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<br />. <br /> <br />. <br /> <br />" <br /> <br />Third, water use is administered under the principle of "first <br /> <br /> <br />in time, first in right." Simply put, the earlier or senior appro- <br /> <br />priator, determined by the date of filing for use with the state, <br /> <br />generally or actually diverting and putting water to beneficial <br /> <br /> <br />use, has priority over water use by later or junior appropriators. <br /> <br />This traditional principle.developed as an equitable basis for <br /> <br /> <br />resolving conflicts among water users. <br /> <br />With respect to water conservation, the interaction of these <br />simple principles may result in complex management problems. <br />Therefore, western states' water law is an important consideration <br />in evaluating the potential impact of any water conservation efforts. <br />For. example, while waste is prohibited, specific water conservation <br />measures may be enjoined due to potential negative impacts on <br />other users. If an upstream irrigator with a junior right were <br />to install a sprinkler system that consequently reduced return <br />flows on which a senior appropriator downstream depended for his <br />water supply, the senior appropriator would have legal cause of <br />action against the junior. The defintion of "waste" and "beneficial <br />use" are broadly construed and the principle of "first in time, <br />first in right" is usually preeminent. Therefore, some conservacion <br />measures might be prohibited in order to protect senior, vested <br />water rights. Maximizing water conservation opportunities while <br />adequately protecting vested water rights is a complex and difficult <br />problem ac best. <br /> <br />Protecting vested water rights also relates to the problem <br /> <br />of assigning rights to any water which might actually be saved <br /> <br />.~ !- <br />