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<br />. <br /> <br />. <br /> <br />. <br /> <br />Summary <br /> <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.RS.). 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 Colorado Division of Wildlife (CDOW) recommended this segment of Waterfall <br />Creek to the CWCB for inclusion into the Instream Flow Program. Waterfall Creek is being <br />considered for inclusion into the Instream Flow Program because it has a natural environment <br />that can be preserved to a reasonable degree with an instream flow water right. The CDOW is <br />very interested in protecting stream flows because Waterfall Creek supports a wide variety of <br />aquatic macroinvetebrates indicative of high quality water and it supports a healthy riparian <br />community. Dissolved levels of heavy metals in the Howard's Fork continue to be a problem for <br />the river's fishery but conditions are improving; the high quality water from tributary streams <br />such as Waterfall Creek are vital to the continued improvement of water quality and the <br />Howard's Fork's fish population. <br /> <br />Waterfall Creek is a tributary of the Lake Fork of the San Miguel River. This stream is <br />approximately 3.0 miles long. Waterfall Creek originates south of Ophir at approximately <br />12,200 feet and terminates at the confluence with the Howard's Fork of the San Miguel River at <br />approximately 9,670 feet. The creek is located in San Miguel County. The total drainage area <br />of the creek is approximately 3.7 square miles. Waterfall Creek generally flows in a northerly <br />direction. There are no significant tributaries to the creek within the reach. The subject of this <br />report is a 3.0 mile segment of Waterfall Creek beginning at its headwaters and extending to the <br />confluence with the Howard's Fork of the San Miguel River. (see Figure 1). This segment is <br />located south of the Town of Ophir. To date, the staff has received only one recommendation <br />for this reach. This recommendation is discussed below. <br /> <br />Instream Flow Recommendation(s) <br />The CDOW has recommended a 3.5 cfs summer flow and a 2.9 cfs winter flow. <br /> <br />Land Status Review <br /> <br /> Total Length Land Ownership <br />Upper Terminus Lower Terminus (miles) % Private % Public <br />Headwaters Howard's Fork 3.0 0% 100% <br /> San Miguel River <br /> <br />This segment is approximately 100% public land. 100% of the public land is managed by the <br />USFS (See attached Figure 1). <br /> <br />Biological Data <br /> <br />The CDOW 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 CDOW'S <br /> <br />- 2 - <br />