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<br />. <br /> <br />b. The Board will be seeking water rights for two segments. The first <br />segment is for aH of the unappropriated flow and shaH be referred to as "segment 1." The second <br />segment is for 2,7 cfs year round or the inflow, whichever is less, and this segment shaH be <br />referred to as "segment 2," Segment I shaH be exempt from the Boards' de minimis rule and the <br />Board shall protect its water right by filing a statement of opposition or otherwise participating in <br />any proceeding on an application filed in water court the granting of which would cause injury to <br />the Board's right. With regard to segment 2, the Board shaH protect its water rights by filing a <br />statement of opposition or otherwise participating in any proceeding on an application filed in <br />water court the granting of which would cause more than de minimis injury to the Board's right. <br />Nothing in this agreement shall preclude the Board, in its sole discretion, from opposing an <br />application the granting of which would cause de minimis injury to its right for segment 2, "De <br />minimis injury" refers to a one percent or less depletive effect, except that in determining <br />whether an injury is de minimis, the Board shaH consider the existence of aH previous de <br />minimis impacts on the same stream reach and, if the combined total of aH such impacts exceeds <br />one percent, the injury will not be considered de minimis regardless of the individual depletive <br />effect. <br /> <br />. <br /> <br />c, The Board shaH not abandon, in whole or in part; subordinate; lease; seH; <br />donate; otherwise dispose of; compromise; subjugate; modifY or encumber such water rights, <br />water, or interests in water in any manner whatsoever without the written consent of the Service, <br /> <br />d, The United States may consent to what would otherwise be a violation of <br />paragraph 2.a, b, or c above. <br /> <br />3. ' Interests Granted to the United States. In consideration for the agreement set <br />forth in paragraph 5, the Board hereby grants the United States a springing executory interest in <br />the Board's Spring Creek water rights, Such interest shall vest if, and only if, the foHowing <br />events occur: <br /> <br />a, The legislature of the State of Colorado abolishes the Board's <br />instream flow program; or, <br /> <br />b. The legislature of the State of Colorado takes such other steps as <br />wiH have the effect of terminating the Board's instream flow program, or <br />otherwise preventing the Board from protecting these rights in the manner <br />described in this stipulation, <br /> <br />4, Enforcement. The terms of this stipulation shall be enforceable by either party in <br />an action for specific performance in a court of competent jurisdiction. Such action may include <br />a request for injunctive relief. Before commencing an action to enforce this stipulation, the party <br /> <br />. <br /> <br />2 <br />