Technical Memorandum

TECHNICAL MEMORANDUM

TO: WWDC DATE: May 12, 2010

FROM: MWH REFERENCE: Wind-Bighorn Basin Plan

SUBJECT: Task 3D/3E - Recreational and Environmental Water Use

The purpose of this technical memorandum is to document recreational and environmental water use in the Wind-Bighorn Basin to support the Basin Plan Update. This information updates and expands on work performed during the previous Wind-Bighorn Basin Plan completed in 2003. Section 1 provides a brief summary of recreational and environmental water use reported in the previous Basin Plan. The remaining sections provide updated information.

This technical memorandum contains the following sections.

Contents Section 1 – Introduction ...... 1 Section 2 – Recreational Water Use ...... 2 Recreational Fishing ...... 2 Whitewater and Flat Water Recreational Use ...... 6 Section 3 – Environmental Water Use ...... 12 Instream Flows ...... 12 Wetlands and Wildlife Habitat ...... 16 Big Game Habitat ...... 20 Section 4 – Summary...... 34 Section 5 – References ...... 35

Section 1 – Introduction

The previous Basin Plan described recreational water uses such as those associated with fishing, boating, hunting, and swimming, and their importance to the economy within the Basin. In addition, the division of management for public owned lands in the Basin by federal, state and local entities and the impact it has on the recreational use tied to these resources was discussed. In response to issues and strategies defined by the Wind-Bighorn Basin Advisory Group, analysis of recreational water uses in the Basin Plan Update were expanded to include information on whitewater and flatwater boating, and additional information on recreational fishing.

Environmental water uses, such as those associated with instream flow rights and water use by wetlands and wildlife, were also described in the previous Basin Plan. The effects of institutional considerations on environmental water use in the Basin were described, which include the influence of the Clean Water Act requirements, the considerations for water demands for threatened and

endangered species within the Basin, and the potential restrictions on water use that would result following designation of “Wild and Scenic” rivers within the Basin. Instream flow water rights at the time of the previous Basin report included about 280,520 acre-feet per year of permitted rights on the Clarks Fork River, Tensleep Creek, Big Wind River, and Shell Creek, and applications pending for an additional 277,710 acre-feet per year on the Little Popo Agie, Medicine Lodge, and Shoshone River. There were about 782,380 acres of wetlands, dependent on water sources in the Basin, which provide environmental habitat for many species in the Basin. Additional instream flow water rights, updated wetlands analysis, and inclusion of aquatic and terrestrial habitat and populations have been included in the Basin Plan Update. Section 2 – Recreational Water Use Recreational water uses within the Basin are water demands associated with indoor recreation activities and facilities (e.g., swimming pools and water parks) and outdoor recreational activities (e.g., fishing, rafting, and boating). Water demands for indoor recreational activities are supported by municipal water supplies and therefore were accounted for in the Municipal and Domestic Water Use Technical Memorandum. As a result, recreational water use demands described in this section are limited to those associated with outdoor recreational activities.

Outdoor recreational water use within the Basin includes those activities utilizing rivers and streams, flat water reservoirs and lakes, as well as recreational water demands associated with state and national parks. There are several state and national parks, and a few national forests within the Basin with recreational water demands. State Parks within the Basin are Boysen, Buffalo Bill, Hot Springs, and Sinks Canyon State Parks. National Forests within the Basin include the entire Shoshone National Forest, and parts of the Big Horn and Bridger-Teton National Forests. A portion of Yellowstone National Park as well as Bighorn Canyon National Recreation Area are also located within the Basin (Figure 1). There are 75 designated campgrounds within the parks and forests of the Basin where recreational water use occurs. Water is supplied to these areas by non-community water systems and was accounted for in the Municipal and Domestic Water Use Technical Memorandum under Section 3, Non-Community Public Water Use Profile, as part of the transient non-community public water use. Recreational water use associated with other activities in state parks, national parks and national forests, such as fishing, boating, and rafting, are discussed below.

Recreational Fishing Recreational fishing is the most important water-based recreational activity in the Basin, comprising over 55 percent of the total water-based activities that tourists participate in when visiting Wyoming (WBC, 2009). The vast majority of existing recreational fishing opportunities in Wyoming are cold water trout fisheries. Designated fishing sites are located at several of the lakes and reservoirs within the Basin, as well as along a majority of the rivers and streams. These areas provide outstanding recreational fishing opportunities including walk-in fishing, four-wheel drive access only, and fully developed and accessible sites. Within the Basin, there are 174 public recreational fishing sites comprised of 65 sites managed by the Bureau of Land Management (BLM), 41 sites managed by Wyoming Game and Fish (WGF) and an additional 68 general fishing sites designated by the State of Wyoming Department of Travel and Tourism (WTT). These designated public fishing sites are shown in Figure 2. Several lakes and streams within the boundaries of Yellowstone National Park are also utilized for recreational fishing, where fishing has been a major recreational activity for over a century and is part of the park’s primary purpose to preserve natural environments and native species. In addition, several of the sites are located on the Wind River Indian Reservation. A complete list of the public fishing access sites managed by the BLM and WGF, as well as the key fishing spots identified by the WTT, are provided in Appendix A.

Figure 1. State Parks, National Forest, National Parks and Recreation Areas in the Wind-Bighorn Basin

Figure 2. Designated Public Recreational Fishing Sites and Blue Ribbon Streams Located within the Wind-Bighorn Basin

In addition to the large number of BLM and WGF recreational fishing sites, there are six stream segments within the Basin designated as Blue Ribbon status that comprise 188 miles of stream (Figure 2 and Table 1). Blue Ribbon streams are streams that have recreational fisheries of extremely high quality and meet established criteria which typically include:

• Water quality and quantity : A body of water, warm or cold, flowing or flat, will be considered for Blue Ribbon status if it has sufficient water quality and quantity to sustain a viable fishery.

• Water accessibility : The water must be accessible to the public.

• Natural reproduction capacity : The body of water should possess a natural capacity to produce and maintain a sustainable recreational fishery. There must be management strategies that will consistently produce fish of significant size and/or numbers to provide a quality angling experience.

• Angling pressure : The water must be able to withstand angling pressure.

• Specific species : Selection may be based on a specific species.

Table 1. Blue Ribbon Stream Reaches within Wind Bighorn Basin Water ID Stream Reach Tributary To: Length (mi) CY8H1005HS Bighorn River, Wedding of the Waters to Black Mountain Yellowstone River 18 CY8H1092PK Shoshone River, Willwood to Morman Big Horn Lake 16 CY8H1094PK Shoshone River, Corbett to Willwood Big Horn Lake 8 CY8H1095PK Shoshone River, Buffalo Bill Reservoir to Corbett Big Horn Lake 16 CY8H1490PK Shoshone River, NF Shoshone River, BB to Corbett 65 CY8H1510PK Trout Creek Shoshone River, NF 16 CY8R2024PK Clarks Fork River, Upper Yellowstone River 20 CY8R3650PK Bear Creek, Little Beartooth Creek 8 LR8W5620FT Popo Agie River, North Fork Popo Agie River 21 Total 188

Wyoming is also home to 49 native fish species and 29 non-native fish species including: cutthroat, brook, brown, golden and rainbow trout, as well as smallmouth bass, and northern pike. Many of Wyoming’s fish species are supported by both cold water fisheries and warm water fisheries and require a range of habitat features to support their life-cycle (Trout Unlimited, 2005). Waters within the State of Wyoming are classified based upon their designated uses (WDEQ, 2009). Designated uses are those uses specified in water quality standards for each water body or segment and include water quality, habitat conditions, spawning and nursery areas, and food sources for both cold and warm water fisheries.

Surface waters within the Basin that support cold and/or warm water fisheries include Class 1 and Class 2 Waters. Class 1, Class 2AB and 2B support game fish populations, spawning and nursery areas and include all permanent and seasonal game fisheries and can be either "cold water" or "warm water" depending upon the predominance of cold water or warm water species present. Class 2C waters support or have the potential to support only nongame fish populations or spawning and nursery areas at least seasonally and are considered "warm water". Additional information on Designated Uses and associate water quality is included in Tech Memo 6B, Water Quality.

In addition to the recreational and habitat importance of the cold and warm water fisheries in the Basin, the economic development generated by the fishing industry which includes jobs, business earnings and personal income to Wyoming residents, depends on healthy fisheries on public and private lands.

According to the Wyoming Business Council (WBC), 15.3% of the extended tourists visiting the state annually fish at least once during their visit (WBC, 2009). Due to the relatively large amount of designated fishing sites and Blue Ribbon fisheries within the Basin, the economic importance of fishing is substantial. By providing instream flow water rights for many of the state's most important streams, residents and visitors can continue to enjoy the resources offered throughout the state and within the Wind-Bighorn Basin. Although instream flow rights in Wyoming offer protection of fisheries under Wyoming water law, only certain reaches of stream are currently protected. The instream flow rights for the benefit of fisheries in the Basin are discussed in detail in Section 3, Environmental Water Use. A more detailed analysis on the economic importance of recreational fishing is discussed in detail in Technical Memorandum 5 – Demand Projections.

