When water runs low in the late summer, many small creeks and streams dry up as water is diverted for irrigation, leaving pools scattered around each bend of the channel.
Ranchers and other water users have a right to this diverted water, part of a system that dates back more than 100 years. Until the early ’70s, leaving any amount of water in these creeks was considered a waste.
“There was no beneficial use recognized to keep water in the channel,” said Rob Viehl, a water resources specialist with the Colorado Water Conservation Board.
Colorado passed a law in 1973 that said the streams had a right to some of the water too by establishing the Instream Flow Program. Nearly 50 years later, the board is considering new rights for two creeks in Routt County, adding to a network of more than 1,700 flow rights decreed across the state.
Deep Creek, which flows from Hahns Peak down into Steamboat Lake in North Routt County, is being considered for an instream flow water right by the Colorado Water Conservation Board. Colorado Water Conservation Board/Courtesy photo
Deep Creek, which runs from the southwest side of Hahns Peak down into Steamboat Lake, and a stretch of Watson Creek, which is on public and private land west of Yampa, are being considered for the new instream flow rights.
These rights are a little different than traditional water rights because they span between two points on a stream, rather than a point where water is diverted. Between these points, the river is entitled to a certain amount of flow.
The riffles section of a creek will dry up first because it is the shallowest. But it also holds a lot of biological significance for fish and other aquatic species, Viehl said. The Instream Flow Program is meant to consider the uses of water with the benefits there are to leaving it in the creek…
But the program also provides certainty to current rights holders that any of these flow rights would still be administered within the larger system, Viehl said. For the proposed rights on Deep and Watson creeks, Viehl said they would be for 2022, meaning rights established for it are not affected.
That means there is no guarantee that these rights will be able to keep water in the channel year-round, Viehl said.
The rights take about three years to establish and requires another entity to approach the water board with a recommendation. Colorado Parks and Wildlife is the more likely recommending agency, but Viehl said the Bureau of Land Management and other agencies make recommendations, as well…
Deep Creek has a fishery of cutthroat and rainbow trout, riparian plants like willow and alder, and flows down into Steamboat Lake. The proposed right would ensure that there are 2.5 cfs of water flowing from May 1 to July 1, with a lesser amount later in the summer and winter.
Watson Creek at Ferguson Ditch Headgate June 3, 2021. Photo credit: Scott Hummer
Watson Creek’s fishery is different, with longnose and whitehead suckers rather than trout. It also has insects like mayflies and caddisflies, and several riparian grasses. The proposed flow rate would be 1.9 cfs from April 1 to June 21, but there would be no rate through July and early August.
