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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />'. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />E. Augmentation Use <br /> <br />The permanent rnght to consumptive use water to be used for augmentation purposes should be <br />more valuable than water rights decreed for agricultural irrigation because of the "multiplier effect" achieved <br />with augmentation water. Under the Amended Rules, wells that only supplement surface diversions are <br />presumed to deplete the $'eam by thirty percent (30%) of the amount diverted. Therefore, each acre-foot <br />of augmentation water makes it possible for a supplemental well to divert three and one-third (3 1/3) acre- <br />feet of irrigation water. Likewise, under the Amended Rules, the stream depletions caused by wells that <br />are used as the sole source of supply for flood or furrow irrigation are presumed to be fIfty percent (50%) <br />of the amount diverted. Accordingly, one acre-foot of augmentation water makes it possible to divert two <br />acre-feet of irrigation water from a sole-source irrigation well. Stream depletions caused by sole source <br />wells using sprinklers are presumed to deplete seventy-five percent (75%) of the amount pumped, and <br />therefore 3.0 acre-feet of augmentation water supplies 4.0 acre-feet of pumping. F or wells located in the <br />Big Sandy Creek drainage, the 'multiplier effect" is even greater. Moreover, without the augmentation <br />water, no post-Compact pumping is permitted. Thus, not only does augmentation water have a "multiplier <br />effect," it also is the oriIy way post-Compact pumping can continue. The continued use of wells <br />demonstrates the need for and value of that water supply to farmers and other users. The use of post- <br />Compact wells can mean the difference between a good crop and no crop in many years. Therefore, a <br />permanent supply of augmentation water should be expected to be worth more than surface water under <br />most ditch systems in the Arkansas River Basin, and particularly in Water District No. 67. <br /> <br />F. Highest I and Best Use <br /> <br />Present market conditions, the location, the priority of the Keesee Ditch, and its Article II Storage <br />Account make its water rnghts most valuable for augmentation use. There is no currently-strong demand <br />for additional municipal 'water supplies in Water District No. 67, and there is little or no opportunity to <br />move the Keesee Ditch Water Rights upstream to the large municipal users or for other upstream uses. <br />Based on past, current, and foreseeable future market conditions, the heavy reliance on wells as a source <br />of irrigation supply, and the lack of strong municipal or industrial use demands in the Lower Arkansas River <br />Basin, we conclude that the highest and best use of the Keesee Ditch Water Rights is for augmentation of <br />agricultural, municipal, and industrial post-Compact ground water pumping. <br /> <br />VIII. VALUATION PROCESS <br /> <br />There are three principal methods of market analysis that are typically considered in arriving at an <br />estimate of value of real estate that can be applied to give an indication of the fair market value of a water <br />right. These are: (1) the Market Data Approach; (2) the Cost Approach; and (3) the Income Approach. <br /> <br />A. Market nata Approach <br /> <br />The Market Data Approach, or the Comparative Sales Approach as it is sometimes called, is <br />based onthe principle of substitution, that assumes that an informed buyer will not pay more to purchase <br /> <br />Page 23 of 66 <br />