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llJ1354 priority thereof, induding J determination that tional Water right has become J w<lter right by reason of L'ompletion of lh~ apprt)priation, or changes in water rights, or plans for augmentation or biennial findings of reasonable diligence, shall make verified application to the water derk. Those opposing the application may file a statement of opposition. Afler public<llioll or the appli. cation and investigation, the referee may rule on it with- oul conducting a formal hearing. or may refer it to the waler judge for his decision. II Protests of the referee's ruling. as well as referrals above mentioned. will be heard by the water judge in accordanl.'e with trial practice and procedure. The w<ller judge shall either confirm, modify, reverse or reverse and remand the ruling of the referee. and his judgment i.llld de~ree shall contain all pertinent infonmltlon neL'ess<Jry. 12 One who asserts that he will be damaged by the referee's ruling may apply for an order to show cause why the ruling shouJd not be stayed Wltil the water judge can review the ruling, AppeUate review of the judgment and decree of the water judge is allowed. 13 Full or partial abandomnent may be considered in all proceedings for a change of water right or approval of reasonable diligence. Clerical mistakes in the de- cree may be corrected by the water judge on the petition of any person and substantive errors may be corrected by any person whose rights have been adversely affected and who can show, 'Nithin a three-year period of time, that he failed to enter the case because of mistake, inadvertence, or excusable neglect. 14 Standards with respect to rulings of the referee and decisions of the w<Jter judge are: (<J) The priority date is the date of initiation of the appropriation if the appro- priation was completed with reasonable diligence; and if not, the date when reasonable diligence started; (b) a particular means or point of diversion of a water right may ;llso serve as a point or means of diversion for other rights: (c) a change of water TIght or plan for augmenta. tion shall be approved if the change or plan will not injuriously affect prior appropriators. The applicant or protester shall have upportunily to propose terms or conditions. indudlllg a limitatiun on the use of the water which is subject to the change, a relinquishment of part of the applicant's decree or other decrees, a time limita- tion on the diversion, or such other conditions as may be necessary to protect the vested rights of others; and (d) for plans for augmentation including exchange, the sup- plier may take an equivalent amount of W<ller at his points of diversioll or storage if it is avail:Jble without impairing the rights of others. Substituted water sh:J1I be of historic quantity and quality. Jnd shall be accepted by the senior appropriator in lieu uf his decreed rights. I s Plans for augmentation are programs designed to in. crease the water supply 3vailable for beneficial use by deve\0pment of new or alternate means or poinls of diversion, poollllg of water resources, water exchange proje~ts. substituted water. etc.16 Persons alone or in concert may make plans for augmentation including water exchange projects. Water conservancy dIstricts. ditch and reservoir companies and others may make plans for augmentation for the benefit of all water users within their boundaries.17 Special procedures are uut. lined for plans for augmentation.18 Junior rights are protected against injury resulting from change in point of diversion or in place or character of use. The recognized rule is that a junior is. entitled to have continued and l11;lintained the conditions which existed on the stream at the time when he made his ap- propriation.]<) A common obje~tion is that the l'hange will result in depriving certain users of return nows Whh..:h they had previously diverted to satisfy their appropriations. One cannot transfer more than has been beneficially lIsed.:w This point is of ever-increasing importance in connectiull with the acquisition of agricultural rights for municipal and industrial use. Water may be stored either in channel or off.channel reservoirs for future benelkial lIse. Decrees covering such storage rights may be awarded as for other means of diversion. The storage of water must be followed by application to beneficial use which term by statute also includes impoundment for recreational purposes. fishery and wildlife.2t The quantity of water to be stored must be defined, and, in the case of oft"-channel reservoirs. the capacity of the inlet works must be described in the same manner as that used for direct diversion canals. A reservoir decree permits taking and storing water in the order of its priority. Direct flow uses having priority dates junior (0 a reservoir may not take water when the reservoir right is unsatisfied.22 Under each reservoir decree ordinarily there may be but one filling of the reo servolr per year unless there is free water in the stream not demanded by other appropriators. A reservoir can secure decrees permitting more than one filling under some conditions, but such decrees must take their proper places in the priority schedule. If a change of place of storage can be accomplished without injury to vested rights, it may be granted in an appropriate transfer pro. ceeding. By statute, a reservoir owner is made the virtual insurer against loss or damage occasioned by failure of the reservoir.23 The problem of the passage of direl't now water through a reservoir has caused some contra. versy. The state engineer may order releases equal to net evaporation from an on-stream reservoir for othe:r appro- priators.24 Direct ilow water may be passed through a reservoir system if it is not actually stored therein. When w<Jter which has been diverted or stored returns to the stream after being put to beneficial use, it belongs to the stream and is available to satisfy downstream ap- propriation rights.2S l1le effort to intercept and use return flows before they reach the stream has resulted in litigation. Generally, it may be said that such return flows may be intercepted and used if no rights thereto 7