Abstract

AbstractThis study analyzed stream characteristics in a mountain watershed in southwestern Colorado and developed a three‐level hierarchical classification scheme using national datasets to demonstrate jurisdictional evaluation as “waters of the United States (U.S.)” under U.S. Clean Water Act Section 404 at the watershed scale. The National Hydrography Dataset and USGS StreamStats were used with field observations to classify streams in the 53 km2 Cement Creek Watershed based on flow duration (Level 1), stream order (Level 2), and other biophysical metrics (Level 3). Kruskal‐Wallis tests and discriminant analysis showed significant differences among Level 2 classes. Level 3 classification used cluster analysis for stream length, distance to the downstream traditional navigable water (TNW), and the ratio of mean annual flow from the source stream to the TNW. Results showed all perennial and intermittent streams are jurisdictional relatively permanent waters (RPWs), which include over a third of all streams, 64% are intermittent or ephemeral, and almost half are ephemeral first order. All ephemeral reaches are non‐RPWs requiring significant nexus evaluation to determine jurisdiction. These ephemeral first‐order streams can contribute 5% of the annual flow to the TNW at the confluence, while the Cement Creek main stem contributes 21% of the TNW flow. The study demonstrated that the classification provides key biophysical and regulatory information to aid jurisdictional evaluations in mountain watersheds.

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