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

Act (ESA) , 16 U. S. C. sec. 1531 et seo., the Secretary of the
Interior has the authority and is authorized to acquire by
purchase, donation, or otherwise, land, water or interests therein
for endangered species protection. '

WHEREAS, the CWCB desires to sublease from the Service up to
3,300 acre-feet of water annually to be released from Steamboat
Lake 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.

WHEREAS, the CWCB is authorized by Si37-92-102(3), C.R.S., to
acquire by lease from any person, including any governmental
entity, such water or interests in water as the CWCB determines may
be required for minimum streamflows to preserve the natural
environment to a reasonable degree and to take action to ensure
that such minimum streamflows remain in the river.

WHEREAS, the CWCB has determined that leasing water from the
Service for minimum streamflows in the Yampa River will contribute
to preserving the natural environment to a reasonable degree and is
consistent with the CWCB's authorities under Si37-92-102(3), C.R.S.

WHEREAS, all approvals required for the execution of this
Lease and Sublease, including approval by the Colorado Board of
Parks and Outdoor Recreation, the Colorado Water Conservation
Board, and the Executive Director of the Colorado Department of
Natural Resources, have been obtained.

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 any of the terms of
this Lease and Sublease are not made available, the United States
shall be released from all liability in connection therewith and
this Lease and Sublease shall be thereupon terminated.

WHEREAS, in order to allow the water right decreed in Case No.
90CW01 to be used pursuant to the terms of this Lease and Sublease,
Parks and CWCB are jointly applying for a change in use for Parks'
water right in Steamboat Lake that will allow that water to be used
in the Yampa River and its tributaries for instream flows to
preserve the n&tural environment to a reasonable degree.

WHEREAS, pursuant to SiSi37-92-301 and -501, C.R.S., the State
Engineer and the Division Engineers are responsible for the
administration and distribution of the waters of the State, and,
pursuant to Si37-92-102 (3), the CWCB may call upon the State
Engineer and Division Engineer for Water Division 6 to administer
water or interests in water held by the Board for minimum
streamflows to preserve the natural environment to a reasonable
degree within the Yampa River.

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