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<br />-} <br /> <br />," <br /> <br />b. During the period of August 16-0ctober 31, releases shall be made at a specific rate to the <br />extent practicable, and a good faith effort will be made to not change flow rates more than <br />twice a week but additional changes may be allowed to accommodate rainfall events Which <br />increase river flows. Parks will make a good faith effort to honor all release requests. <br />However, if Parks' obligation to make such releases is deemed impracticable due to <br />weather related conditions such as icing, freezing, or if flooding conditions exist within the <br />Yampa River basin, Parks' obligation will be suspended until such time that conditions <br />allow the releases to resume. <br />c. No releases shall take place during emergency conditions that prevent the operation of the <br />dam outlet works. <br /> <br /> <br />7. Parks agrees to operate and maintain flow meters to monitor, verify and document the flow <br />rate and volume of leased water delivered to supplement Yampa River flow. In the event a <br />flow meter should malfunction or cease functioning, the calculation of the total water delivered <br />shall be based upon estimates, or upon a method of averaging agreed upon by the parties <br />hereto. <br /> <br />8. Contact Procedures. The Service will review flows at the Maybell gage weekly during August, <br />September, and October and determine if a release is needed. If a release is needed, a <br />Service representative will notify the CWCS and Parks in writing to request a release ofa <br />specific amount and/or rate of release. Parks will notify the CWCS and the Division Engineer <br />immediately of said release so that it can be administered to and through the occupied habitat <br />on the Yampa River. <br /> <br />9. Administration of Releases. The CWCS and the Division Engineer shall take such actions.as <br />may be necessary to put the released water to beneficial use and assist in the recovery of the <br />endangered fish in the Yampa River. The CWCS shall take such actions as are necessary to <br />prevent the diversion of the released water at any point downstream of Steamboat Lake. <br /> <br />10. Lessor and Sublease Liability Exposure~ Parks, the CWCS, Reclamation and the Service <br />understand and agree that liability for claims for injuries to persons or property arising out of <br />negligence of the State of Colorado, is controlled by the prOVisions of 924-10-101, et seq., <br />CRS., as amended, and 924-30-1501,et seq.,C.R.S. as amended. Any provisions of this <br />Lease and Sublease, whether or not incorporated herein by reference, shall be controlled, <br />limited and otherwise modified so as to limit any liability of Parks and the CWCS to the above- <br />cited laws. <br /> <br />11. Lessee Liabilitv Exposure. Any liability of the Service, Reclamation and the United States for <br />claims for injuries to persons or properly arising out of the alleged negligence of the Service, <br />Reclamation and the United States shall be determined in accordance with and subject to the <br />Federal Tort Claims Act. <br /> <br />12. Hold Harmless. The CWCS shall hold Parks harmless from and against all claims, demandS, <br />and causes of action on account of property damage, personal injury, or death resulting from <br />control, carriage, use, handling, or distribution of releases from Steamboat Lake delivered to <br />CWCS in a safe and reasonable manneI'. Likewise, Parks shall hold the CWCS harmless from <br />and against all claims, demands, and causes of action on account of property damage, <br />personal injury, or death resulting from or in any manner connected with the storage of water <br />in or the operations and maintenance of Steamboat Lake. <br /> <br />4 <br /> <br />~'.~'" ' <br /> <br />. -"~'''"-''''"'1iI <br />