Whitewater and Flat Water Recreational Use

White water and flat water recreational use within the Basin includes swimming, kayaking, rafting, paddling and boating activities on the rivers, streams, lakes and reservoirs. . Whitewater and scenic rafting segments are located on several of the Basin’s rivers, with 18 designated whitewater rafting segments totaling over 197 miles of stream (Figure 3) and over 32 miles of stream designated as Wild and Scenic (Figure 4). Information on the whitewater stream segments within the Basin was obtained from the American Whitewater’s National River Database (American Whitewater, 2009). The database provides information on stream segment location, stream classification, recommended stream flow, current stream flow, and put-in and take-out locations for whitewater streams throughout the United States.

(numbers correspond to stream segment ID in Table 2)

Figure 3. Designated Rafting Locations within the Wind-Bighorn Basin

Stream classifications and recommended flows for the whitewater segments located in the Basin vary considerably (Table 2). The stream classifications within the Basin range from Class I to Class V+ rapids. Stream classifications for whitewater rafting are based on the International Scale of River Difficulty and are utilized to describe the intensity and level of difficulty associated with navigating the rapids for a specific stream segment (American Whitewater, 2009). There are six stream classifications utilized by the International Scale of River Difficulty and they include:

Class I Rapids: Fast moving water with riffles and small waves. Few obstructions, all obvious and easily missed with little training. Risk to swimmers is slight; self-rescue is easy.

Class II Rapids: Novice Straight-forward rapids with wide, clear channels which are evident without scouting. Occasional maneuvering may be required, but rocks and medium-sized waves are easily missed by trained paddlers. Swimmers are seldom injured and group assistance, while helpful, are seldom needed. Rapids that are at the upper end of this difficulty range are designated “Class II+”.

Class III: Intermediate Rapids with moderate, irregular waves which may be difficult to avoid and which can swamp an open canoe. Complex maneuvers in fast current and good boat control in tight passages or around ledges are often required; large waves or strainers may be present but are easily avoided. Strong eddies and powerful current effects can be found, particularly on large-volume rivers. Scouting is advisable for inexperienced parties. Injuries while swimming are rare; self- rescue is usually easy but group assistance may be required to avoid long swims. Rapids that are at the lower or upper end of this difficulty range are designated “Class III-” or “Class III+” respectively.

Class IV: Advanced Intense, powerful but predictable rapids requiring precise boat handling in turbulent water. Depending on the character of the river, it may feature large, unavoidable waves and holes or constricted passages demanding fast maneuvers under pressure. A fast, reliable eddy turn may be needed to initiate maneuvers, scout rapids, or rest. Rapids may require “must” moves above dangerous hazards. Scouting may be necessary the first time down. Risk of injury to swimmers is moderate to high, and water conditions may make self-rescue difficult. Group assistance for rescue is often essential but requires practiced skills. A strong eskimo roll is highly recommended. Rapids that are at the lower or upper end of this difficulty range are designated “Class IV-” or “Class IV+” respectively.

Class 5 1: Expert Extremely long, obstructed, or very violent rapids which expose a paddler to added risk. Drops may contain large, unavoidable waves and holes or steep, congested chutes with complex, demanding routes. Rapids may continue for long distances between pools, demanding a high level of fitness. What eddies exist may be small, turbulent, or difficult to reach. At the high end of the scale, several of these factors may be combined. Scouting is recommended but may be difficult. Swimming is dangerous, and rescue is often difficult even for experts. A very reliable eskimo roll, proper equipment, extensive experience, and practiced rescue skills are essential. Because of the large range of difficulty that exists beyond Class IV, Class 5 is an open-ended, multiple-level scale designated by class 5.0, 5.1, 5.2, etc.; each of these levels is an order of

1 Note: American Whitewater switches its classification scheme from Roman numerals to standard numbers for class 5 due to the multiple-level scale in this classification.

magnitude more difficult than the last. Example: increasing difficulty from Class 5.0 to Class 5.1 is a similar order of magnitude as increasing from Class IV to Class 5.0.

Class VI: Extreme and Exploratory Rapids These runs have almost never been attempted and often exemplify the extremes of difficulty, unpredictability and danger. The consequences of errors are very severe and rescue may be impossible. For teams of experts only, at favorable water levels, after close personal inspection and taking all precautions. After a Class VI rapid has been run many times, its rating may be changed to an appropriate Class 5.x rating.

Stream Class ratings are not exact and are only used to provide a general guide as to the intensity of rapids within a whitewater stream reach. Flow volumes contribute greatly to the intensity of whitewater rapids and also determine whether the stream reach has water levels within the recommended range for rafting. The recommended optimal ranges within the Basin vary by stream reach, with the highest upper limit for recommended flows occurring in the Black Canyon reach of the Yellowstone River. Maintaining recommended stream flows within these designated reaches is important to the recreational rafting and kayaking associated with them. Although maintaining the recommended flow levels in these key rafting segments is important for recreational water use, state law does not allow instream flow water rights to be established for rafting and there is no requirement for the State of Wyoming, State Engineer’s Office (WSEO) to administer the stream segments to maintain the recommended flow levels.

Table 2. Designated White Water Rafting Reaches within Wind Bighorn Basin Stream Recommended Length Segment Stream Segment Stream Class Flow Range (mi) ID 1 Bull Lake Creek [WY] North Fork to Bull Lake IV-V+ NA 12 2 Middle Popo Agie [WY] Hwy 181 bridge to Sinks Cavern IV-V 200 - 1000 cfs 5.6 Shell Creek [WY] Cabin Creek to Forest Service 3 II-V boundary 200 - 1000 cfs 11 Tensleep Creek [WY] Highway 16 to Bottom of 4 V+ Switchbacks 250 - 1000 cfs 2.4 5 Clarks Fork Yellowstone [WY] Upper III-V NA 4.2 6 Clarks Fork Yellowstone [WY] Honeymoon IV-V+ NA 2.6 7 Clarks Fork Yellowstone [WY] The Box V+ 500 - 1200 cfs 22.9 8 Clarks Fork Yellowstone [WY] Lower III-V 0.90 - 6.00 ft 3 Crandall Creek [WY] Trailhead to Clarks Fork 9 III-V Yellowstone R. 700 - 5000 cfs 4 10 Greybull [WY] Venus Creek to Forest Service boundary I-III Na 6 11 Shoshone [WY] Buffalo Bill Dam to Hwy 120 bridge II-V NA 8.1 Shoshone, North Fork [WY] Pahaska Tepee to Buffalo 12 I-III Bill Reservoir 300 - 7000 cfs 40 Shoshone, South Fork [WY] East Fork Creek to 13 II-IV Trailhead 300 - 5000 cfs 13 14 Clarks Fork Yellowstone [WY] Styx and Stones V+ 1.50 - 5.50 ft 4.5 15 Paintrock Creek [WY] North Fork to the Valley floor V+ NA 12 Wind [WY] 3 miles to 7 miles below Dubois (Fish NA 16 II-III Canyon) 3 Wind [WY] Boysen Dam to canyon mouth (Wind River NA 17 I-III Canyon) 12 Wind, East Fork [WY] Wilderness boundary to Wiggins NA 18 I Fork 11 Yellowstone [WY] Tower Jct. to Gardiner, MT (Black 19 III-V Canyon) 350 - 25000 cfs 20 Total 197.3 Note: NA means data not available.

River rafting and kayaking comprise approximately 7.4% of tourist activities in the State of Wyoming. Much of the scenic waterways and state parks utilized for white water rafting reside within the Basin, especially along the reaches of the Wind River and Clark’s Fork Yellowstone River (WBC, 2009). Clark’s Fork is the only congressionally designated Wild and Scenic River in the Basin (National Wild and Scenic Rivers, 2009). The Clarks Fork is known for its waterfalls, whitewater cascades, deep pools, and rugged corridor as it flows into Yellowstone Park and provides excellent kayaking and boating opportunities, especially in its canyon reaches.

In addition to the extensive network of streams and rivers in the Basin, there are approximately 40 major reservoirs and lakes. Of these, 12 are recognized as major recreation sites in Wyoming and include: Bighorn Lake, Boysen Reservoir, Bull Lake, Lake Cameahwait, Deaver Reservoir, Greybull Valley Reservoir, Newton Reservoir, Pilot Butte Reservoir, Ocean Lake, Ten Sleep Reservoir, and Yellowstone Lake (Bureau of Reclamation 2009, WSPHT 2009). These lakes and reservoirs are managed by various agencies and offer a variety of recreational activities ranging from waterfowl and pheasant hunting, wildlife watching, fishing, hiking, boating, and camping. In particular, boating comprises approximately 4.4 percent of tourist activities in the State of Wyoming (WBC 2009). Combined, these areas account for a majority of the activities tourists participate in when visiting the State of Wyoming, with many coming to the area solely to recreational fish and explore the scenery offered by the extensive riverine resources.

