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<br />l.~~ <br />cqoq <br />(5) the injury, <br /> <br />. <br /> <br />. <br /> <br />if any, that would likely result in New Mexico <br /> <br />as a result of diversions in Colorado, taking into account the <br /> <br />extent to which reasonable conservation measures could affect <br /> <br />the diversion. A concurring opinion by Justice O'Connor stated <br />that "the duty to conserve that may be placed upon the user" is <br />limited to measures that are "financially and physically feasible." <br /> <br />She urged restraint in appropriating waters to a state seeking <br /> <br />a future use as against a state with an existing economy dependent <br /> <br />on the water. In her opinion the state seeking the future use <br /> <br />has the duty to show by clear and convincing evidence that the <br />other state's use is "unreasonably wasteful." _/ <br /> <br />.2./ <br />