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<br />. <br /> <br />. <br /> <br />, <br /> <br />statement of opposition or otherwise participating in any proceeding <br />on an application filed in water court the granting of which would <br />cause more than de minimus injury to the Board's right. Nothing in <br />this agreement shall preclude the Board, in its sole discretion, from <br />opposing an application the granting of which would cause de minimus <br />injury to its right. <br /> <br />c. The Board shall not abandon, in whole or in part; sub- <br />ordinate: lease: sell; donate: otherwise dispose of: compromise; <br />subjugate: or encumber such water rights, water, or interests in water <br />in any manner whatsoever without the consent of the Service, except <br />that this provision shall not apply to water rights appropriated or <br />acquired by the Board pursuant to paragraph 4 of this agreement. <br /> <br />d. The Service may consent to what would otherwise be a <br />violation of paragraph 3.a, b, or c above. In determining if it will <br />grant such consent, the Service shall base its determinations solely <br />on concerns relating to listed fish species. <br /> <br />4. The parties contemplate that the Board may appropriate or <br />acquire instream flow water rights all or a portion of which are <br />explicitly subject to modification based on later information needed <br />to resolve scientific uncertainties and uncertainties concerning Colo- <br />rado's use of its compact entitlement. The Board will be primarily <br />responsible for developing information on compact issues and the Ser- <br />vice will be primarily responsible for developing scientific informa- <br />tion. The Board agrees to consult with the Service before modifying <br />such rights. <br /> <br />a. The Board and the Service each agree to make a good <br />faith effort to work together in a cooperative manner to develop or <br />acquire additional information concerning such rights. <br /> <br />b. The Board shall comply with the prov1s1ons of para- <br />graphs 3.a, b, and c above except to the extent that the Board modi- <br />fies any of the water rights. <br /> <br />5. The Service shall install and maintain any gauges or other <br />measuring or recording devices, including remote read-out devices <br />(~, satellite monitoring equipment), necessary for the State Engi- <br />neer to administer instream flows appropriated or acquired by the <br />Board to benefit the listed species. <br /> <br />6. The Service shall consider any appropriation of water rights <br />or acquisition of water, water rights, or interests in water by the <br />Board for the benefit of the listed species in determining whether <br />there has been sufficient progress under the Implementation Program <br />for the program to function as a reasonable and prudent alternative to <br /> <br />-6- <br /> <br />,'~ ,'. <br /> <br />'-'~' <br />