<br />46
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<br />00114.1
<br />
<br />WATER MARKETING AND
<br />TRANSFERS
<br />
<br />ThE RIO GRANDE, like many west-
<br />ern streams, has been fully
<br />appropriated for years, How can
<br />recently defined needs for water be
<br />met if there are no new supplies to
<br />appropriate? One answer has been
<br />water marketing, that is, a form of
<br />voluntary transfer of water from
<br />one use to another. There has been
<br />great interest in this concept, but
<br />how relevant is it to the future of
<br />the Rio Grande?
<br />
<br />Water marketing arises whenever a
<br />person, city, or corporation wants
<br />to obtain a water supply for new
<br />development in a region where
<br />water resources are fully utilized-
<br />and they have money to spend. In
<br />the previous century, people with
<br />an eye to new development in the
<br />West would invest their money sim-
<br />ply in constructing diversion works
<br />to tap the unappropriated water
<br />that flowed in the region's rivers
<br />and streams. Later, investments
<br />were made in dams or trans-
<br />mountain diversion networks to
<br />increase the available supply,
<br />Today, however, these options
<br />involving new construction are
<br />limited in most areas of the West,
<br />including in the Rio Grande basin.
<br />No longer are new supplies readily
<br />available; and even where dams or
<br />diversion networks could tap addi-
<br />tional sources, the construction
<br />costs are generally prohibitive
<br />under current economic conditions.
<br />Consequently, those with the
<br />money and a need for water are
<br />looking at purchasing existing
<br />water rights in order to obtain relia.
<br />ble supplies,
<br />
<br />In the upper Rio Grande region,
<br />water marketing is occurring on a
<br />somewhat smaller scale than in
<br />other arid areas of the West.
<br />
<br />Although EI Paso has obtained
<br />20,000 af 1 yr of agricultural water
<br />entitlement for municipal use in the
<br />past, the city's preferred plans for
<br />future supplies involve developing
<br />additional groundwater supplies
<br />from sources in New Mexico. A
<br />number of municipalities and
<br />developers in the New Mexico por-
<br />tion of the basin also are purchas-
<br />ing water rights, but the amounts
<br />are generally smalL
<br />
<br />Purchases by subdivision
<br />developers in New Mexico are often
<br />spawned by local ordinances which
<br />require new subdivisions to dedi-
<br />cate water rights to the town as a
<br />condition to annexation or subdivi-
<br />sion approvaL Towns with such
<br />ordinances in the Rio Grande basin
<br />incl ude Taos, Los Lunas, Las
<br />Cruces, Espanola, among others.
<br />Typically, the developer must dedi-
<br />cate from 0,2 to 0.5 af of water rights
<br />for each residential lot. The
<br />ordinance will often allow the
<br />developer to make cash payments
<br />in lieu of the water rights, although
<br />the payments are costly. In Taos, the
<br />in lieu payment stands at $3,5001 af,
<br />with Los Lunas requiring a $2,000 af
<br />payment from those developers
<br />that do not dedicate an actual water
<br />right.
<br />
<br />Water marketing is seen in many
<br />forms throughout the West. In Col-
<br />orado, the buying and selling of
<br />water rights is common, with a
<br />number of brokers and lawyers
<br />making a substantial portion of
<br />their living by assisting in water
<br />deals, One entrepreneur north of
<br />Denver has convinced investors to
<br />put up $35 million for the purchase
<br />of water rights with the hopes of
<br />reselling them for profit in subse-
<br />quent years. Numerous transac-
<br />
<br />tions occur each year in Colorado,
<br />typically involving the sale of senior
<br />irrigation rights to municipalities or
<br />subdivision developers. In Arizona,
<br />the cities are buying up agricultural
<br />land in order to obtain the
<br />associated water right under state
<br />law. In late 1986, Phoenix purchased
<br />14,000 acres of agricultural land for
<br />more than $30 million in order to
<br />obtain a right to pump an estimated
<br />30,000 aflyr of groundwater for
<br />municipal use. A number of other
<br />multimillion dollar "water ranch"
<br />deals have closed in Arizona,
<br />initiated by cities as well as by
<br />investors who believe that the cost
<br />of water will rise in the future.
<br />
<br />Another form that water marketing
<br />takes is in the purchase of large
<br />blocks of shares in irrigation dis-
<br />tricts. In late 1987, the Central Utah
<br />Water Conservancy District
<br />announced its intent to purchase
<br />stocks in local canal companies
<br />representing 30,000 af of water
<br />rights, The district plans to transfer
<br />these rights from agricultural use to
<br />meet growing municipal and indus-
<br />trial demands. Similar sales have
<br />occurred elsewhere in Utah (for a
<br />major power plant), as well as in
<br />Colorado,
<br />
<br />Although water transfers are occur-
<br />ring in many areas of the Rio
<br />Grande basin, the city of Albuquer-
<br />que lies at the fulcrum of water
<br />marketing in this region. Albuquer-
<br />que is both an active buyer and
<br />seller of water entitlement due to its
<br />short-term surplus of San Juan-
<br />Chama (SJC) water and its long-
<br />term need for additional supplies,
<br />The city's surplus of SJC water is
<br />expected to last past the year 2020,
<br />and Albuquerque is searching for
<br />customers to lease the water until it
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