Although mandatory minimum pool requirements for wildlife and recreational use have not been established, five of the major reservoirs in the Basin allocate a minimum pool requirement for dead storage. The water supply allocated for dead storage for these five reservoirs in the Basin are summarized in Table 3 (Bureau of Reclamation, 2009). Additional information on reservoirs is included in Technical Memorandum 3F – Water Use From Storage.

Table 3. Minimum Dead Storage Allocation for Reservoirs in the Basin. Dead Storage Allocation Reservoir Name (acre-feet) Boysen Reservoir 40,084 Buffalo Bill Reservoir 3,413 Bull Lake Reservoir 722 Deaver Reservoir 83 Pilot Butte Reservoir 2,648 Total 46,950

Figure 4. Designated Wild and Scenic Rivers within the Wind-Bighorn Basin

Section 3 – Environmental Water Use

Environmental water uses within the Basin are non-consumptive water demands associated with the rivers, streams, lakes and terrestrial habitats that represent an integral part to the Basin’s ecosystems. An abundance of wildlife reside in the aquatic and terrestrial habitats located throughout the Basin, as well as utilize a wide-range of migratory routes that traverse the vast expanses of public and private lands. The environmental uses within the Basin include the maintenance flows required to protect warm and cold water fisheries, wetlands and riparian ecosystems, wildlife and big game habitat. The environmental water demands associated with these uses are discussed below.

Instream Flows In 1986 legislation was passed to manage water in stream channels by providing instream flow water right applications for many of the state's most important streams so residents and visitors can continue to enjoy the resources offered throughout the state and within the Wind-Bighorn Basin. Instream flow rights in Wyoming are solely for the protection of fisheries under Wyoming water law, and can only be held by the State of Wyoming or the U.S. Forest Service. Instream rights within the Basin are of two types: Federal Reserve rights established to maintain historical instream flows within National Forest boundaries, and instream flow rights for fisheries protection for locations outside of National Forests. Locations of all the instream flow rights within the Basin are shown in Figure 5.

According to the WSEO (2009), Federal Reserve instream flow rights in the Bighorn National Forest total about 87,000 acre-feet per year, and Federal Reserve instream flow rights in the Shoshone National Forest total about 605,600 acre-feet per year. The Shoshone National Forest is entirely within the Basin, and as a result the entire 605,600 acre-feet per year of Federal Reserve rights are likely within the Basin. Approximately 50 percent of the Bighorn National Forest is located in the Basin, and as a result about 43,500 acre-feet per year of the Federal Reserve instream flow rights associated with the Bighorn National Forest are anticipated to be in the Basin. A complete listing of the U.S. Forest Service Federal Reserve instream flow rights for the Shoshone and Bighorn National Forests is provided in Appendix B. There currently are no instream flow rights within the Wind River Indian Reservation ((Wyoming Judicial Branch 2009, WSEO 2009).

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Legend

Cities !( Federal Reserved Instream Flows Points Rivers Federal Reserved Instream Flows Segments Wyoming Water Development Commission Lakes, Reservoirs Instream Flow Permit Applications County Boundary Permitted Instream Flow 020 40± 80 Study Basins (numbers correspond to reach no. in Table 4) Scale in Miles

Figure 5. State Permitted and Federal Reserved Instream Flow Locations for the Wind-Bighorn Basin

An inventory of currently permitted (or in process) State instream flow segments is shown in Table 4, with additional detail on monthly instream flow rates and locations provided in Appendix C. There are currently 25 State instream flow filings within the Basin, most of which are in the Bighorn Basin. Of the 25 filings, 21 are approved and 4 are still pending an evaluation for approval. Reach lengths generally vary by location, ranging from less than one mile to about 15 miles.

Table 4. Instream Flow Inventory Flow Range Reach (cfs, min- No. Stream name Length (mi) Location Approved 1 max) 1 North Fork Pickett Creek 2.5 Unnamed drainage downstream to mouth Y 0.4-8 Anderson Ck. downstream to State-deeded land 2 Greybull River 4.3 border Y 19-65 Unnamed drainage downstream to Wilderness 3 Piney Creek 2.3 boundary Y 1.9-55 Unnamed drainage downstream to 1/4 mile 4 Francs Fork Creek 5.2 above diversion Y 4.8-160 Private/State border downstream to above 5 Timber Creek 4.3 diversion Y 0.3-5.6 N. Fork Pickett confluence downstream to sec. 6 Pickett Creek #1 4.7 boundary Y 1.4-11.2 7 Pickett Creek #2 3.4 N. Fork Pickett upstream Y 0.9-25 8 Jack Creek 2.5 Forks downstream to Greybull River Y 1.8-19 9 Wind River 5.3 Public fishing area east of Dubois Y 102-110 10 Little Popo Agie River 1.4 Public fishing area near Lander Y 21-45 11 Shoshone River 15.1 Buffalo Bill Dam to Corbett Diversion N 162 - 350 12 Shell Creek #1 10.5 Adelaide Creek to Shell Falls Y 19-70 Shell Falls downstream to Forest Service 13 Shell Creek #2 6.1 boundary Y 23-40 14 Medicine Lodge Creek 7.5 BLM/State land near Hyattville Y 2 8.9-15 Forest Service boundary up to confluence of east 15 Tensleep Creek 8.0 & west Y 22 Gwynn Fork downstream to Forest Service 16 Dick Creek 2.2 boundary Y 0.85-12 Wood River blw. M. Fk. Deeded below M. Fork Wood downstream to 17 Wood 1.0 Forest Service boundary Y 24-51 Wood River abv M. Fk. JoJo Creek downstream to deeded land above 18 Wood 3.8 M. Fork Wood Y 14-31 19 South Fork Wood River 3.9 Chimney Creek downstream to deeded land Y 6-25 Dundee Creek downstream to confluence with 20 Middle Fork Wood River 4.9 Wood River Y 9.5-20 Robbers Roost Creek downstream to Forest 21 Trout Creek 2.0 Service boundary N 7-26 22 Marquette Creek 0.5 Forks downstream to Forest Service boundary N 1.1 23 Clarks Fork River 5.9 Clarks Fork 1 Y 200 24 Jakeys Fork 2.3 Geyser Spring at Dubois Hatchery Y 3 25 Tensleep 0.5 Tensleep Creek at Wigwam Hatchery Y 4.76 Source: (WGF 2009b) Notes: 1 Approved status of yes indicates instream flow rights have been approved. No status indicates instream flow rights are still pending an evaluation for approval. 2 Medicine Lodge Creek instream flow segment approved between publishing of draft and final report. Available flow estimates for Medicine Lodge Creek presented in Technical Memorandum 4C - Available Surface Water Determination and Shortages do not include this instream flow segment.

State permitted instream flow rights are generally recommended to the Wyoming Water Development Commission for a water rights permit application by the WGF using the procedure outlined in their

Water Management Unit’s Five-Year Plan (WGF 2009d). Information regarding the water rights permit process is contained in Technical Memorandum 3H – Water Law and Water Administration. The WGF’s current water management policies are summarized as follows (WGF 2006):

1. Evaluate the overall function of the instream flow program, and include input from regional fishery management personnel. 2. Have specific instream flow goals and strategies: to protect important fisheries with instream flow rights; to apply the best available science to determine instream flow water levels while maximizing the number of instream flow applications; and to assist regions in meeting fisheries management and habitat goals. 3. Have specific water management goals and objectives: to appropriately manage existing WY Game and Fish water rights2; to increase public understanding of instream flow and water management issues; and to increase the understanding of public awareness of instream flow and water management issues. 4. Prioritize Yellowstone Cutthroat Trout streams for instream flow rights based on a hierarchical system of potential streams.

In addition to the decreed instream flow rights described above, the WGF keeps track of other stream segments where the public has expressed interest in establishing new water rights. WGF has provided the following segments where instream flows may help maintain or increase fish habitat and the rationale for including each of the segments (WGF 2009c). The potential instream flows would be one of two types: instream flow for protection (i.e., appropriate currently unappropriated water to maintain flows), or instream flows for restoration (i.e., change in a direct flow water right to an instream flow or release of water from storage to meet instream flows).

• Middle Fork Popo Agie through the town of Lander - this is a chronically dewatered stream segment that has been the subject of much discussion and several studies by local interests for many years. Flow restoration is important here. • North Fork Popo Agie - this is a highly productive trout stream on which WGF has a couple of public access agreements. There are no immediate threats to further dewatering this stream, but flow protection is important here. • Red Canyon Creek (tributary to Little Popo Agie River) - this stream flows through lands owned by The Nature Conservancy, and they have modified their irrigation practices in recent years to maintain or increase late summer flows . Flow protection and restoration are both important here. • Twin Creek (tributary to Beaver Creek) - Trout Unlimited expressed desire to explore flow restoration to this stream that passes almost exclusively through private land. The ranch owners were supportive of this effort. Again, flow restoration is the main interest on this stream. • Wind River through Dubois - Local interests have expressed a concern that flow be maintained in this stream that offers important fishery benefits to the tourism industry and local anglers in Dubois. Flow protection is the primary interest here. • Wind River on the Wind River Indian Reservation - several years ago, the tribes sought, unsuccessfully, to use a portion of their allocated water for instream flow. Presumably, they still have an interest in this matter. This interest is related to instream flow restoration. 3 • Bighorn River from Boysen Reservoir to Thermopolis - Adequate, continuous flows in this segment of the Bighorn are a priority for many people who use this stream segment for floating and fly fishing for trout. Flow protection and restoration are important here.

