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<br />weeks, The main transaction costs are limited to the <br />effort in completing and filing the transfer applica- <br />tion the title search (usually a cost of a few to several <br />hundred dollars) and the transfer fee, all-in-all rela- <br /> <br />tively inexpensive. <br />Seasonal water transfers of C-BT allotments are <br />even less complicated. A seasonal transfer can be <br />accomplished by mailing a postcard that identifies the <br />allotment owner and temporary water user, The price <br />water allotment owners charge for a single seasonal <br />transfer is typically just the NCWCD assessment cost <br />for the allotment. It is common for municipalities and <br />developers to rent their C-BT water back to agricul- <br />ture on a seasonal basis until needed to meet drought <br />demand or for urban growth. <br />There are important differences in the transfer of <br />C-BT and other water rights. Transfer of other native <br />(within basin of origin) water rights in Colorado (and <br />most other states) requires that the transfer will have <br />no adverse effect on senior or junior owners of other <br />water rights. One result of this requirement is that <br />only the historical amount of water consumptively <br />used can be transferred, Differences between water <br />right owners and other users about the amount of <br />water that was consumptively used (and thus return <br />flow), the impacts from a change in the location of <br />use, and conversion of seasonal irrigation water use to <br />year-round municipal water use (and associated <br />return flow) significantly increase the time and cost to <br />accomplish other water right transfers. <br />Another important and unique feature that distin- <br />guishes C-BT transfers from almost all other water <br />right transfers that occur under traditional interpre- <br />tation of prior appropriation law is that conserved <br />(saved) water can be bought and sold. That is, if a <br />farmer improves application efficiency and can pro- <br />duce a crop with less water, the saved portion of that <br />water can be transferred to another uSe. In most <br />other jurisdictions with prior appropriation water Jaw, <br />conserved water cannot be separately transferred <br />from the original water right to another location or <br />use, These restrictions are largely the result of estab- <br />lished beneficial use quantities for an activity (e,g, <br />three acre feet per acre; if less is used then that water <br />was not being put to a beneficial use and no longer <br />meets the requirements of the water right, therefore <br />the right to use the conserved water reverts back to <br />the state) and to maintain (protect) return flows for <br />downstream appropriators, Although restrictions on <br />the transfer of conserved water in other areas do not <br />encourage improvement in water use efficiency, they <br />are considered an important and established element <br />of prior appropriation law, The ability to transfer con- <br />served (or supplemental) water is believed to be a <br />contributing factor in the development and activity of <br />the C,BT market. <br /> <br />WATER RESOURCES BULLETIN <br /> <br />. <br /> <br />--, <br /> <br />Michelsen <br /> <br />MARKET ACTIVITY <br /> <br />Information about the number of transactions <br />(market activity), quantity of water transferred per <br />transaction and types of sellers and buyers is impor- <br />tant for understanding the structure and develop- <br />ment of a water market, In many other areas this <br />type of information on water right transfers, when it <br />exists, is difficult to obtain or reconstruct through <br />investigation, However, some of this information for <br />the C-BT market can be found or constructed by care- <br />fully reviewing the minutes of each of the NCWCD <br />Board of Directors monthly meetings, <br />All transactions within the NCWCD have to be <br />approved by the Board of Directors. Transfer applica- <br />tions are reviewed every month during Board meet- <br />ings, and all approvals are recorded in the minutes of <br />these meetings, Although transfer price is undisclosed <br />to the Board, every single transaction is reported, <br />with the names of the applicants, the type of contract <br />(which refers to the type of use), the quantity of water <br />involved and the legal description of the land on <br />which water is to be applied (irrigation only), <br />The NCWCD monthly minutes from 1970 through <br />1993 were examined to gather information about each <br />permanent C-BT water allotment transaction during <br />this period, Transaction data were categorized and <br />numerically coded for quantitative analysis by type of <br />seller and buyer, type of contract, and type of water <br />use prior to and aller the transfer (further detail can <br />be found in Person and Michelsen, 1994), Transac- <br />tions involving on ly a change in location of use for the <br />same entity were excluded, Transfer applicant types <br />were categorized as: (1) individuals, farms, ranches, <br />farm and cattle companies; (2) irrigation companies; <br />(3) municipalities or water districts; (4) industries; <br />(5) developers; (6) banks and insurance companies; <br />(7) investment companies; (8) churches; and (9) other, <br />Classification of water right user categories is <br />based on the names of applicants and type of con- <br />tracts (stating use) that were reported in the minutes. <br />In some cases this required substantial interpretation <br />or judgement calls (invaluable assistance was provid- <br />ed by Marilyn Conley, NCWCD), For example, a man- <br />ufacturing company might hold water under an <br />irrigation contract because it owns farming land, and <br />a corporate contract may be used for irrigation by an <br />irrigation company, Finally, knowing the former and <br />the new use for each contract transferred provided a <br />means to classify the transactions as: (1) Agriculture <br />to Agriculture; (2) Agriculture to Domestic; (3) Agrj, <br />culture to Industry; (4) Domestic to AgTiculture; <br />(5) Domestic to Domestic; (6) Domestic to Industry; <br />(7) Industry to Agriculture; (8) Industry to Domestic; <br />and (9) Industry to Industry <br /> <br />978 <br />