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Act (ESA) , 16 U.S.C. sec. 1531 et secr. the Secretary of the <br />Interior has the authority and is authorized to acquire by <br />purchase, donation, or otherwise, land, water or interests therein <br />for endangered species protection. <br />WHEREAS, the CWCB desires to sublease from the Service up to <br />3,300 acre -feet of water annually to be released from Steamboat <br />Lake for instream flows to preserve the natural environment to a <br />reasonable degree and to assist in the recovery of endangered fish <br />in the Yampa River. <br />WHEREAS, the CWCB is authorized by §37- 92- 102(3), C.R.S., to <br />acquire by lease from any person, including any governmental <br />entity, such water or interests in water as the CWCB determines may <br />be required for minimum streamflows to preserve the natural <br />environment to a reasonable degree and to take action to ensure <br />that such minimum streamflows remain in the river. <br />WHEREAS, the CWCB has determined that leasing water from the <br />Service for minimum streamflows in the Yampa River will contribute <br />to preserving the natural environment to a reasonable degree and is <br />consistent with the CWCB's authorities under §37- 92- 102(3), C.R.S. <br />WHEREAS, all approvals required for the execution of this <br />Lease and Sublease, including approval by the Colorado Board of <br />Parks and Outdoor Recreation, the Colorado Water Conservation <br />Board, and the Executive Director of the Colorado Department of <br />Natural Resources, have been obtained. <br />WHEREAS, it is understood that the acceptance of this Lease <br />and Sublease by the United States is contingent upon availability <br />of appropriated funds to carry out the terms thereof. In the case <br />such funds as may be necessary to carry out any of the terms of <br />this Lease and Sublease are not made available, the United States <br />shall be released from all liability in connection therewith and <br />this Lease and Sublease shall be thereupon terminated. <br />WHEREAS, in order to allow the water right decreed in Case No. <br />90CW01 to be used pursuant to the terms of this Lease and Sublease, <br />Parks and CWCB are jointly applying for a change in use for Parks' <br />water right in Steamboat Lake that will allow that water to be used <br />in the Yampa River and its tributaries for instream flows to <br />preserve the natural environment to a reasonable degree. <br />WHEREAS, pursuant to § §37 -92 -301 and -501, C.R.S., the State <br />Engineer and the Division Engineers are responsible for the <br />administration and distribution of the waters of the State, and, <br />pursuant to §37- 92- 102(3), the CWCB may call upon the State <br />Engineer and Division Engineer for Water Division 6 to administer <br />water or interests in water held by the Board for minimum <br />streamflows to preserve the natural environment to a reasonable <br />degree within the Yampa River. <br />4 <br />