2 Note that instream flow water rights are held by WWDC and managed by WGF. 3 In Big Horn III (Wyoming Supreme Court Decision 83 P.2d 273), the Court ruled that the Tribes could use their water rights solely for agricultural purposes, and that the State Engineer had administrative authority over all water rights in the State but must turn to the courts if the Tribes violate the decree.

• Bighorn River below Worland - This section of river is annually impacted by extreme low flows and diminished water quality associated with irrigation return flows. This part of the Bighorn supports primarily warm-water species like sauger, channel catfish and shovelnose sturgeon. Flow restoration is the primary interest here. • Shell Creek on private land near Shell below Whaley Ditch headgate - At least one landowner has contacted WGF in recent years to express a desire to improve stream flow and trout habitat on his property. The primary issue on this stream segment is flow restoration. • Other streams in the Bighorn Basin where instream flow restoration is important include the Nowood River below Harmony Ditch, the Greybull River below Upper Sunshine Diversion, the Greybull River below Farmers Canal headgate, Franc Fork Creek below Pitchfork headgate, the South Fork Shoshone River below Cody Canal, and the Shoshone River below Willwood Dam

Wetlands and Wildlife Habitat Wetlands and riparian ecosystems are located throughout the Basin. These ecosystems are ecologically important because they are part of the wider hydrological system in the Basin. The services and benefits they provide play a key role in sustaining the livelihoods of communities and the survival of wildlife and biodiversity both in the catchment and downstream. Wetlands are important to maintaining stream flows, reducing erosion and instream sediment loads, as well as providing wildlife habitat.

Based on information provided by the National Wetlands Inventory (NWI) (USFWS, 2010), there are over 395,000 acres of wetlands within the Basin comprised of freshwater emergent wetlands, freshwater forested shrub wetlands, freshwater ponds, lakes, other freshwater wetlands and riverine. Wetland locations are shown in Figure 6. These wetlands provide critical habitat to many aquatic species, as well as migratory birds and terrestrial grazers residing in the Basin. A summary of the wetlands within the Basin by county is provided in Table 5. A description for each wetland type is provided in Table 6.

Table 5. NWI Wetlands by County Within the Wind-Bighorn Basin Freshwater Freshwater Forested/ Freshwater Emergent Wetland Shrub Wetland Pond Lake Other Riverine Total County (acres) (acres) (acres) (acres) (acres) (acres) (acres) Big Horn 16,164 6,776 1,472 9,061 394 4,769 38,636 Fremont 40,529 15,067 3,359 46,150 1,466 12,241 118,812 Hot Springs 2,989 1,226 364 114 201 1,197 6,092 Johnson 667 161 33 145 1 0 1,007 Natrona 918 67 119 37 351 19 1,511 Park 53,569 11,607 2,829 14,858 2,756 13,338 98,957 Sheridan 9 0 0 0 0 0 9 Teton 23,127 11,297 851 86,075 760 1,450 123,561 Washakie 2,278 1,475 726 141 320 1,685 6,624 Grand Total 140,249 47,677 9,754 156,581 6,249 34,698 395,209 Source: (USFWS, 2010)

Table 6. Description of the Wetland Types within the Wind-Bighorn Basin Wetland Type Description Freshwater Emergent wetland Herbaceous marsh, fen, swale and wet meadow Freshwater- Forested and Shrub wetland Forested swamp or wetland shrub bog or wetland Freshwater pond Pond Lakes Lake or reservoir basin Other Freshwater wetland Farmed wetland, saline seep and other miscellaneous wetland Riverine River or stream channel

Frannie Bighorn

Deaver Cowley Lake Cran C dall lark L Cr Ye s Fo am eek llo rk R ws Byron Lovell i ar ton v R e Powell er iver r Rive Yellowstone hone Shos River Madison Park River ll Creek She Teton Yellowstone North Fork Shoshone River Cody Dry Creek Greybull Lake Burlington Buffalo Bill Big Horn Reservoir Bighorn Basin River Pai Manderson ntroc C k reek r k e v r i o R ll N F bu Meeteetse e rey F o h G ift w ep t n r ee R o sle o ive n o Ten u R C M iv d eek o h r ile e Cr s eek r S o Washakie h Gooseberry S Worland Ten Creek Sleep

Cottonwood N o Creek w C at re er Kirby ek O Kirby wl Cr Creek eek Thermopolis East Fork Hot Springs Dubois Wind River Wind Wi nd River R Boysen ive M r F ud Reservoir ive C dy mi re Fremont Cr le ek eek Natrona Pavillion Shoshoni Bull Ocean Poison e Lake ak Lake Creek ll L Bu ek Cre Fort Ethete Riverton Washakie Arapahoe Popo Agie B River ea Hudson C ve re r ek Lander

Middle Popo Agie River

Legend Wetland Type Cities Freshwater Emergent Wetland Rivers Freshwater Forested/Shrub Wetland

Wyoming Water Development Commission Lakes, Reservoirs Freshwater Pond County Boundary Lake 015 30± 60 Study Basins Other Riverine Scale in Miles

Figure 6. Wetland Locations by Type within the Wind-Bighorn Basin

WGF has designated several areas within the Basin as Aquatic Habitat and Terrestrial Habitat Priority Areas (Figure 7-Figure 10). These habitat areas or community types are associated with wildlife species and assemblages in the greatest need of attention/restoration (WGF, 2009d). As a result WGF has implemented conservation measures and guidelines for restoring, enhancing and managing wildlife habitat in their Strategic Habitat Plan (SHP). As part of the SHP, two sets of habitat priority areas were developed by WGF: crucial areas and enhancement areas.

Crucial Habitat Priority Areas are based on significant biological or ecological values. These are areas that need to be protected or managed to maintain viable healthy populations of terrestrial and aquatic wildlife for the present and future. They represent habitat values and identify where those values occur on the landscape. Examples of values include crucial winter range, Species of Greatest Conservation Need (SGCN) diversity and uniqueness, quality and condition of vegetative communities, and quality of watershed hydrologic function.

Enhancement Habitat Priority Areas are those with potential to address wildlife habitat issues and to improve, enhance, or restore wildlife habitats. These areas offer potential for improving habitat and may overlap crucial areas or be distinct from them. Enhancement areas are based on habitat issues and include habitat fragmentation, water quality effects, water quantity limitations, lack of fish passage, loss of fish to diversions, and degraded habitat.

Many of the wetlands, riparian and terrestrial areas in the Basin are included in these priority habitat areas and represent an important water resource to the region. Within the Basin there are over 2.9 million acres of Crucial Aquatic Habitat Areas and 2.8 million acres of Aquatic Habitat Enhancement Areas (Table 7-Table 9). Crucial Terrestrial Habitat Priority Areas comprise over 4.7 million acres, with 900,000 acres designated as Terrestrial Habitat Enhancement Areas, and an additional 1.3 million acres of Combined Aquatic and Terrestrial Crucial and Habitat Enhancement Areas. Conserving and restoring habitat in these areas is important to preserving the wildlife resources and the diverse habitat supported by the Basin. Additional information for each of the Crucial and Enhancement Habitat Priority Areas can be found on the WGF Habitat portal (WGF, 2009d).

Table 7. Aquatic Crucial and Enhancement Habitat Priority Areas Type Region Goal Name Acres Aquatic Cody Crucial Upper Bighorn River 14,259 Aquatic Cody Crucial Lower Shoshone River 195,649 Aquatic Cody Crucial Lower Bighorn River Complex 161,068 Aquatic Cody Crucial North Fork Shoshone River 525,733 Aquatic Cody Crucial South Fork Shoshone River 416,331 Aquatic Cody Crucial Yellowstone Cutthroat Trout Habitat 1,461,220 Aquatic Green River Crucial The Sandy 378 Aquatic Lander Crucial Wind River Basin Burbot 48,099 Aquatic Lander Crucial Wind River Basin Sauger 122,393 Aquatic Sheridan Crucial YSC Restoration Watersheds 160 Aquatic Sheridan Crucial Class1 High Productivity Sport Fisheries 9 Crucial Aquatic Habitat Total 2,945,299 Aquatic Cody Enhancement Lower Shoshone River 195,649 Aquatic Cody Enhancement Lower Bighorn River Complex 161,068 Aquatic Cody Enhancement Upper Bighorn River 14,259 Aquatic Cody Enhancement North Fork Shoshone River 525,733 Aquatic Cody Enhancement South Fork Shoshone River 416,331 Aquatic Cody Enhancement Yellowstone Cutthroat Trout Habitat 1,088,815 Aquatic Jackson Enhancement Upper South Fork of Fish Creek 381 Aquatic Lander Enhancement Main Stem Wind River 13,505 Aquatic Lander Enhancement Ocean Lake Watershed 65,431 Aquatic Lander Enhancement Upper Sweetwater Watershed 1,884 Aquatic Lander Enhancement Wind River Basin Sauger 37,441 Aquatic Lander Enhancement Lower Sweetwater Watershed 664 Aquatic Lander Enhancement Upper Wind River Watershed 275,568 Aquatic Sheridan Enhancement YSC Restoration Watersheds 159 Enhanced Aquatic Habitat Total 2,796,888

