Colorado Water Conservation Board Appropriates Himes Creek Water Right to Protect Rediscovered Cutthroat Trout Population

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Instream Flow Water Rights

The Colorado Water Conservation Board (CWCB) received a water court decree for an instream flow water right on Himes Creek, located in San Juan National Forest, to protect a rare population of Colorado River cutthroat trout. This lineage of trout is native to the San Juan River Basin and was previously thought to be extinct. 

“This instream flow water right on Himes Creek is one of the most significant that the Colorado Water Conservation Board has appropriated in the program’s history,” said CWCB Stream and Lake Protection Section Chief Linda Bassi. “CWCB staff, along with Colorado Parks and Wildlife and the U.S. Forest Service, consulted with leading researchers and scientists for the past two years to develop a strategy to best protect this extremely rare and at-risk species.”

When this instream flow recommendation was initially brought to CWCB in 2017, the U.S. Forest Service (USFS) was interested in protecting flows on Himes Creek to support a genetically pure population of Colorado River cutthroat trout. During data collection, genetic testing confirmed that the fish in Himes Creek have the same genetic markers as the San Juan lineage once thought to be extinct. Researchers estimate that the total number of San Juan lineage trout in all known populations is estimated to be as few as 1,000. 

The CWCB approved the Himes Creek instream flow recommendation in March 2019, and the water court issued a decree for the Himes Creek instream flow water right on July 27, 2020.