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<br />determining whether there has been sufficient progress under the Im- <br />plementation Program for the program to function as a reasonable and <br />prudent alternative to avoid the likelihood of jeopardy from existing <br />and new water development; .and <br /> <br />WHEREAS, both the Service and the Board will benefit from the <br />resolution of potential S 7 conflict through successful implementation <br />of the Implementation Program. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants herein- <br />after set forth, the parties hereto agree as follows: <br /> <br />DEFINITIONS <br /> <br />1. Where used in this MOA, unless specifically expressed other- <br />wise or obviously inconsistent with the intent of this agreement, the <br />following definitions will apply: <br /> <br />a. "Acquire" or "acquisition" refers to water, water <br />rights, or interests in water obtained by the Board by grant, pur- <br />chase, bequest, devise, lease, exchange, or other contractual agree- <br />ment, from or with. any person, including any governmental entity, as <br />authorized by S 37-92-102(3), C.R.S. <br /> <br />b. "Appropriate" or "appropriation" refers to the appro- <br />priation of new water rights by the Board, as authorized by SS <br />37-92-l02(3) and 103(3) and (4), C.R.S. <br /> <br />c. "Listed species" refers to the razorback sucker, <br />bony tail chub, Colorado squawfish, and humpback chub. <br /> <br />d. "De minimus injury" refers to a one percent or less <br />depletive effect, except that in determining whether an injury is de <br />minimus, the Board shall consider the existence of all previous de <br />minimus impacts on the same stream reach and, if the combined total of <br />all such impacts exceeds one percent, the injury will not be consid- <br />ered de minimus regardless of the individual depletive effect. <br /> <br />TERM OF THIS AGREEMENT <br /> <br />2. <br />agreement <br />rences: <br /> <br />This MOA becomes effective on the date entered into. This <br />shall terminate by reason of anyone of the following occur- <br /> <br />a. The United States, acting through the Secretary of the <br />Interior, has declared that the listed species in the Upper Colorado <br />River Basin are extinct; or <br /> <br />-4- <br />