January 14,2010. Ms. Linda Bassi Colorado Water Conservation Board 1313 Sherman Street, Room 723 Denver, CO Dear Linda,

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STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us January 14,2010 Ms. Linda Bassi Colorado Water Conservation Board 1313 Sherman Street, Room 723 Denver, CO 80203 Dear Linda, The following is the Colorado Division of Wildlife's (DOW) analysis and recommendation regarding the possible donation of 2.5 cfs ofthe Gabino Gallegos Ditch Water Right for instream flow purposes on the Alamosa River. General Information The Colorado Water Conservation Board (CWCB) requested the DOW to evaluate the benefits and possible impacts associated with accepting the proposed donation of the Gabino Gallegos Ditch Water Right to the natural environment of the Alamosa River. The CWCB currently does not hold an instream flow water right on the Alamosa River downstream from Terrace Reservoir. The Alamosa River is a tributary of the Rio Grande River and is located in Conejos County near the Town of Capulin (see Figure 1). Biological Survey Data The CDOW has conducted field surveys ofthe fishery resources on the Alamosa River and has found the fishery of the Alamosa River within this reach has been severely impacted by heavy metal contamination and extremely low wintertime stream flows. The Alamosa River is classified as a large river (between 60 to 99 feet wide) and habitat surveys indicate the stream environment of the Alamosa River could support a self-sustaining fishery, in the future, if current water quality and wintertime water quantity continues to improve. Existing Field Data Collection The existing R2Cross data collected to date by the CDOW was collected downstream of Terrace Reservoir and upstream ofthe Gabino Gallegos Ditch. This R2Cross data indicates that for this reach of stream, instream flows of 45 cfs, summer, and 15 cfs, winter, would be appropriate goals to strive for to preserve and improve the natural environment to a reasonable degree. However, these results are only based on the physical data collected to date and do not incorporate any water availability constraints. DEPARTMENT OF NATURAL RESOURCES, James B. Martin, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair. Tim Glenn, Vice Chair. Dennis Buechler, Secretary Members, Jeffrey Crawford. Dorothea Farris. Roy McAnally. John Singletary. Mark Smith. Robert Streeter Ex Officio Members, James B. Martin and John Stulp

Water Right Donation Analysis The 2.5 cfs ofthe Gabino Gallegos Ditch, associated with this acquisition, was historically diverted from the Alamosa Rivcr to irrigate approximately 180 acres ofland near the Town of Capulin. Historic irrigation return flows associated with the lands irrigated by the Gabino Gallegos Ditch accrued to the unconfined aquifer. The CDOW believes that the best use of this water right would be to store it during the irrigation season in Terrace Reservoir for later release. By storing in Terrace Reservoir the amount historically diverted during the irrigation season, up to approximately 430 acre-feet, for release after existing irrigation releases are discontinued, around the end of October, would benefit the existing natural environment ofthe Alamosa River. Currently late fall and early winter stream flows are less than 5 cfs below the reservoir which results in a dry streambed in a significant portion ofthe reach between the reservoir and the Gabino Gallegos Ditch headgate. Even though acquiring the 430 acre-feet associated with the Gabino Gallegos Ditch would not solve all ofthe water needs of this reach of stream, it would provide the tirst block of water to meet the goal of providing a year-round supply. CDOW Recommendation Based on the above analysis, the CDOW recommends the CWCB accept the donation of the water rights associated with the Gabino Gallegos Ditch to preserve and improve the natural environment of the Alamosa River. Accepting this senior water right will potentially increase the amount of time the Alamosa River carries sufficient flows to maintain a fishery and it will also extend the reach of wetted stream channel downstream. Increasing the amount of time the upper reach can support a fishery and extending the wetted stream channel reach should increase the quality of the instream habitats currently associated with this segment of the Alamosa River. As stated above, this block of water by itself may not be enough to establish a naturally reproducing fishery but it is an important first step in trying to recover a significantly impacted natural resource. If you have any questions regarding the above recommendation, please contact me at (303)-291-7267. Sincerely, Mark Uppendahl Colorado Division of Wildlife Instream Flow Program Coordinator Cc: Jay Skinner, CDOW Water Unit Program Manager John Alves, CDOW Senior Aquatic Biologist - Southwest Region

Terrace Reservoir Gunbarrel Road J H Valdez Ditch Terrace Main Canal Valdez Ditch Al am os a Ri ve r El Viego Ditch County RD 10 Gabino Gallegos Ditch tc Ho k r ee Alamosa Creek Canal R est o ra t i o n R eac h ^ Hot C La Jara Creek ree k Capulin Ditch Capulin