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. FROM:RES. RIGHTS TO: ]0] 866 447d AFR 2:. 195] 12:2]PM =4]6 P.05 . . . any proceeding on an application filed in water court the grant- ing of which would maee~%aiiy-~~;c~e cause more than de minimus in;urv to the Board's right. Nothing in this aoreement shall reclude the Board, in its sole discretlon, from OCCOSlna an a - ~llcation the qrantlnq 0 WhlCh would cause e mlnlmus nJury to lta rlqht. c. The Board shall not abandon, in whole or in part; SUbordinate; lease; sell; donate; otherwise dispose of; compro- mise; subjugate; or encumber such water rights, water, or inter- ests in water in any manner whatsoever without the consent of the Service, except that this proviSion shall not apply to condition- al, interim, or similar water rights appropriated or acquired by the Board, which rights shall be treated as set forth in para- graph 4 below. be a violat if it will grant minations solely a , such consent, the Service shall base its deter- on concerns relating to listed fish species. 4. The parties contemplate that the Board may apply for conditional, interim, or similar instream flow water rights, ei- ther alone or in conjunction with absolute rights eo-~fte-e~ee~~ ena~-ehe-Bea~e-~,-="ee~ea~ft-abe=~~-~ne-~eeh":eai-adeq=ae!-o~-~fte %ftfe~ma~~e"-~=ppo~e~"~-~he-~eeomMe"eee-amOC"t-o=-f=eWB-~eeded-te ~eee.e~-~fte-=~a~ed-a~ee~ea~-~e~e~~~a=-eeftf=~e~-beeweeft-ehe-p~e- ~eee:o"-ef-:"'e~eam-f=owa-a~d-eo=o~aeo~s-f=eu~e-abi:~~1-~e-de~e= op-ehe-wate~a-a~a:=ab=e-eo-%~-=ftee~-app=:eab=e-:~ee~aeaee-eom- paees~-o~-beeft. If the Board applies for conditional, interim, or similar water rights, it will exercise due diligence to devel op or acquire the information necessary to determine the extent to which the rights should be made absolute or permanent. The Board shall maintain due dilioence on an conditional water--- rlgnts whlle e~e:mlnlnq whether an to what ex~ent the rlohts should be maoe absolute. a. The Board and the Service each agree to make a good faith effort to work together in a cooperative manner to de- velop or acquire the information necessary for the Board to make such determinations. b. The Board shall comply with the provisions of paragraphS 3.a, b, and c above unless and until the Board deter- mines that some or all of a conditional, interim, or similar water right should not be made absolute or permanent. 5. The Service shall install and maintain any gauges or -7-