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the appropriator; and the intervention of outside delaying fac- tors such as wars, strikes and litigation 48/ (of which the worst is, of course, litigation). Holders of conditionally decreed water rights are now required to come into court every 4 years to prove they have been diligently pursuing completion of their water rights.49/ Failure to seek this quadrennial finding of reasonable diligence will result in forfeiture of the water right.50/ Thus, it is absolutely essen- tial that a holder of a conditional water right, including all state agencies, proceed with diligence toward completing his ap- propriation and file quadrennially for a determination of reason- able diligence. 5. Nature of right acquired A water right is a usufructory right. This means the water right holder is entitled to the use of a certain amount of water but is not the owner of certain molecules of water. Thus, once the wa- ter diverted has been used, the unconsumed portion must be al- lowed to return to the stream for use by other appropriators.51/ A water right may be obtained for direct flow or storage pur- poses. It is a property right and the right to change its type, time and/or place of use is inherent in the property right and cannot be denied so long as the change does not injure the vested rights of others.52/ Both junior and senior appropriators have a vested right in the maintenance of the stream conditions substantially as they were at the time of their appropriations.53/ Accordingly, they may successfully resist all proposed changes of use of water which in any way materially injure or adversely affect their rights.54/ Injury is a question of fact to be determined from the circum- stances of each case.55/ However, there are certain limitations upon changes which must be observed to prevent injury to other water rights. The change of the right is limited to the historic use of the water right, both in terms of time of use and quantity consumed.56/ The change may not increase the consumptive use of the water right nor may it alter historic return flow patterns to the detriment of junior appropriators.57/ The burden of proof to establish that a change of use will not injure other water rights rests upon the person seeking the change.58/ If the water court finds that injury will result from the proposed change, the ap- plicant and the objectors must be given an opportunity to propose terms and conditions which would prevent injury.59/ -11-