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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CHANGE IN A POINT OF DIVERSION OR TYPE OF USE OF A WATER RIGHT
MAY BE COMBINED WITH THE ADJUDICATION OF A CONSERVATION WATER
PURSUANT TO THIS SECTION. THE CLERK OF THE WATER COURT SHALL

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INCLUDE ANY APPLICATION FILED UNDER THIS SECTION IN THE
MONTHLY RESUME OF APPLICATIONS FILED IN THE DIVISIO~ AHD HADE
AVAILABLE TO THE PUBLIC PURSUANT TO SECTION 37-92-302(3).
(3) IF THE REFEREE OR WATER JUDGE IS SATISFIED THAT AN
APPLICANT CAN SAVE WATER BY MEANS OF THE MODERNIZATION,
IMPROVEMENT, OR OTHER CHANGE IN THE APPLICANT'S METHOD OF
OPERATION WITHOUT INJURY TO OTHER VESTED WATER RIGHTS, THE
COURT SHALL ENTER A CONDITIONAL CONSERVATION DECREE
ADJUDICATING SUCH A CONSERVATION WATER RIGHT. A CONSERVATION
WATER RIGHT SHALL ENTITlE THE APPLICANT TO THE AMOUNT OF WATER
SAVED IN THE FORM OF A WATER RIGHT WITH THE SAME PRIORITY AS
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THE APPLICANT'S ORIGINAL WATER RIGHT, AND, PURSUANT TO SECTION
37-92-302, SAID CONSERVATION RIGHT MAY BE CONVERTED TO OTHER
PLACES AND TYPES OF USE, INCLUDING IN STREAM flOWS PURSUANT TO
SECTION 37-92-102. UPON COMPLETION OF SAID MODERNIZATION,
IMPROVEMENT, OR CHANGE IN THE APPLICANT'S METHOD OF OPERATION,
AND SUBSEQUENT CONVERSION OF THE CONDITIONAL CONSERVATION
DECREE TO ABSOLUTE STATUS. SUCH A RIGHT SHALL REDUCE THE
ORIGINAL WATER RIGHT OWNED BY THE APPLICANT BY THE TOTAL
AMOUNT OF THE CONSERVATION DECREE, AND THE ORIGINAL DECREE
SHALL BE AMENDED ACCORDINGLY.

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