9377

• UCREFRP Catalog Number: 9377
• Author: Colorado Water Workshop.
• Title: 16th Annual Colorado Water Workshop.
• USFW Year: 1991.
• USFW - Doc Type: Western State College.
• Copyright Material: NO

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POINT OF DIVERSION BECAUSE OF MODERNIZATION, IMPROVEMENT, OR ~
CHANGE IN THE APPLICANT'S HETHOD Of OPERATION. ~
, AND WHICH WOULD OTHERWISE BE LOST TO APPROPRIATORS WITHI~
THE STATE OF COLORADO.

5 NOTHING IN THIS ACT SHALL AUTHORIZ~ RECOGNITION OF A WATER RIGH
6 FOR THE SAVINGS OF TRIBUTARY WATERS BY THE ERADICATION OF ~
7 PHREATOPHYTES.
8 (2) AN OWNER OF A DIRECT FLOW RIGHT WHO CAH DEMONSTRATE
9 A HISTORY OF DIVERSION AND BENEFICIAL USE OF THAT RIGHT FOR AT
10 LEAST SEVEN OF THE LAST TEN YEARS MAY APPLY TO THE CLERK OF
11 THE WATER COURT FOR ADJUDICATION OF A CONSERVATION WATER RIGHT
12 AS SPECIFIED IN THIS SECTION.
13 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
14 OWNER OF A DIRECT FLOW RIGHT TO CHANGE ALL OR ANY PART OF SUCH

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1~ RIGHT TO A CONSERVATION WATER RIGHT PURSUANT TO THIS SECTION.
16 THE PROCEDURE FOR ADJUDICATION
17 OF A CONSERVATION WATER RIGHT SHALL BE THE SAME AS THAT FOR
18 THE ADJUDICATION OF OTHER WATER RIGHTS UNDER THIS ARTICLE. AH
19 APPLICATION FOR A CONSERVATION WATER RIGHT SHALL AT A MINIMUM
20 SET FORTH THE LOCATION, AMOUNT, DIVERSION HISTORY AND

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BENEFICIAL USE OF ANY DECREED WATER RIGHT WHICH FORMS THE
BASIS OF THE APPLICATION FOR A CONSERVATION WATER RIGHT. SUCH
APPLICATION SHALL ALSO INCLUDE ANY MODERNIZATIOH, IHPROVEMEKT,
OR CHANGE TO BE ~ADE IN THE APPLICANT'S METHOD OF OPERATION
AND THE AMOUNT OF SAVED WATER WHICH WILL RESULT FROM AHY SUCH
MEASURE. AT THE OPTION OF THE APPLICANT, AH ADJUDICATION OF A ~~
. ), ~

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