br />natural environment that can be preserved. As reported for this reach of stream in BLM's letter <br />to the CWCB "Fishery surveys indicate that the stream environment is in good condition, and <br /> <br />- 2 - <br />