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ADDING THREE FORMS OF TRANSFER SEEMS TO BETTER MEET DEMANDS <br />Three forms of transfer appear to m eet known needs, with the existing agricultural loans authority and the existing <br />substitute water supply program authority (and maybe a few plain old sales too.). Are any purposes not met? These are <br />alternatives to "buy-and-dry" for many purposes. <br />1. LONG-TERM ROTATIONAL CROP MANAGEMENT: Features : long-term contracts, should follow <br />principles elsewhere described. Transferor organization allocates "fallow" internally, water not used for irrigation is <br />transferred. The water rights are obligat ed to the transfer however the contract specifies. No other rights or property <br />need be constrained except that what is sold is sold (e.g. use of some part of water right as specified.) <br />Expected Use : Base-load water supply for M&I, perhaps high-capital agricultural use. <br />Financing : Up-front infrastructural investments in conveyance; could be shared among cooperating users; spreads <br />annual water payments for good match of costs and benefits for users; avoids use of municipal bonding capacity for <br />water acquisition, though bonding should be considered for infrastructural investments, to match costs and benefits <br />over time (pay-off in large measure by tap fees for new supply). <br />Transferors would likely receive initial infrastructural improvements (e.g. Hi ghline-Aurora-Co. Springs lease) and <br />subsequently annual payments for water, fallowing expenses, etc. Parties should negotiate all details of payment. <br />Ditch and Reservoir companies are parties as well as their sh areholders. Asset value retained by irrigators; facilities, <br />capacity, socio-economics more stable , less adverse than "Buy-And-Dry". <br />Authority: May have been possible; now have 37-92-103, -305. Should include water court process since long-term <br />arrangements are involved (decades). Standards for acceptability of prior determ inations of transferable fraction are <br />needed. Adoption of suggested principles as refined, by rulemaking. <br />2. LONG-TERM INTERRUPTIBLE SUPPLY CONTRACT: Features : long-term contracts, similar to rotational <br />crop management, except that transfer of water is not as predictable. <br />Expected Use: Firming, with three main applications: (1) dry-year and post-drought recovery "calls" on schedule of <br />price adjustments to account for time when option exercised, cover expenses; (2) facility-out-of-service <br />substitutions, same schedule of price/time of call; (3) wet-year calls at different set of prices to enable storage <br />filling, aquifer storage or recharge, etc. while farmer uses wet year for not, less or differently irrigated crops; should <br />involve negotiated risk sharing arrangements, etc. <br />Financing: Similar to LTRCM, with difference of schedule of prices to reflect different expenses or investments <br />depending on time of call for use of option; probably annual payment for retaining option (income stabilization for <br />irrigator and ditch company). <br />Authority: Would be similar to LTRCM. Because long-term, careful adjudication warranted. NOT authorized in <br />current C.R.S. 37-92-309, which is limited to 3 of 10 years and 10 year term. <br />3. WATER BANK: Features: short-term contracts, reversible transfers, very low costs, very quick changes; <br />affordable fast small deals. Duration of approvals limited to 3 years (2? – intent to fill gap if needed while long- <br />term arrangements are made, but should not be substitute. Could even be 18 months, if substitute water supply <br />authority currently available is retained.) <br />Expected Use: "spot market". Flexibility for surprise needs, surprise opportunities (e.g. expectations for markets <br />due to local or competitor region conditions), and for security of investment in high-capital technology where <br />infrequent needs arise to maintain investment (e.g. fruit trees, greenhouses). (Northern District: 1/3 of transfers (1/4 <br />of volume moved) of CBT water are "ag-to-ag"; see Howe and Goemans in Colorado Water , 2002, or Journal of <br />American Water Resources Association , 2003.) <br />Financing: Ad hoc, by definition. Any source available, deals as negotiated. <br />Authority: Similar to current water bank authority (C.R.S. 37-80.5- 101 et seq.) but not limited to in-basin, <br />maximum duration to be specified to distinguish from Interruptible Supply deals; procedural clean-up may be <br />required (Wiener, "next steps" memorandum; other presentations available); and add specification that potential <br />transferors may seek pre-qualification (e.g. show adequate prior determination of HCU). Price discovery and <br />information is the current need for these activities. <br />