We give an explicit construction of the generating set of a colored operad that implements theta theory in the mathematical model of Minimalism, in the form of a coloring algorithm for syntactic objects. We show that the coproduct operation on workspaces allows for a recursive implementation of the theta criterion. We also show that this filtering by coloring rules on structures freely formed by Merge is equivalent to a process of structure formation by a colored version of Merge: the form of the generators of the colored operad then implies the dichotomy is semantics between External and Internal Merge, where Internal Merge only moves to non-theta positions.