6-95CW150 Steamboat Lake Decree ‎(2)‎

• Case Number: 95CW0150
• Stream Name: Yampa River
• Watershed: Yampa River
• Water Division: 6
• Water District: 58
• County: Moffat
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

a. By mutual written agreement of the Service and
Parks; or

b. by the Serviee, without'penalty, if Parks and the
CWCB are unable to obtain Water Court approval for
releases of the above-deseribed water from Steamboat Lake
for instream flow purposes; or

c. by Parks, upon the Service's failure to perform any
eovenant contained herein and to correct such failure
within 30 days after service of the written notiee of
Parks' intent to terminate the Lease and Sublease; or

d. by Parks at the end of the initial lease term if
after good-faith negotiations and Parks and the Serviee
are unable to agree on a priee per acre-foot per year for
the lease extension.

e. by the Serviee if funding is not available for such
purposes or if Parks does not release water or CWCB fails
to administer releases in aceordanee with the Serviee's
requests.

17. Failure to Perform Due to Conditions Beyond Control of
Other Party. In the event that a party fails to perform under
this Lease and Sublease and sueh failure is the result of
conditions or oceurrences beyond its control, the other parties
shall be relieved from all their obligations under this Lease and
Sublease. For purposes of this paragraph, Parks and the CWCB shall
be deemed to inelude the State of Colorado and its agencies.

18. Enforceability. The terms of this Lease and Sublease
shall be enforeeable by any party in an aetion for specifie
performance in a court of competent jurisdiction. This Lease and
Sublease shall not create any third-party beneficiaries and shall
not be enforced by anyone other than Parks, the CWCB, or the
Service.

19. Effeet of Invaliditv. Exeept as provided in paragraph
18 above, if any portion of this Lease and Sublease is held invalid
or unenforceable for any reason by a court of competent
jurisdiction as to any party or as to all parties, such portion
shall be deemed severable and its invalidity or unenforceability
shall not eause the entire Lease and Sublease to be terminated.

20. Termination of Sublease Shall Terminate Lease. If ~
sublease from the Serviee to the CWCB under paragraph 6 above is
terminated or held to be invalid or unenforceable, then the lease
shall also automatieally terminate without fault or liability of
either Parks or the service to the other. In like manner, if the
lease to the Serviee is terminated or held to be invalid or
unenforceable, then the sublease to the CWCB shall also

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