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0 0 <br />acquire, and enforce instream flow water rights for the listed <br />species under state law; and <br />WHEREAS, the Service has agreed that any appropriation of <br />water rights or acquisition of water, water rights, or interests in <br />water by the CWCB for the benefit of the listed species shall be <br />considered in determining whether there has been sufficient <br />progress in the Recovery Program for the program to function as a <br />reasonable and prudent alternative to avoid the likelihood of <br />jeopardy from existing and new water development; and <br />WHEREAS, both the Service and the CWCB will benefit from the <br />resolution of potential §7 conflicts through successful <br />implementation of the Recovery Program; and <br />WHEREAS, delivery of storage releases to the habitat of the <br />endangered fishes, under the control and supervision of the CWCB, <br />should contribute significantly toward the success of the Recovery <br />Program efforts; and <br />WHEREAS, Parks operates Steamboat Lake, also known as Willow <br />Creek Reservoir ( "Steamboat Lake ") and has the right to store and <br />use 3,300 acre -feet annually of water in Steamboat Lake pursuant to <br />the decree entered in Case No 90CW01, Water Division No. 6; and <br />WHEREAS, Parks is aware of and sensitive to the need for <br />protecting Colorado's future water development opportunities. <br />Parks initiated the development of this Lease and Sublease to <br />assure that its use of the Steamboat Lake storage rights is not <br />detrimental to Colorado's interstate compact allocations and future <br />development opportunities, or inconsistent with Colorado's instream <br />flow program; and <br />WHEREAS, the Service wishes to lease from Parks up to 3,300 <br />acre -feet of water annually to be released from Steamboat Lake for <br />use by the CWCB, as a sublessee, for instream flows to preserve the <br />natural environment to a reasonable degree and to assist in the <br />recovery of endangered fish in the Yampa River; and <br />WHEREAS, Parks, through its Director, and with approval of the <br />Colorado Board of Parks and Outdoor Recreation, is authorized by <br />Colorado Revised Statutes § § 33- 10- 107(1)(b) and 109(1)(c) to <br />lease its water rights. <br />WHEREAS, the Fish and Wildlife Act of 1956, as amended (16 <br />U.S.C. 742 f(a) 4 and 5), authorizes the Secretary of the Interior <br />to take steps required for the development, advancement, <br />management, conservation and protection of fish and wildlife <br />resources, including development of existing facilities and <br />acquisition of land and water, or interests therein. <br />WHEREAS, under subsection 1534(a), 2 of the Endangered Species <br />3 <br />