Rio Lado Creek north of Dolores has been tagged as part of an in-stream flow pilot project by the Colorado Water Conservation Board and San Juan National Forest.
The remote creek, which flows into the upper Dolores River at Hillside Drive, supports a trout fishery and helps to feed a wetlands area at the confluence.
CWCB and the U.S. Forest Service are considering an in-stream flow water right on the creek to protect its natural environment. The proposed water right amount has not yet been announced.
The plan is part of a settlement effort to resolve a lingering federal lawsuit over establishing reserved water rights on the national forest.
“The Forest Service is exploring use of state in-stream flows to address needs of the forest,” said Jeff Baessler, an in-stream flow manager for CWCB.
In-stream flows are water rights administered within Colorado’s prior appropriation system. They are established and managed by CWCB to “preserve or improve the natural environment to a reasonable degree.”
Rio Lado is a good candidate for the proposed in-stream flow pilot because there are no established water rights on it, officials said.
Dolores District Ranger Derek Padilla said the San Juan Forest is requesting the Rio Lado in-stream flows be sufficient to meet the needs of the aquatic species in the creek.
“We request the flow to be the full amount the creek produces each year and that no water be pulled from Rio Lado,” Padilla said.
A private property owner where the creek enters the Dolores River has been contacted about the in-stream flow right plan and does not object, he said.
McPhee Reservoir managers are watching the matter closely, said Mike Preston, general manager for the Dolores Water Conservancy District.
“The proposal is an effort to substitute in-stream flows for federally reserved water rights,” Preston said. “We will ensure that claims do not move in on decreed water rights and that proper procedures are followed in calculating stream needs.”
Water managers across the state are closely monitoring the pilot project because it could be precedent setting, Preston said.
“A lot of streams are subject to this case,” he said.
Four national forest streams are being considered for the pilot, including Rio Lado in Montezuma County, Vallecito Creek in San Juan and La Plata Counties, Himes Creek in Mineral County, and Little Sand Creek in Hinsdale County.
New instream flow claims include public notice and hearings, along with opportunities for objections and appeals. The Rio Lado instream flow request is not expected to be heard by the CWCB board until March.
The non-motorized Rio Lado Trail (FS736) follows the creek for two miles. The trailhead is a short ways up Hillside Road off Colorado Highway 145.
jmimiaga@the-journal.com
In-stream flow rights offer alternative to federal water claims
