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<br />.' <br /> <br />,OU-<:i.o~ <br /> <br />water right - <br /> <br />"a right to use in accordance with its priority a ~ertain portion of the <br />waters of the state by reason of the appropriation of the same." <br />Section 37-92-103(12), C.R.S. <br /> <br />2. Terms specifically defined in case law: <br /> <br />developed water. "new water not previously part of the river system, Le., it is imported or <br />non-tributary water." R.IA. Incn v. Water Users, 690 P.2d 823 (Colo. <br />1984). (relying on Shelton Farms). <br /> <br />"duty of water" - "measure of water which by careful management and use, without <br />wastage is reasonably required to be applied to any given tract of land <br />.n variable according to conditions." Weibert v. Rothe Brothers, 618 <br />P.2d 1367 (Colo. 1980). <br /> <br />expanded use - increase in historical consumptive use even if the amount diverted is <br />unchanged or does not exceed that amount stated in decree <br />Danielson v. Kerbs Ag. Inc., 646 P.2d 363 (Colo. 1982). <br /> <br />historical consumptive use - diversions minus return flows, Danielson. <br />amount of water applied to a beneficial use minus return flows. <br />May v. U.S., 756 P.2d 362 (Colo. 1988). <br /> <br />historical use - <br /> <br />return flow - <br /> <br />salvaged water - <br /> <br />waste . <br /> <br />actual diversion over a period of time <br />SECWCD v. Fort Lyon Canal, 720 P.2d 133 (Colo. 1986). <br />This term has sometimes been used interchangeably with "historical <br />consumptive use" creating some confusion and uncertainty as discussed <br />in the Ft. Lyon case. <br /> <br />water not fully consumed by a beneficial use Water Supply & Storage <br />Co. v. Curtis, 733 P.2d 680 (Colo. 1987). <br /> <br />"water in the river or its tributaries (including aquifer) which ordinarily <br />would go to waste, but somehow are made available for beneficial use." <br />SECWCD v. Shelton Farms 529 P.2d 1321 (Colo. 1974). Tributary <br />water made available for beneficial use through elimination of waste." <br />R.IA. Inc. <br /> <br />"to divert more than can be used beneficially." Weibert <br /> <br />2 <br />