- 6 - of the water allotted by its certificate. In the several years leading up to the valuation date, an average of 100,000 acre feet per year were used for irrigation purposes. In each year, the difference between the amount of water petitioner was entitled to withdraw (168,000 acre feet) and the amount of water needed to serve its irrigation customers (100,000 acre feet) was approximately 68,000 acre feet. The 68,000 acre feet of extra water flowed unused past petitioner’s diversion point and into the Matagorda Bay every year. 2. Events Before the Valuation Date A. Regulatory Climate The TNRCC regulated the use, transfer, and management of Texas water, and no transfer of water rights in Texas could occur without the TNRCC’s approval. If a transfer would result in the subject water being put to a different type of use than that listed on its certificate, or the movement of the subject water to a different area or basin, the seller was required to apply to the TNRCC to amend its certificate to reflect the new use or location. As of the valuation date, the TNRCC had broad discretion to grant or deny amendments, and evaluated each application based on six criteria: Availability of additional requested water, environmental impacts, injury to existing rights, beneficial use (including need), public welfare, and water conservation. The TNRCC also conducted technical reviewsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011