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<br />U03124 <br />categories of lost income and amenities are: (a) future net income that <br />would be generated directly and indirectly in the basin by future diver- <br />sion uses of currently unused waters; (b) current and future values and <br />incomes directly and indirectly associated with instream uses; and (c) <br />losses to the general public from deterioration of public services and <br />quality of life. <br />2. Compensation should not be restricted to construction of and <br />funding for water storage. Payment should be made to agencies not <br />faced with this constraint if possible, i.e. to units of general <br />government. <br />3. Compensation should not aim at keeping the price of water in <br />the basin of origin below its real scarcity value. <br />4. If water storage is the most efficient form of compensation <br />from the area of origin's viewpoint, construction of the storage facili- <br />ties should be delayed until they are actually needed. The proper pay- <br />ment would be the present value of the planning, filing, land <br />acquisition, and construction costs. <br />5. The amount of compensation paid to losing parties should be <br />based on the assumption that those parties will act rationally to adapt <br />to the new water supply situation-that they will undertake all cost- <br />effective steps to minimize their income losses in the face of dimin- <br />ished water supplies. Compensation should then equal the sum of <br />these mitigation costs plus residual damages. <br />6. These principles should be applied to all out-of-basin trans- <br />fers, regardless of the nature of the exporting agency. <br /> <br />VI. CONCLUSION <br /> <br />In many areas of the United States, particularly in the West, local <br />supplies of water are insufficient to meet demand. The prior appropria- <br />tion doctrine recognizes the value of allowing water, like other re- <br />sources, to be moved to locations where it can be applied to a <br />beneficial use. Nevertheless, restrictions on the movement of water <br />out of the area of origin exist in a number of states. <br />The consequences of absolute restrictions on the transfer of water <br />for use off riparian lands has caused some eastern states to move in the <br />direction of an appropriation rights system.6l The Nebraska prohibi- <br />tion against interbasin transfers has now been rejected. It is generally <br />recognized that rigid limitations on the manner and circumstances <br />under which water transfers may occur unnecessarily restrict poten- <br /> <br />61. See, e.g., J. Sherk, Slale Legislative Issues in the Conversion of Riparian Rights Systems to <br />Prior Appropnation Systems (Oct. 10, 1984) (unpublished manuscript, Land and Natural Resources <br />Division, U.S. Dept. of Justice). <br />