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<br />ODJ3~) <br /> <br />1 (3). <br />2 (3) IF THE REFEREE OR WATER JUDGE IS SATISFIED THAT AN <br />3 APPLICANT WILL UNDERTAKE THE MODERNIZATION, IMPROVEMENT, OR <br />4 CHANGE IN THE APPLICANT'S METHOD OF OPERATION ANO THAT ANY <br />5 SUCH CHANGES CAN OCCUR WITHOUT INJURY TO DOWNSTREAM USERS, THE <br />6 COURT SHALL ENTER A DECREE ADJUDICATING SUCH A CONSERVATION <br />7 WATER RIGHT. SUCH A RIGHT SHALL REDUCE THE ORIGINAL WATER <br />8 RIGHT OWNED 8Y THE APPLICANT 8Y THE TOTAL AMOUNT OF WATER <br />9 SAVED, AND THE ORIGI~AL DECREE SHALL BE AMENDED ACCORDINGLY. <br />10 A CONSERVATION WATER RIGHT SHALL ENTITLE THE APPLICANT TO THE <br />11 AMOUNT OF SAVED WATER IN THE FORM OF A CONDITIONAL WATER RIGHT <br />12 WITH THE SAME PRIORITY AS THE APPLICANT'S ORIGINAL WATER <br />13 RIGHT. <br />14 (4) IN CONSIDERING EVIDENCE ON AN APPLICATION FOR A <br />15 CONSERVATION WATER RIGHT, THE COURT SHALL ACCEPT AS CONCLUSIVE <br />16 EVIDENCE THE AMOUNT OF WATER LISTED IN THE QUADRENNIAL <br />17 TA8ULATION AS THE AMOUNT OF WATER ADJUDICATED TO THE APPLICANT <br />18 FOR THE WATER RIGHT FORMING THE BASIS OF THE APPLICATION FOR A <br />19 CONSERVATION WATER RIGHT PURSUANT TO THE PROVISIONS OF THIS <br />20 SECTION. <br />21 SECTION 2. Safety clause. The general assembly hereby <br />22 finds, determines, and declares that this act is necessary <br />23 for the immediate preservation of the public peace, health, <br />24 and safety. <br /> <br />-3- <br />