Table 8. Combined Aquatic and Terrestrial Crucial and Enhancement Habitat Priority Areas Type Region Goal Name Acres Combined Cody Crucial Riparian 325,915 Combined Lander Crucial Upper Wind River Basin 395,361 Combined Lander Crucial Upper Sweetwater Watershed 1,988 High Elevation Riparian and Aspen Communities- Combined Sheridan Crucial 7,825 East Slope Bighorn Mountains Crucial Combined Habitat Total 731,089

Combined Cody Enhancement Riparian 72,318 Combined Jackson Enhancement Buffalo Valley Habitat Improvement 141 Combined Lander Enhancement Dubois WHMAs 63,564 Combined Lander Enhancement Beaver Creek - Popo Agie Watersheds 432,705 High Elevation Riparian and Aspen Communities – Combined Sheridan Enhancement 1,692 Big Goose and Tongue Allotment Enhanced Combined Habitat Total 570,420

Table 9. Terrestrial Crucial and Enhancement Habitat Priority Areas Type Region Goal Name Acres Terrestrial Cody Crucial Sage Grouse Core Areas 1,756,757 Terrestrial Cody Crucial Aspen Communities 58,061 Terrestrial Cody Crucial Big Game Crucial Habitats 950,073 Terrestrial Cody Crucial Spruce-fir Stands 283,891 Terrestrial Cody Crucial Elk Security Areas on the Bighorn National Forest 45,585 Terrestrial Lander Crucial Badwater Creek Watershed 436,524 Terrestrial Lander Crucial Poison Creek Watershed 619,182 Terrestrial Lander Crucial Lower Sweetwater River Watershed 10,231 Terrestrial Lander Crucial Popo Agie - Beaver Creek River Watershed 534,267 Crucial Terrestrial Habitat Total 4,694,571 Terrestrial Cody Enhancement Sagebrush Habitats Threatened by Conifer Encroachment 275,127 Terrestrial Cody Enhancement Forage Competition Between Livestock and Big Game 477,508 Terrestrial Cody Enhancement Curlleaf Mountain Mahogany Communities 51,272 Terrestrial Cody Enhancement Cheatgrass Infestations 59,171 Terrestrial Cody Enhancement Aspen Communities at Risk 26,740 Terrestrial Lander Enhancement Ocean Lake 11,822 Terrestrial Lander Enhancement Sand Mesa 20,870 Enhanced Terrestrial Habitat Total 922,510

Big Game Habitat

Big game hunting and wildlife viewing provide substantial benefits to local and statewide tourism and economy. The health and persistence of big game herds and the positive economic effects derived from them rely largely on the preservation and effective management of seasonal ranges and the movement pathways or “migration corridors” used by big game animals to move between seasonal ranges. The Basin provides habitat for eight different types of big game animals including: Pronghorn Antelope, Bighorn Sheep, Bison, Elk, Moose, Mule Deer, Mountain Goats and White Tailed Deer. The size of each of the herds and the areas they occupy vary seasonally and throughout the Basin (Figure 11 -Figure 18, Table 10). Although the parturition areas (birthing areas) and seasonal range varies by herd type and location, much of the crucial range for all of the big game residing in the Basin is along the riparian corridors and wetland habitat (WGF 2009e, WGF 2009f).

Figure 7. Crucial Aquatic and Combined Crucial Habitat Priority Areas within the Wind-Bighorn Basin

Figure 8. Terrestrial Habitat Enhancement Priority Areas within the Wind-Bighorn Basin

Figure 9. Crucial Terrestrial Habitat Priority Areas within the Wind-Bighorn Basin

Figure 10. Terrestrial Habitat Enhancement Priority Areas within the Wind-Bighorn Basin

Figure 11. Pronghorn Antelope Habitat Areas within the Wind-Bighorn Basin

Figure 12. Bighorn Sheep Habitat Areas within the Wind-Bighorn Basin

Figure 13. Bison Habitat Areas within the Wind-Bighorn Basin

Figure 14. Elk Habitat Areas within the Wind-Bighorn Basin

Figure 15. Moose Habitat Areas within the Wind-Bighorn Basin

Figure 16. Mule Deer Habitat Areas within the Wind-Bighorn Basin

Figure 17. Rocky Mountain Goat Habitat Areas within the Wind-Bighorn Basin

Figure 18. White Tailed Deer Habitat Areas within the Wind-Bighorn Basin

Table 10. Big Game Herd Populations within the Wind-Bighorn Basin Big Game Herd Herd ID Herd Unit Name Population Estimate 202 Bighorn NA 203 Copper Mountain 5,152 204 Fifteenmile 4,458 205 Carter Mountain 4,830 Pronghorn Antelope 207 Badger Basin 1,126 631 Wind River 627 632 Beaver Rim 24,504 634 Badwater 3,645 635 Project 288 Total 44,630 201 Clark's Fork 500 202 Trout Peak 579 203 Wapiti Ridge 995 Bighorn Sheep 204 Yount's Peak 923 205 Franc's Peak 1,386 609 Whiskey Mountain 681 Total 5,064 211 Medicine Lodge 2,996 214 Gooseberry 3,488 216 Cody 6,614 217 Clark's Fork 5,263 321 North Bighorn 4,875 Elk 322 South Bighorn 5,450 635 Wiggins Fork 5,974 637 South Wind River 3,696 638 Green Mountain NA Total 38,356 201 Absaroka NA 620 Lander 315 Moose 621 Dubois 400 Total 715 207 Paintrock 10,060 208 Southwest Bighorns 26,455 209 Basin 2,713 210 Greybull River 4,120 211 Shoshone River NA 212 Owl Creek/Meeteetse 4,582 215 Upper Shoshone 13,900 216 Clark's Fork 8,168 321 North Bighorn 26,404 Mule Deer 642 Dubois 7,085

643 Project NA 644 South Wind River 10,267 648 Beaver Rim 1,150 755 North Converse 9,300 756 South Converse 13,546 757 Bates Hole/Hat Six 9,143 758 Rattlesnake 5,267 759 North Natrona 3,433 Total 155,593 Mountain Goat 201 Beartooth 200 White -tailed Deer 201 Bighorn Basin NA

Section 4 – Summary

Recreation, including tourism, is one of Wyoming’s three major industries. The non-consumptive recreational water uses in the Basin, such as those associated with fishing, boating, hunting, and swimming account for a majority of the activities tourists participate in when visiting the State of Wyoming. Recreational fishing is the most important water-based recreational activity in the Basin, comprising over 55 percent of the total water-based activities that tourists participate in when visiting Wyoming (WBC, 2008). “Fishing includes fishing in streams and rivers and flatwater (or lake) fishing.

Whitewater and scenic rafting segments are located on several of the Basin’s rivers, with 18 designated whitewater rafting segments totaling over 197 miles of stream (Figure 3) and over 32 miles of stream designated as Wild and Scenic (Figure 4). River rafting and kayaking comprise approximately 7.4% of tourist activities in the State of Wyoming.

In addition to the extensive network of streams and rivers in the Basin, there are 38 major reservoirs and lakes. Of these, 11 are recognized as major recreation sites in Wyoming and include: Bighorn Lake, Boysen Reservoir, Bull Lake, Lake Cameahwait, Deaver Reservoir, Greybull Valley Reservoir, Newton Reservoir, Pilot Butte Reservoir, Ten Sleep Reservoir, and Yellowstone Lake (Bureau of Reclamation 2009).

The economic development generated by the fishing industry and recreational activities in the Basin includes jobs, business earnings and personal income to Wyoming residents and is dependent upon maintaining the recommended stream flows for fisheries and for recreational uses associated with them.

Instream flow water rights for the protection of fisheries within the Wind-Bighorn Basin are an important environmental resource. Federal Reserve instream flow rights in the Basin for the Bighorn National Forest total about 43,500 acre-feet per year, and Federal Reserve instream flow rights in the Shoshone National Forest total about 605,600 acre-feet per year. In addition, there are currently 25 State instream flow filings (21 of which are permitted) within the Basin, most of which occur in the Bighorn Basin.

Wetlands and riparian ecosystems are ecologically important to the Basin and play a key role in sustaining the livelihoods of communities and the survival of wildlife and biodiversity both in the catchment and downstream. There are over 395,000 acres of wetlands within the Basin comprised of freshwater emergent wetlands, freshwater forested shrub wetlands, freshwater ponds, lakes, other freshwater wetlands and riverine.

