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<br />W (I) A limitation on the use of the waterwlrieh THAT is subject to <br />the change, taking into consideration the histOlic HISTORICAL use and the <br />flexibility required by annual climatic differences; <br /> <br />. <br /> <br />tbJ (II) The relinquishment of part of the decree for which the <br />change is sought or the relinquishment of other decrees owned by the <br />applicant wIrieh THAT are used by the applicant in conjunction with the <br />decree for which the change has been requested, if necessary to prevent an <br />enlargement upon the histOI;" HISTORICAL use or diminution of return flow <br />to the detriment of other appropriators; <br /> <br />tc) (III) A time limitation on the diversion of water for which the <br />change is sought in terms of months per year; <br /> <br />(IV) IF THE APPLICATION IS FOR THE IMPLEMENTATION OF A <br />ROTATIONAL CROP MANAGEMENT CONTRACT, SEPARATE ANNUAL <br />HISTORICAL CONSUMPTNE USE LIMITS FOR THE PARCELS TO BE ROTATED <br />ACCORDING TO THE HISTORICAL CONSUMPTIVE USE OF SUCH LANDS. To THE <br />EXTENT THAT SOME OR ALL OF THE WATER THAT IS THE SUBJECT OF THE <br />CONTRACT IS NOT UTILIZED AT A NEW PLACE OF USE IN A GIVEN YEAR, SUCH <br />WATER MAY BE UTILIZED ON THE ORIGINALLY IRRIGATED LANDS IF SO <br />PROVIDED IN THE DECREE AND CONTRACT AND IF THE ELECTION TO IRRIGATE <br />IS MADE PRIOR TO THE BEGINNING OF THE IRRIGATION SEASON AND APPLIES <br />TO THE ENTIRE IRRIGATION SEASON. A FAILURE OF A PARTY TO A <br />ROT ATIONAL CROP MANAGEMENT CONTRACT WHO IS NOT THE OWNER OF THE <br />IRRIGATION WATER RIGHTS THAT ARE SUBJECT TO THE CONTRACT TO PUT TO <br />BENEFICIAL USE THE FULL AMOUNT OF WATER THAT WAS DECREED <br />PURSUANT TO THE APPLICATION FOR APPROVAL OF THE CONTRACT SHALL <br />NOT BE DEEMED TO REDUCE THE AMOUNT OF HISTORICAL CONSUMPTNE USE <br />THAT THE OWNER OF THE WATER RIGHTS HAS MADE OF THE RIGHTS. <br /> <br />. <br /> <br />ffl (V) Such other conditions as may be necessary to protect the <br />vested rights of others. <br /> <br />(b) IF THE WATER JUDGE APPROVES THE IMPLEMENTATION OF A <br />ROTATIONAL CROP MANAGEMENT CONTRACT, THE ROTATIONAL CROP <br />MANAGEMENT CONTRACT SHALL BE RECORDED WITH THE CLERK AND <br />RECORDER OF THE COUNTY IN WHICH THE HISTORICALLY IRRIGATED LANDS <br />ARE LOCATED, AND THE WATER JUDGE SHALL MAKE AFFIRMATIVE FINDINGS <br />THAT THE IMPLEMENTATION OF THE ROTATIONAL CROP MANAGEMENT <br /> <br />PAGE 4-HOUSE BILL 06-1124 <br /> <br />. <br />