- 30 - petitioner would still be able to sell water to others in the event that a transfer did not occur. Although the changes the 1997 legislature would impose on the regulation of water in the Colorado River Basin were unforeseeable as of the valuation date, the regulatory and legislative risks affecting the Corpus Christi transaction were not so great as to require a 30-percent discount rate. Given that petitioner had a buyer and a purchase price set before the valuation date, a 15-percent discount, as Mr. Scheig used, sufficiently factors in the regulatory and legislative risks. After 3 years of monthly payments, plus the payments that were made before the valuation date, the balance due at closing of $450 per acre foot would be $13,810,000. Discounted at 15 percent, the value of this closing payment is $9,080,299. Therefore, the total value of the Corpus Christi component, including the monthly payments, is $9,853,428. C. The Unused Water After providing 100,000 acre feet of water to its irrigation customers and 35,000 acre feet to Corpus Christi, petitioner had the right to use 33,000 additional acre feet of water (the unused water) from the Colorado River. In the several years leading up to the valuation date, the unused water flowed past petitioner’s diversion point. There was no evidence that petitioner’s irrigation customers, the rice farmers, anticipated a need forPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011