6-95CW150 Steamboat Lake Decree (2)

Home Browse Search

of the listed endangered speeies in the Upper Colorado River basin. The CWCB has determined that this is the purpose of the sublease and that paragraph 3 of the Memorandum of Agreement entered into on September 21, 1993, between the CWCB and the Service, a copy of which is attached as Exhibit 1, will apply to it. , 7. Coordination of Deliveries. If the CWCB subsequently obtains a deeree adjudieating a right to instream flows in the Yampa River to aid )n the reeovery of endangered fish, then prior to exercising a call of sueh right, the CWCB and the Service agree to eonfer concerning the coordination of delivery of water available under this Lease and Sublease to avoid or reduce sueh call. Any request for the release of water available under this Lease and Sublease prior to the exereise of a call of such instream flow right shall be within the sole discretion of the CWCB, consistent with the Recovery Program MOA, the Section 7 agreement, and other negotiated agreements. The Service will review flows at the Maybell gage weekly during August, September, and Oetober and determine if a release is needed based upon the Serviee' s flow reeommendations and other eonsiderations. If a release is needed, a Service representative will eall both the CWCB and the Parks' dam tender at Steamboat Lake State Park to request a release of speeifie amount and/or rate of water. The CWCB will notify the Division Engineer immediately of the release so that it ean be administered to and through the occupied habitat on the Yampa River. 8. Administration of Releases. Parks and the CWCB shall take sueh aetion under state law, including requesting administration by the State Engineer and the Division Engineer for Water Division No.6, and initiate such water court proceedings as may be necessary to put the released water to benefieial use and assist in the reeovery of endangered fish in the Yampa River. The CWCB shall take such actions as are necessary to prevent the diversion of the released water at any point downstream of Steamboat Lake within the state of Colorado. , 9. Report on the Effects of Releases on Endanqered Fish Reeoverv. The Serviee shall provide a report to the CWCB and Parks by not later than Mareh 1 of eaeh year deseribing the operation of the Lease and Sublease for the preceding year, including storage eontents, release rates, and total amount released. The report shall also contain an analysis of the effects of the releases of water pursuant to this Lease and Sublease on the habitat and recovery of endangered fish, along with the data used in making sueh analysis. 10. Lessor and Sublessee Liabilitv Exposure. Parks, the CWCB, and the Serviee understand and agree that liability for claims for injuries to persons or property arising out of the negligenee of the State of Colorado, its departments, institutions, 7 ~~,L~, &&1.