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<br />v <br /> <br />this Judgement and. Decree is attached <br />as AppendiiC. If there is no injury <br />to other water rights, the change <br />"shall be approved.~ C.R.S. Sections <br />37-92-305 (3) . <br />b. These statutes codify the case law that <br />one incident of a water right as <br />ptivate property is the right to change <br />its point of diversion or use so long <br />as no other water rights are injured. <br />Wiebert v. Rothe Bros., Inc., 618 P2d <br />1367 (Colo. 1980). <br />3. But while changes of conditional water <br />rights are clearly authorized by statute, <br />the inquiry as to whether such changes will <br />cause injury requires special attention. <br />a. With absolute water rights where water <br />has been diverted and used over a <br />periOd of time, the injury question <br />posed by changing such water rights is <br />usually framed in terms of historic <br />consumptive use. Southeastern Colorado <br /> <br /> Water Conservancy District v. Fort Lyon <br /> Canal Company, 720 P2d 133 (Colo. <br /> 1986). Wiebert v. Rothe Bros, Inc. <br />b. Even though more water could have been <br /> <br />12 <br />