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

Act (ESA) , l6 U.S.C. see. 153l et seq., the Secretary of the
Interior has the authority and ~s authorized to acquire by
purchase, donation, or otherwise, land, water or interests therein
for endangered speeies 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 reeovery of endangered fish
in the Yampa River.

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WHEREAS, the CWCB is authorized by s37-92-l02(3) , C.R.S., to
aequire by lease from any person, including any governmental
entity, sueh 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
Serviee 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 S37-92-l02(3) , C.R.S.

WHEREAS, all approvals required for the execution of this
Lease and Sublease, ineluding approval by the Colorado Board of
Parks and Outdoor Reereation, the Colorado Water Conservation
Board, and the Exeeutive Direetor of the Colorado Department of
Natural Resourees, have been obtained.

WHEREAS, it is understood that the aeeeptance of this Lease
and Sublease by the United States is contingent upon availability
of appropriated funds to earry out the terms thereof. In the case
sueh funds as may be neeessary 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 conneetion therewith and
this Lease and Sublease shall be thereupon terminated.

WHEREAS, in order to allow the water right deereed in Case No.
90CWOl to be used pursuant to the terms of this Lease and Sublease,
Parks and CWCB are jointly applying for a ehange 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 D2tural environment to a reasonable degree.

WHEREAS, pursuant to ss37-92-30l and -SOl, 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 s37-92-l02 (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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