WGF has designated several areas within the Basin as Aquatic Habitat and Terrestrial Habitat Priority Areas. Within the Basin there are over 2.9 million acres of Crucial Aquatic Habitat Areas and 2.8 million Aquatic Habitat Enhancement Areas (Table 7-Table 9). Crucial Terrestrial Habitat Priority Areas comprise over 4.7 million acres, with 900,000 acres designated as Terrestrial Habitat Enhancement Areas, and an additional 1.3 million acres of Combined Aquatic and Terrestrial Crucial and Habitat Enhancement Areas.

Big game hunting and wildlife viewing provide substantial benefits to local and statewide tourism and economy. The Basin provides habitat for eight different types of big game animals including: Pronghorn Antelope, Bighorn Sheep, Bison, Elk, Moose, Mule Deer, Mountain Goats and White Tailed Deer. The health and persistence of big game herds and the positive economic effects derived from them rely largely on the preservation and effective management of seasonal ranges in the Basin.

The recreational activities and non-consumptive water demands associated with the aquatic and terrestrial habitats represent an important economic and aesthetic value to the Basin. Managing these water resources is fundamental to maintaining current and future use.

Section 5 – References American Whitewater, 2009. Whitewater Stream segments and Stream Flow Data. http://www.americanwhitewater.org/ Date accessed: October 5, 2009.

Bureau of Reclamation, 2009. Reservoir Allocation Reports. Date Accessed: September 22, 2009. http://www.usbr.gov/gp/lakes_reservoirs/wareprts/reservoir_allocations.cfm

National Wild and Scenic Rivers, 2009. Wild and Scenic River Listing s and Locations for the Basin. http://www.rivers.gov/ Date accessed September 30, 2009.

Trout Unlimited, 2005. The Economic Value of Healthy Fisheries in Wyoming. Trout Unlimited Wyoming Water Project Report. http://www.tu.org/ Date accessed: September 24, 2009.

U.S. Fish and Wildlife Service (USFWS). 2010. National Wetlands Inventory. http://www.fws.gov/wetlands/index.html . Date accessed: March 9, 2010.

WBC, 2009. Wyoming Business Council. 2008 Visitor Profile. Date accessed: September 24, 2009. http://www.wyomingbusiness.org/tourism.aspx

WDEQ, 2009. Wyoming Department of Environmental Quality. Surface Water Classifications and Standards. Date accessed: October 5, 2009. http://deq.state.wy.us/wqd/watershed/surfacestandards/index.asp

WGF, 2006. WY Game and Fish Water Management Unit Five-Year Plan; 2006 to 2010. Authored by T. Annear and P. Dey. April. http://gf.state.wy.us/downloads/pdf/Fish/5yearplan2006.pdf .

WGF. 2009b. WY Game and Fish Instream Flow Locations Inventory. Provided by Mike Robertson, Instream Flow Biologist.

WGF, 2009c. WY Game and Fish Personal communication with Tom Annear, WY Game and Fish Water Management Coordinator. May 22.

WGF, 2009d. WY Game and Fish Habitat Priority Areas. Date accessed: October 2, 2009. http://gf.state.wy.us/habitat/portal/index.asp

WGF, 2009e WY Game and Fish Big Game Habitat. GIS mapping information. ftp://gf.state.wy.us Date accessed: September 21, 2009.

WGF, 2009f. WY Game and Fish Big Game Habitat. Personal communication with Rebecca Schilowsky, Wildlife Biologist. September 21, 2009.

WSEO, 2009. Wyoming State Engineer’s Office. Personal communication with Nancy McCann. May 26.

WSPHT, 2009. Wyoming State Parks, Historic Trails. Listing of State Parks and Reservoirs for the Basin. http://wyoparks.state.wy.us/ . Date accessed: October 2, 2009.

Wyoming Judicial Branch. 2009. Big Horn Adjudication website. http://bhrac.courts.state.wy.us .

DISCLAIMER

The following disclaimer applies to all water rights information contained in this document, which was taken from State of Wyoming, State Engineer’s Office (WSEO) website (http://seo.state.wy.us/wrdb/index.aspx):

The data contained herein are provided AS IS and IN NO EVENT SHALL the State of Wyoming, its agencies or representatives, be LIABLE for any DAMAGES including, without limitation, damages resulting from lost data or profits or revenue the costs of recovering such data, the cost of substitute data, computer repair or replacement costs, claims by third parties for similar costs, or any special, direct or indirect, incidental, punitive or consequential damages of any kind whatsoever, arising out of the use of these data. The accuracy or reliability of the data IS NOT GUARANTEED or WARRANTED in any way and the State of Wyoming, its agencies or representatives, EXPRESSLY DISCLAIM LIABILITY, whether expressed or implied, or of any kind whatsoever, including, without limitation, liability for QUALITY, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE arising from the use of the data, NEITHER the State of Wyoming, NOR its agencies or representatives, including the State Engineer’s Office, REPRESENT or ENDORSE the ACCURACY or RELIABILITY OF ANY INFORMATION contained in the database, as some of the data are provided by permit applicants and may not have been verified by the State of Wyoming, its agencies or representatives. The State of Wyoming, its agencies and representatives RESERVE THE RIGHT, at their sole discretion, WITHOUT OBLIGATION, to MODIFY, ADD OR REMOVE all or portions of the data , at any time, WITH OR WITHOUT NOTICE. This includes the correction of errors or omissions within the database. All data or information provided by the Wyoming State Engineer’s Office shall be used and relied upon only at the USER’S SOLE RISK, and the user agrees to indemnify and hold harmless the State of Wyoming, its agencies or representatives, including the Wyoming State Engineer’s Office, and its officials, officers, and employees, from any liability arising out of the use or distribution of these data.

Appendix A

Designated Fishing Locations Within the Basin

A-1

Table A1. BLM,WGF and WYGISC Public Fishing Access Points within Wind Bighorn Basin. ID Number Location Agency Latitude Longitude 1 Wedding of the Waters BLM 43.62549085 -108.1782963 2 Thermopolis Bridge BLM 43.66957944 -108.2204696 3 Eggert BLM 43.82676528 -108.207052 4 Longwell BLM 43.7788425 -108.2070516 5 Shaffer BLM 43.73283683 -108.218553 6 Wakely BLM 43.71750166 -108.1859646 7 Hot Springs State Park BLM 43.69066511 -108.1418744 8 Kirby Ditch/McCarthy BLM 43.74817187 -108.1342069 9 Marino/Skelton/Sorenson BLM 43.80376236 -108.1457091 10 Worland Boat Ramp BLM 43.96969496 -108.0059123 11 Worland Riverside Park BLM 44.02229111 -107.9923541 12 Duck Swamp Environmental Education Area BLM 44.06488285 -107.9982454 13 Durkee Boat Ramp BLM 44.04146073 -107.9290942 14 Rairden Bridge BLM 44.19097989 -107.9501824 15 Goose Island BLM 44.25040448 -107.9175943 16 Manderson Highway Bridge BLM 44.2906592 -107.9693531 17 Elk Creek Glory Hole BLM 44.35349681 -108.0714142 18 Basin Gardens BLM 44.47276511 -108.0249469 19 Basin Bridge BLM 44.38075242 -108.1878881 20 Wardell Bridge BLM 44.35966606 -108.2434799 21 Harrington Reservoir BLM 44.36925036 -108.2914044 22 Greybull Bridge BLM 44.56505603 -108.0460343 23 Railroad BLM 44.52835493 -108.0824563 24 Shell Creek BLM 44.63551499 -107.6185492 25 Renner Reservoir BLM 44.15820315 -107.4786043 26 Paintrock Creek BLM 44.25404882 -107.5016082 27 Medicine Lodge Creek BLM 44.31922393 -107.5437828 28 ML Dike Ramp BLM 44.77697613 -108.1572204 29 Old Kane Ramp BLM 44.91541355 -108.1631138 30 Buffalo Bill Reservoir BLM 44.48943715 -109.155968 31 Cody Canal BLM 44.42234444 -109.2556517 32 Andy Martin BLM 44.39550731 -109.2978258 33 Castle Rock BLM 44.38783916 -109.3419172 34 Luce Reservoir BLM 44.75354678 -109.2864643 35 North Fork Trout Creek BLM 44.49710258 -109.3438354 36 Stagecoach Trail BLM 44.48751759 -109.3860097 37 River's Rest BLM 44.46381487 -109.426127 38 Wapiti BLM 44.42972972 -109.4711973

