1996 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

acquire, and enforce instream flow water rights for the listed
species under state law; and

WHEREAS, the Service has agreed 'that any appropriation of
water rights or acquisition of water, water rights, or interests in
water by the CWCB 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 prudent alternative to avoid the likelihood of
jeopardy from existing and new water development; and

WHEREAS, both the Service and the CWCB will benefit from the
resolution of potential Sl7 conflicts through successful
implementation of the Recovery Program; and

WHEREAS, delivery of storage releases to the habitat of the
endangered fishes, under the control and supervision of the CWCB,
should contribute significantly toward the success of the Recovery
Program efforts; and

WHEREAS, Parks operates Steamboat Lake, also known as Willow
Creek Reservoir ("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 No.6; and

WHEREAS, Parks is aware of and sensitive to the need for
protecting Colorado's future water development opportunities.
Parks initiated the development of this Lease and sublease to
assure that its use of the Steamboat Lake storage rights is not
detrimental to Colorado's interstate compact allocations and future
development opportunities, or inconsistent with Colorado's instream
flow program; and

WHEREAS, the Service wishes to lease from Parks up to 3,300
acre-feet of water annually to be released from Steamboat Lake for
use by the CWCB, as a sublessee, for instream flows to preserve the
natural environment to a reasonable degree and to assist in the
recovery of endangered fish in the Yampa River; and

WHEREAS, Parks, through its Director, and with approval of the
Colorado Board of Parks and Outdoor Recreation, is authorized by
colorado Revised Statutes Sl Sl 33-10-107 (1) (b) and 109 (1) (c) to
lease its water rights.

WHEREAS, the Fish and wildlife Act of 1956, as amended (16
U.S.C. 742 f(a) 4 and 5), authorizes the Secretary of the Interior
to take steps required for the development, advancement,
management, conservation and protection of fish and wildlife
resources, including development of existing facilities and
acquisition of land and water, or interests therein.

WHEREAS, under subsection 1534 (a), 2 of the Endangered Species

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