2004 Steamboat Lake Lease and Sublease

• Case Number: 95CW0150
• Stream Name: Yampa River
• Watershed: Yampa River
• Water Division: 6
• Water District: 58
• County: Moffat
• Instream Flow Acq - Doc Type: Contracts, MOA/MOU, Leases, Agreements

B. WHEREAS, section 2 of the Endangered Species Act, 16 USC. ~~1531 (c) (2), declares that it
is the policy of Congress for federal agencies to cooperate with state and local agencies on
water resource issues in concert with conservation of endangered species; and the U.S. Fish
and Wildlife Service is primarily charged with implementing the Endangered Species Act and
ensuring the protection and recovery of threatened and endangered species; and

C. WHEREAS, the eWCB, is a state agency within the Colorado Department of Natural
Resources created for the purpose of aiding in the protection and development of the waters
of the state for the benefit of the state's present and future inhabitants; and

D. WHEREAS, the CWCB is vested with the exclusive authority to appropriate and acquire such
waters of natural streams and lakes as the CWCB determines may be required for minimum
stream flows to preserve or improve the natural environment to a reasonable degree pursuant
to {}37-92-102 (3), C.R.S.; and

E. WHEREAS, the Service is relying upon the eWCB to appropriate, acquire and enforce
instream flow water rights for the listed species under state law; and

F. WHEREAS, the Service has agreed that any appropriation of water rights or acquisition of
water, water rights, or interests in water by the CWCS for the benefit of the listed species shall
be considered in determining whether there has been sufficient progress in the Recovery
Program for the program to function as a reasonable and prudenl alternative to avoid the
likelihood of jeopardy from existing and new water developments; and

G. WHEREAS, Parks is also a state agency within the Colorado Department of Natural
Resources, and operates Steamboat Lake and has the right to store and use 3,300 acre-feet
annually of water in Steamboat Lake pursuant to the decree entered in Case No. 90CW01,
Water Division 6; and

H. WHEREAS, the eWCB and Parks were awarded a decree in Case No. 95CW150 allowing an
additional use for instream flows exclusively by the CWCS for 3,155 acre-feet of the 3,300
acre-feet decreed in Case No. 90eW01; and

I. WHEREAS, Reclamation, acting on behalf of the Service, wishes to lease from Parks up to
2,000 acre-feet of water annually to be released from Steamboat Lake fOr use by the CWCS
as a sublessee, for instream flow uses to preserve the natural environment to a reasonable
degree and to assist in the recovery of endangered fish in the Yampa River, tributary to the
Colorado River; and

J. WHEREAS, it is understood that the acceptance of this Lease and Sublease by the United
States is contingent upon availability of appropriated funds to carry out the terms thereof. In
the case such funds as may be necessary to carry out the terms of this Lease and Sublease
are not made available, the United States shall be released from all liability in connection with
Lease and Sublease, and this agreement will be terminated;

K. WHEREAS, the Division Engineer of Water Division 6 is responsible for the administration and
the distribution of the waters of the State, and the CWeB may call upon the Division Engineer
to administer water or interests in water held by cwes for minimum streamflows.

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