A-2

ID Number Location Agency Latitude Longitude 39 Hogan Reservoir BLM 44.7827199 -109.2537351 40 Charles Fork Canyon Mouth BLM 44.82942422 -109.3023597 41 Clarks Fork BLM 44.88010275 -109.255512 42 BearTooth Ranch BLM 44.82914506 -109.2188094 43 Twin Creek Trail BLM 44.28627682 -109.3850683 44 Bobcat/Houlihan BLM 44.22125049 -109.4711833 45 Wapiti Fishing Access BLM/WGF 44.46967052 -109.4317043 46 Twin Ck Trailhead Fishing Access BLM/WGF 44.32344004 -109.4010161 47 Hogan Reservoir Fishing Access BLM 44.78762429 -109.2569882 48 Luce Reservoir Fishing Access BLM 44.783111 -109.2547438 49 Clarks Fk. - Misc Fishing Access BLM 44.82457068 -109.2409153 50 Clarks Fk. - Misc Fishing Access BLM 44.83586423 -109.2322266 51 Clarks Fk. - Misc Fishing Access BLM 44.82633827 -109.2537425 52 Clarks Fk. - Misc Fishing Access BLM 44.82769722 -109.2556346 53 Clarks Fk. - Misc Fishing Access BLM 44.83047325 -109.2596053 54 Clarks Fk. - Misc Fishing Access BLM 44.83856992 -109.2762908 55 Clarks Fk. @ Canyon Mouth Fishing Access BLM 44.8421777 -109.3199506 56 Andy Martin Fishing Access BLM/WGF 44.40862603 -109.2676708 57 Trout Ck Fishing Access BLM/WGF 44.47826404 -109.3395944 58 Stagecoach Trail (6 FU) Fishing Access BLM/WGF 44.47944002 -109.358871 59 N. Fk. Shoshone River Fishing Access BLM/WGF 44.47172849 -109.4209483 60 Clarks Fk. @ Boat Launch Fishing Access BLM 44.84323744 -109.2805945 61 Cody Canal Fishing Access BLM/WGF 44.42309031 -109.2563367 62 Castle Rock Fishing Access BLM 44.39542868 -109.3094728 63 Bobcat/Houlihan Fishing Access BLM/WGF 44.29298355 -109.4834894 64 Seven Mountain Fishing Access BLM 44.55493524 -109.0060718 65 Clarks Fk. - Beartooth Ranch WGF 44.84507929 -109.2029107 66 Clarks Fk. - Edellweiss WGF 44.89363043 -109.1115288 67 Clarks Fk. - Misc Fishing Access WGF 44.90613839 -109.1162569 68 Clarks Fk. - Misc Fishing Access WGF 44.88960006 -109.1208011 69 Clarks Fk. - Misc Fishing Access WGF 44.88623999 -109.1374176 70 Clarks Fk. - Misc Fishing Access WGF 44.86429528 -109.1458307 71 Clarks Fk. - Misc Fishing Access WGF 44.94242543 -109.13608 72 Shoshone River - Cody (aka Belfry Bridge) WGF/City of Cody 44.53414138 -109.0632739 73 Shoshone River - Corbett Bridge WGF 44.57727164 -108.973799 74 Shoshone River - Corbett Dam WGF 44.59114459 -108.9483014 75 Yellowtail Wildlife HMA WGF 44.80478916 -108.1683718 76 Yellowtail Wildlife HMA WGF 44.82777455 -108.1595108 77 Yellowtail Wildlife HMA WGF 44.87102423 -108.3143494 78 Yellowtail Wildlife HMA WGF 44.87891511 -108.2885962 79 Yellowtail Wildlife HMA WGF 44.87100939 -108.2546199 80 Yellowtail Wildlife HMA WGF 44.85993754 -108.2296717 81 Yellowtail Wildlife HMA WGF 44.88456462 -108.2220621

A-3

ID Number Location Agency Latitude Longitude 82 Yellowtail Wildlife HMA WGF 44.884713 -108.2050378 83 Yellowtail Wildlife HMA WGF 44.87467364 -108.2067383 84 Shoshone River - Penrose Dam WGF 44.74077722 -108.5950991 85 Shoshone River - Willwood WGF 44.70906986 -108.7590721 86 Shoshone River - Willwood WGF 44.70694478 -108.7603771 87 Shoshone River - Willwood WGF 44.70405027 -108.7506909 88 Yellowtail Wildlife HMA WGF 44.84344468 -108.1985079 89 Yellowtail Wildlife HMA WGF 44.82985469 -108.1952807 90 Yellowtail Wildlife HMA WGF 44.82207525 -108.1903924 91 N. Fk .Shoshone River- Livermore WGF 44.46917234 -109.4989 92 Clarks Fk. - Misc Fishing Access WGF 44.83820003 -109.2170795 93 Clarks Fk. - Misc Fishing Access BLM/WGF 44.85571481 -109.2067326 94 North Popo Agie WGF 42.87988553 -108.7242454 95 Lucky Pond WGF 42.85609327 -108.6906271 96 Middle Popo Agie WGF 42.77903508 -108.7745942 97 Little Popo Agie Public Access WGF 42.70493641 -108.6546083 98 Little Popo Agie WYGISC 42.82541768 -108.6467983 99 Popo Agie River WYGISC 42.95503734 -108.4918652 100 Bull Lake WYGISC 43.20723962 -109.0489803 101 Ocean Lake WYGISC 43.18497671 -108.5808081 102 Shoshone Lake WYGISC 42.78199375 -109.0238228 103 North Popo Agie River WYGISC 42.80536742 -109.0441187 104 Frye Lake WYGISC 42.70848524 -108.8781871 105 Middle Popo Agie Rive WYGISC 42.71596251 -108.8920223 106 Louis Lake WYGISC 42.59529248 -108.8461164 107 Christina Lake WYGISC 42.58517477 -108.93938 108 Washakie Lake WYGISC 42.8223854 -109.2340552 109 Brooks Lake WYGISC 42.82378679 -109.2478525 110 Baptiste Lake WYGISC 42.8746695 -109.3066722 111 Lake Solitude WYGISC 42.92180008 -109.323785 112 Sonnicut Lake WYGISC 42.94204595 -109.3313943 113 Lake Heebeecheche WYGISC 42.95997763 -109.338443 114 Raft Lake WYGISC 42.98217295 -109.2700742 115 Moccasin Lake WYGISC 42.90693011 -109.1046584 116 Alpine Lake WYGISC 43.07087147 -109.4331587 117 Ross Lake WYGISC 43.39099106 -109.6555718 118 Simpson Lake WYGISC 43.41832225 -109.7423262 119 Trail Lake WYGISC 43.4391 -109.5360909 120 Ring Lake WYGISC 43.45532558 -109.5396857 121 Torrey Lake WYGISC 43.46546376 -109.5539652 122 Wind River WYGISC 43.51735245 -109.5729631 123 Brooks Lake WYGISC 43.75691894 -110.0022416 124 Boysen Reservoir WYGISC 43.30055495 -108.1912751

A-4

ID Number Location Agency Latitude Longitude 125 Cameahwait Lake WYGISC 43.29951874 -108.2445703 126 Wind River Canyon WYGISC 43.52611045 -108.1801111 127 Bighorn River, upper WYGISC 43.618706 -108.2132544 128 Bighorn River, lower WYGISC 44.44445244 -108.0389246 129 Greybull River WYGISC 44.39932433 -108.4342441 130 Wood River WYGISC 44.0419848 -108.9708585 131 Buffalo Bill Reservoir WYGISC 44.47471413 -109.2053707 132 South Fork Shoshone WYGISC 44.36242814 -109.3403385 133 Thorofare Creek WYGISC 44.11532101 -110.0371099 134 Yellowstone Lake WYGISC 44.46884507 -110.3546002 135 Yellowstone River, upper WYGISC 44.62005701 -110.4164452 136 Gibbon River WYGISC 44.65147072 -110.815601 137 Firehole River WYGISC 44.597057 -110.8328256 138 Gardner River WYGISC 44.97571094 -110.6827522 139 Yellowstone River, lower WYGISC 44.9624674 -110.4622746 140 Slough Creek WYGISC 44.94013942 -110.3110204 141 Lamar River WYGISC 44.91083127 -110.2668669 142 Yellowstone River, Clarks Fork WYGISC 44.9651955 -109.8240035 143 Lake Reno WYGISC 44.98809015 -109.7347738 144 Granite Lake WYGISC 44.99118753 -109.6652997 145 Beartooth Lake WYGISC 44.94626025 -109.5937047 146 Deep Lake WYGISC 44.89460204 -109.3930831 147 Bighorn Lake WYGISC 44.84907049 -108.1844423 148 Porcupine Creek WYGISC 44.94665531 -108.0783498 149 North Fork Shoshone WYGISC 44.46160202 -109.6690733 150 Shell Creek WYGISC 44.53890788 -107.883042 151 Adelaide Lake WYGISC 44.52207025 -107.39924 152 Shell Reservoir WYGISC 44.51240281 -107.4096654 153 Upper Medicine Lodge Lake WYGISC 44.40526593 -107.4039643 154 Lower Medicine Lodge Lake WYGISC 44.3995759 -107.394658 155 Upper Paint Rock Lake WYGISC 44.40537571 -107.3765304 156 Lower Paint Rock Lake WYGISC 44.39256888 -107.3816279 157 Medicine Lodge Creek WYGISC 44.27202094 -107.5625649 158 Paint Rock Creek WYGISC 44.23601974 -107.6536351 159 Tensleep Creek WYGISC 44.06762144 -107.3737087 160 Meadowlark Lake WYGISC 44.16934501 -107.2217768 161 Tensleep Creek, East WYGISC 44.19362788 -107.1753287 162 West Tensleep Lake WYGISC 44.26285954 -107.2158141 163 Tensleep Creek, West WYGISC 44.28086786 -107.2136884 164 Soldier Creek WYGISC 44.24586525 -107.2843403 165 Lake Solitude WYGISC 44.35198386 -107.2599676

A-5

Appendix B

Federal Reserve Instream Flow Rights for the Shoshone and Bighorn National Forests

(Note: This table only available as a pdf file from Phase II tabulation. It retains the original document table number and pagination.)

