- 34 - irrigation water to municipal water in the Colorado River Basin, the Rio Grande operated with a stable and predictable marketplace and regulatory umbrella. In addition, the market and regulatory conditions in petitioner’s specific service area are key to the valuation of petitioner’s water right. Mr. Scheig admitted that he did not examine the regulatory situation, transporting of water, or infrastructure of water districts involved in the transactions that occurred in the other basins near the Colorado River Basin. The most reasonable approach to establishing a base price for the unused water is to examine comparable transactions. The only comparable transaction that occurred in petitioner’s service area within the relevant time period was the Corpus Christi transaction. The sale to Corpus Christi was an arm’s-length transaction, and the price was established through negotiations. When the price was agreed upon and when the option was exercised, the parties were aware of the regulatory requirements that would need to be fulfilled, as well as the legislative risks. Therefore, it is reasonable to use the price established by the parties to the Corpus Christi transaction, $450 per acre foot, as a base price for the unused water. We must now decide the appropriate discount rate to apply. Several negative factors affected the market for the unused water. A buyer had not been identified, so a sale was lessPage: 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