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

WHEREAS, the Serviee and the CWCB will benefit from the study
and evaluation of the effeets of the releases of water from
Steamboat Lake on the important habitat of endangered fishes in the
Yampa River and such releases will "eontribute to sufficient
progress under the Reeovery Program.

~

Terms and Conditions

In consideration of the mutual agreements eontained herein and
other good and valuable eonsideration, the receipt and sufficieney
of which are hereby acknowledged, Parks, the Service, and CWCB as
the Serviee's sublessee, agree as follows:

1. General. Parks hereby leases to the Serviee up to 2,000
acre-feet annually for the lease payment deseribed in paragraph 2
below and for the term deseribed in paragraph 4 below, but only for
sublease to the CWCB pursuant to paragraph 6 below. For purposes
of this Lease and Sublease, the annual lease period shall start on
Oetober 1 and end on September 30. The point of delivery for Parks
is the outlet works of willow Creek Dam.

2. Lease Pavment. An annual lease payment of $30,000.00
($15.00 per acre foot of water plus $2,000.00 ($1.00 per aere foot
for operation and maintenance) shall be made by the Service to
Parks. The annual lease payment shall be payable to Parks by no
later than September 30 of eaeh year. This payment shall only be
made after the quantity of water identified herein has been
released and shall be paid at the stated unit price for the
quantity aetually released.

3. Additional Water. The Serviee will have the option to
lease additional water, up to 1,300 aere-feet, from Parks each
year, depending on water availability as determined by Parks, but
only for sublease to the CWCB pursuant to paragraph 6 below. The
Service shall pay for any additional water aecording to the same
terms as described in paragraph 2 of this Lease and Sublease.
Parks shall advise the serviee of the amount of additional water,
if any, available for lease by no later than May 1 of each year.
Upon notiee of availability by Parks, the Service shall have 30
days to exereise its option to lease additional water. Delivery
shall be aecording to the provisions deseribed in paragraph 5 of
this Lease and Sublease.

4. Terms. The Lease and Sublease will commenee on April 15,
1996, and run through September 30, 1996. Thereafter, this lease
may be renewed at the option of the Serviee, eaeh year, on October
1, for up to four additional years. The Service shall notify Parks
and the CWCB of the serviee's intent to exereise its option to
renew 60 days prior to expiration of the lease term. At the.
eonelusion of the last option year, the parties agree that
reasonable efforts shall be made to enter into a new Lease and

5

_'''.., n'~