(1) To determine if water is legally available, the applicant must compare the physical water supply at the proposed point of diversion and the legal demands within the area of potential impact. An applicant must become familiar with senior water rights operations to accurately evaluate the effect to the senior water right.

(2) Applicants must analyze the senior water rights on a source of supply and those waters to which it is tributary within the area of potential impact and provide a written narrative comparing the physical water supply at the point of diversion during the period of diversion requested and the legal demands that exist for the water supply during that same period.

(3) If known patterns of use differ from the legal water rights filings, an explanation may be submitted explaining the current water use operation. For example, if a water reservation has not been perfected, that information may help to explain water is legally available. .