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<br />. <br /> <br />. <br /> <br />, <br /> <br />(l) The quantity of water transferred does not exceed the amount of <br />water historically diverted. <br /> <br />(2) The proposed new use will not divert water at a higher rate than <br />the historic rate of diversion. <br /> <br />(3) The proposed new use will not consume more water than was historically <br />and beneficially consumed by the existing use. <br /> <br />(4) The proposed new use will not decrease the historic amount of <br />return flow, nor change the place of return flow so as to injure <br />another water user, nor cause any other injury to a lawful <br />appropriator. <br /> <br />In addition to the above requirements, the Board may consider other factors <br /> <br />unrelated to existing water users. These include: <br /> <br />(l) The economic loss to the comml1nity and the state if the use from <br />which the water right is transferred is discontinued; <br /> <br />(2) The extent to which the economic loss will be offset by the new <br />use; <br /> <br />(3) Whether other sources are available for the new use. <br /> <br />Arguably, the state engineer may also deny a transfer where demanded by the <br /> <br />public interest under his general constitutional authority to deny original <br /> <br />applications on public interest grounds. <br /> <br />The right to permanently change the use of water has been limited to those <br /> <br />with an adjudicated water right (as opposed to an unperfected water permit) as <br /> <br />a result of the Wyoming Supreme Court's decision in Green River Develonment Co. <br /> <br />v. !Me Corn., 660 P.2d 339 (Wyo. 1983). Following the decision in Green River, <br /> <br />the Wyoming legislature amended the law to authorize limited changes of the <br /> <br />place of use for a water permit. Changes in use of unadjudicated water permits, <br /> <br />however, remain unlawful. <br /> <br />B. Exchanges <br /> <br />2 <br />