B-1

B-2

B-3

B-4

B-5

B-6

B-7

B-8

B-9

B-10

B-11

B-12

B-13

B-14

B-15

B-16

B-17

Appendix C

State Instream Flow Rights Detailed Information

C-1

Table C1. State Permitted Instream Flow Rights Permit Information Flow Instream Range Flow (cfs, Length Sequence Temporary Permit Hearing min- Beginning (S- Water No. Stream name (mi) Location Approved 1 No. Filing No. Priority No. Held Date Issued max) T-R) Ending (S-T-R) Division/District North Fork Pickett 1 Creek 2.5 Unnamed drainage downstream to mouth Y 92 32 6/40 2/10/2004 78 IF X 10/23/2008 0.4-8 24-49-104 L47-49-104 3/16 2 Greybull River 4.3 Anderson Ck. downstream to State-deeded land border Y 91 32 5/40 2/10/2004 77 IF X 10/23/2008 19-65 36-48-105 T67-48-104 3/16 3 Piney Creek 2.3 Unnamed drainage downstream to Wilderness boundary Y 90 32 4/40 2/10/2004 76 IF X 10/23/2008 1.9-55 8-48-104 T68B-48-104 3/16

4 Francs Fork Creek 5.2 Unnamed drainage downstream to 1/4 mile above diversion Y 87 31 2/314 7/8/2003 81 IF X 10/23/2008 4.8-160 20-47-103 34-48-103 3/16 5 Timber Creek 4.3 Private/State border downstream to above diversion Y 89 31 4/314 7/8/2003 83 IF X 10/23/2008 0.3-5.6 46-47-103 32-48-102 3/16 6 Pickett Creek #1 4.7 N. Fork Pickett confluence downstream to sec. boundary Y 85 31 6/313 7/8/2003 79 IF X 10/23/2008 1.4-11.2 L47-49-104 9-48-103 3/16 7 Pickett Creek #2 3.4 N. Fork Pickett upstream Y 86 31 1/314 7/8/2003 80 IF X 10/23/2008 0.9-25 27-49-104 L47-49-104 3/16 8 Jack Creek 2.5 Forks downstream to Greybull River Y 88 31 3/314 7/8/2003 82 IF X 10/23/2008 1.8-19 33-48-104 21-48-104 3/16 9 Wind River 5.3 Public fishing area east of Dubois Y 10 26 5/341 3/9/1989 10 IF X 6/22/1997 102-110 23-41-106 5-40-105 3/3 10 Little Popo Agie River 1.4 Public fishing area near Lander Y 48 28 3/159 10/8/1993 43 IF X 1/17/2006 21-45 4-31-99 34-32-99 3/1 11 Shoshone River 15.1 Buffalo Bill Dam to Corbett Diversion N 40 27 3/283 12/31/1991 162-350 12-52-103 12-53-101 3/9 12 Shell Creek #1 10.5 Adelaide Creek to Shell Falls Y 45 28 6/158 10/8/1993 12 IF X 11/26/1999 19-70 27-53-88 7-53-89 3/7 13 Shell Creek #2 6.1 Shell Falls downstream to Forest Service boundary Y 46 28 1/159 10/8/1993 13 IF X 11/26/1999 23-40 7-53-89 16-53-90 3/7 14 Medicine Lodge Creek 7.5 BLM/State land near Hyattville N 15 27 2/146 12/17/1990 X 9-20 28-51-88 T60-50-89 3/12 15 Tensleep Creek 8.0 Forest Service boundary up to confluence of east & west Y 4 26 5/157 7/2/1987 4 IF X 1/13/1991 22 6-48-86 4-47-87 3/6 16 Dick Creek 2.2 Gwynn Fork downstream to Forest Service boundary Y 97 32 5/330 1/21/2005 72 IF X 1/15/2008 0.85-12 32-47-102 4-46-102 3/16 Wood River blw. M. Fk. Deeded below M. Fork Wood downstream to Forest 17 Wood 1.0 Service boundary Y 95 32 3/330 1/21/2005 70 IF X 1/14/2008 24-51 29-46-102 29-46-102 3/16 Wood River abv M. Fk. JoJo Creek downstream to deeded land above M. Fork 18 Wood 3.8 Wood Y 94 32 2/330 1/21/2005 69 IF X 1/14/2008 14-31 22-46-103 30-46-102 3/16 19 South Fork Wood River 3.9 Chimney Creek downstream to deeded land Y 96 32 4/330 1/21/2005 71 IF X 1/15/2008 6-25 8-45-102 28-46-102 3/16 Middle Fork Wood 20 River 4.9 Dundee Creek downstream to confluence with Wood River Y 93 32 1/330 1/21/2005 68 IF X 1/14/2008 9.5-20 11-45-103 30-46-102 3/16 Robbers Roost Creek downstream to Forest Service 21 Trout Creek 2.0 boundary N 99 33 6/06 6/16/2006 7-26 28-52-104 34-52-104 3/9 22 Marquette Creek 0.5 Forks downstream to Forest Service boundary N 98 33 5/275 6/16/2006 1.1 10-50-103 10-50-103 3/9 23 Clarks Fork River 5.9 Clarks Fork 1 Y 1 26 2/98 12/4/1986 1 IF X 5/6/1988 200 33-56-104 13-56-104 3/10 BOC Pet - 24 Jakeys Fork 2.3 Geyser Spring at Dubois Hatchery Y 102 20272 4/19/1949 P20272D 9/26/2007 3 29-41-106 15-41-106 3/3 BOC Pet - 25 Tensleep 0.5 Tensleep Creek at Wigwam Hatchery Y 103 31194 4/9/1979 P31194D 9/21/2007 4.76 T100-47-88 T100-47-88 3/6

C-2

Table C2. State Permitted Instream Flow Rights Permitted Flows No. Stream Name Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1 North Fork Pickett Creek 0.9 0.7 0.5 0.4 0.4 0.4 0.4 6 8 8/2.1 2.1 1.4 2 Greybull River 25 25 25 19 19 22 22 65 65 34 34 34 3 Piney Creek 2.52 2.52 2.52 1.9 1.9 2.1 2.1 30 55 55/7 7 7 4 Francs Fork Creek 8 8 6 4.8 4.8 5.5 8 80 160 17 17 17 5 Timber Creek 1.9 1.1 0.7 0.5 0.5 0.5 1 5.6 5.6 4.3 1.9 0.3 6 Pickett Creek #1 3.6 2.5 1.8 1.4 1.4 1.5 1.5 1.9 1.9 11.2 10 5.4 7 Pickett Creek #2 2.3 1.6 1.1 0.9 0.9 1 1 14 25 25/5 5 3.5 8 Jack Creek 4.5 3.3 2.3 1.8 1.8 2 2 19 19 8.4 8.4 8.4 9 Wind River 102 102 102 102 102 102 102 102 102 102 110 110 10 Little Popo Agie River 21 21 21 21 21 21 30 30 30 45 45 45 11 Shoshone River 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 162 - 350 12 Shell Creek #1 19 19 19 19 19 19 19/70 70 70 40 40 40 13 Shell Creek #2 23 23 23 23 23 23 23 23 23 40 40 40 14 Medicine Lodge Creek 15 15 9 9 9 9 9 9 9 20 20 20 15 Tensleep Creek 22 22 22 22 22 22 22 22 22 22 22 22 16 Dick Creek 1.9 1.3 1 1.4 0.85 1 1.5 7.5 11.5 4.2 3.3 2.8 17 Wood River blw. M. Fk. Wood 51 38 29 25 24 27 48 41 41 32 32 32 18 Wood River abv M. Fk. Wood 31 23 18 15 14 16 29 22 22 18 18 18 19 South Fork Wood River 14 10 8 7 6 7.2 13 25 25 22 22 22 20 Middle Fork Wood River 20 15 11 10 9.5 11 19 19 19 14 14 14 21 Trout Creek 15 10 7.7 7 7 7.1 26 26 26 26 18 18 22 Marquette Creek 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 23 Clarks Fork River 200 200 200 200 200 200 200 200 200 200 200 200 24 Jakeys Fork 3 3 3 3 3 3 3 3 3 3 3 3 25 Tensleep 4.76 4.76 4.76 4.76 4.76 4.76 4.76 4.76 4.76 4.76 4.76 4.76 Note: For months with two values, value on left is for days 1-15, value on right is for days 16-remaining days.

C-3