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<br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />. <br /> <br />. <br /> <br />the proceedings. If it is determined that the proposed change or plan as <br />presented in the application and the proposed ruling or decree would <br />cause such injurious effect, the referee or the water judge, as the case may <br />be, shall afford the applicant or any person opposed to the application an <br />opportunity to propose terms or conditions which would prevent such <br />injurious effect. IN DETERMINING WHETIlER A PROPOSED CHANGE OF <br />W ATERRIGHT OR PLAN FOR AUGMENTATION, INCLUDING W ATEREXCHANGE <br />PROJECT, WILL INJURIOUSLY AFFECT THE OWNER OF OR PERSONS ENTITLED <br />TO USEW ATER UNDER A VESTED W ATER RIGHT OR ADECREED CONDITIONAL <br />W ATERRIGHT, TIlE REFEREE AND WATER JUDGE SHALL TREAT A CONSERVED <br />WATER CERTIFICATE ISSUED BY TIlE STATE ENGINEER PURSUANT TO <br />SECTION 37-80-121 (4) (b) (II) AS A REBUTIABLE PRESUMPTION <br />REGARDING, AS OF THE DATE OF ISSUANCE OF TIlE CONSERVED WATER <br />CERTIFICATE: <br />(a) THE AMOUNT OF WATER THAT WAS AVAILABLE TO THE <br />APPLICANT FOR A PROPOSED CHANGE OF WATER RIGHT OR PLAN FOR <br />AUGMENTATION, INCLUDING WATER EXCHANGE PROJECT, WITHOUT <br />INCREASING TIlE APPLICANT'S HISTORIC USE; AND <br />(b) THE FACTTIIAT TIlE WATER RIGHT SUBJECT TO TIlE CONSERVED <br />WATER CERTIFICATE HAD BEEN PUT TO A BENEFICIAL USE UNDER <br />REASONABLY EFFICIENT PRACTICES TO ACCOMPLISH WITIIOUT WASTE TIlE <br />PURPOSE FOR WHICH TIlE APPROPRIA TION WAS LA WFULL Y MADE. <br />SECTION 5. Effective date. This act shall take effect at 12:01 <br />a.m. on the day following the expiration of the ninety-day period after <br />final adjournment of the general assembly that is allowed for submitting <br />a referendum petition pursuant to article V, section 1 (3) of the state <br />constitution; except that, if a referendum petition is filed against this act <br /> <br />-9- <br /> <br />HBOl-llll <br />