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<br />..~ <br /> <br />~~-~,""'!f".........~..~~"~,,,.- "..~- . <br /> <br />. " ,>--~~--------'~~~""-----'-~-~~'-'-'--""':"- <br />..... ",". ., ,. . , <br /> <br />. " <br /> <br />. <br /> <br />. <br /> <br />(a) ANY SUCH APPROPRIATION WHICH IS BASED UPON WATER <br />IMPORTED FROM ONE WATER DIVISION TO ANOTHER BY SOME OTHER <br />APPROPRIATOR SHALL NOT, AS AGAINST THE APPROPRIATOR OF SUCH <br />IMPORTED WATER OR HIS SUCCESSOR IN INTEREST, CONSTITUTE A CLAIM, <br />BAR, OR USE FOR ANY PURPOSE IwHATSOEVER. <br />(b) ANY SUCH APPROPRIATION SHALL BE SUBJECT TO THE PRESENT <br />USES OR EXCHANGES OF WATER BEING MADE BY OTHER WATER USERS <br />PURSUANT TO APPROPRIATION OR PRJ~CTICES IN EXISTENCE ON THE DATE <br />OF SUCH APPROPRIATION, WHETHER OR NOT PREVIOUSLY CONFIRMED BY <br />COURT ORDER OR DECREE. <br />(c) BEFORE INITIATING A \~ATER RIGHTS FILING, THE BOARD <br />SHALL DETERMINE THAT THE NATURAL ENVIRONMENT WILL BE PRESERVED TO <br />A REASONABLE DEGREE BY THE WATER AVAILABLE FOR THE APPROPRIATION <br />TO BE MADE; THAT THERE IS A NATURAL ENVIRONMENT THAT CAN BE <br />PRESERVED TO A REASONABLE DEGREE \~ITH THE BOARD'S WATER RIGHT, IF <br />GRANTED; AND THAT SUCH ENVIRONMENT CAN EXIST WITHOUT MATERIAL <br />INJURY TO WATER RIGHTS. <br />(d) NOTHING IN THIS SECTION IS INTENDED OR SHALL BE <br />CONSTRUED TO ALLOW CONDEMNATION BY THIS STATE OR ANY PERSON OF <br />EASEMENTS OR RIGHTS OF WAY ACROSS PRIVATE LANDS TO GAIN ACCESS TO <br />A SEGMENT OF A STREAM OR LAKE WHERE A WATER RIGHT DECREE HAS BEEN <br />AWARDED TO THE WATER CONSERVATION BOARD. <br /> <br />SECTION 2. Safety clause. The gen~ral assembly hereby <br /> <br />PAGE 2-SENATE BILL NO. 414 <br />