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• l <br />.~ <br />determining whether there has been sufficient progress under the Im- <br />plementation Program"Foy the program to function as a reasonable and~- <br />prudent~alternative to avoid the likelihood of jeopardy from-existing <br />and-new water developrnent;.and <br />WHEREAS, both the Service and the Board will benefit from the <br />resolution of potential § 7 conflict through successful implementation <br />of the Implementation Program. _ " <br />NQW, THEREFORE, in consideration of the mutual covenants herein- <br />after set "forth, the parties hereto agree-as follows: <br />DEFINITIONS <br />1. idher"e used in this MOA, unless specifically expressed other- <br />wise or obviously inconsistent with the intent of t-his agreement, the <br />following definitions will apply: <br />a, "Acquire" or "acquisition" refers to water, water <br />rights, or interests in water obtained by the Hoard 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 ~ 37-92-182(3), G.R.S. <br />b. "Appropriate" or "appropriate=on"refers to the appro- <br />priation of new water"rights by the Board, as author"ized by ~S <br />3?-92-12(3) -and 1Q3(3~ and (-4~, .C.F~.S, - - ~ - <br />c. "Listed-species" refers to the razorback- sucker, <br />ponytail chub, Colorado"squawfish, and humpback chub. <br />d. "ae minimus injury" refers to a one percent or less <br />depletive effect, except that in determining whether an injury is. de <br />minimus, the Hoard 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 />TERM OF THIS AGREEMENT <br />2. This MOA becomes effective on the date entered into. This <br />agreement shall terminate by reason of any one of the following occur- <br />rences: <br />a. The-United States, acting through the Secretary of the <br />Interior, has declared that th.e listed species in the Upper Colorado <br />River Basin are extinct; or <br />-q- <br />