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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
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