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<br />. <br /> <br />Ag~ent No. 14-48-0006-96-907 <br />DC~0181-6-6032 <br />Amount: $32,000.00 <br /> <br />""& <br />'~n <br />, <br /> <br />'A <br />di <br /> <br />~ <br />,Ip. <br />"? <br /> <br />LEASE AND SUBLEASE <br /> <br />THIS LEASE AND SUBLEASE is entered into this 17th day of <br />April , 1996, by and among United States Fish and wildlife <br />Service, P.O. Box 25486 DFC, Denver, Colorado 80225-0486 <br />("Service"), the Colorado Division of Parks and Outdoor <br />Recreation, 1313 Sherman Street, Room 618, Denver, Colorado 80203 <br />("Parks"), and the Colorado Water Conservation Board, 1313 Sherman <br />Street, Room 721, Denver, Colorado 80203 ("CWCB"). <br /> <br />Recitals <br /> <br />WHEREAS, under the Endangered Species Act, the Service is <br />responsible for the protection and recovery of threatened and <br />endangered species, including four endangered fish species in the <br />Upper Colorado River Basin; and <br /> <br />WHEREAS, section 7 of the Endangered Species Act, 16 U.S.C. ~ <br />1536, requires the Service to consult with other federal agencies <br />to insure that any action authorized, funded, or carried out by <br />such agencies is not likely to jeopardize the continued existence <br />of any endangered or threatened species or result in the <br />destruction or adverse modification of critical habitat of such <br />species; and <br /> <br />WHEREAS, section 2 of the Endangered Species Act, 16 U.S.C. ~ <br />1531(c) (2), declares that it is the policy of Congress for federal <br />agencies to cooperate with state and local agencies to resolve <br />water resource issues in concert with conservation of endangered <br />species; and <br /> <br />WHEREAS, the Upper Colorado River Basin states, including the <br />State of Colorado, play a key role in determining how the river <br />system's water resources are developed and have a corresponding <br />interest in legal requirements that could constrain water resources <br />development; and <br /> <br />WHEREAS, the states, including the State of Colorado, <br />historically have been responsible for managing resident fish and <br />wildlife resources, including threatened or endangered species that <br />occur within their territories (see. e.q., ~ 33-2-102, C.R.S.; <br />Cooperati ve Agreement between U. S . Dept. of Interior, Fish and <br />wildlife Service, and Colorado Dept. of Natural Resources, Div. of <br />Wildlife, for Conservation of Endangered and Threatened Fish or <br />Wildlife (1976); and <br /> <br />WHEREAS, the CWCB is a state agency created for the purpose of <br />aiding in the protection and development of the waters of the state <br />for the benefit of the state's present and future inhabitants, <br />(~37-60-102, C.R.S.); and <br /> <br />1 <br /> <br />, -- "-'~_,....b <br /> <br /> <br />.,", - ~ <br /> <br />'--'-,' <br />