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0 0 <br />of the listed endangered species in the Upper Colorado River basin. <br />The CWCB has determined that this is the purpose of the sublease <br />and that paragraph 3 of the Memorandum of Agreement entered into on <br />September 21, 1993, between the CWCB and the Service, a copy of <br />which is attached as Exhibit 1, will apply to it. <br />7. Coordination of Deliveries If the CWCB subsequently <br />obtains a decree adjudicating a right to instream flows in the <br />Yampa River to aid in the recovery of endangered fish, then prior <br />to exercising a call of such right, the CWCB and the Service agree <br />to confer concerning the coordination of delivery of water <br />available under this Lease and Sublease to avoid or reduce such <br />call. Any request for the release of water available under this <br />Lease and Sublease prior to the exercise of a call of such instream <br />flow right shall be within the sole discretion of the CWCB, <br />consistent with the Recovery Program MOA, the Section 7 agreement, <br />and other negotiated agreements. <br />The Service will review flows at the Maybell gage weekly during <br />August, September, and October and determine if a release is needed <br />based upon the Service's flow recommendations and other <br />considerations. If a release is needed, a Service representative <br />will call both the CWCB and the Parks' dam tender at Steamboat Lake <br />State Park to request a release of specific amount and /or rate of <br />water. The CWCB will notify the Division Engineer immediately of <br />the release so that it can be administered to and through the <br />occupied habitat on the Yampa River. <br />8. Administration of Releases Parks and the CWCB shall <br />take such action under state law, including requesting <br />administration by the State Engineer and the Division Engineer for <br />Water Division No. 6, and initiate such water court proceedings as <br />may be necessary to put the released water to beneficial use and <br />assist in the recovery of endangered fish in the Yampa River. The <br />CWCB shall take such actions as are necessary to prevent the <br />diversion of the released water at any point downstream of <br />Steamboat Lake within the state of Colorado: <br />9. Report on the Effects of Releases on Endangered Fish <br />Recovery The Service shall provide a report to the CWCB and Parks <br />by not later than March 1 of each year describing the operation of <br />the Lease and Sublease for the preceding year, including storage <br />contents, release rates, and total amount released. The report <br />shall also contain an analysis of the effects of the releases of <br />water pursuant to this Lease and Sublease on the habitat and <br />recovery of endangered fish, along with the data used in making <br />such analysis. <br />10. Lessor and Sublessee Liability Exposure Parks, the <br />CWCB, and the Service understand and agree that liability for <br />claims for injuries to persons or property arising out of the <br />negligence of the State of Colorado, its departments, institutions, <br />VA <br />