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Buying and Selling Water in Montana Chris Corbin

Buying and Selling Water Rights in Montana: What's Working and What's Not?

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My slides for the 11th Annual Montana Water Law Conference. Also a written summary is available on my blog;http://www.activelymovingwater.com/2010/10/buying-and-selling-water-rights-in.html

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Page 1: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Buying and Selling Water in Montana

Chris Corbin

Page 2: Buying and Selling Water Rights in Montana: What's Working and What's Not?

water resource

management

montana water trust

chairmanbitterroot

water forum

MBAwr

specialist

consultant, freelance marketer, entrepreneur

Chris Corbin

moose drool

Page 3: Buying and Selling Water Rights in Montana: What's Working and What's Not?

business acumen

water ingenuity

Differentiation

Page 4: Buying and Selling Water Rights in Montana: What's Working and What's Not?
Page 5: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Working and Not Working

What is…

Page 6: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Every shovel has two sides.

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1. Clearly defined water rights

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Not Working

Page 10: Buying and Selling Water Rights in Montana: What's Working and What's Not?

dynamic

surface and groundwater

simultaneous

interdependencie

s

Physical Challenges

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Water is Complex

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Never trust a water right.

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Adjudication decrees flow rates and themarket trades volumes.

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Historical water user has passed away or…

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moved away or..

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aren’t measuring their water use.

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Market opportunities will lead to greater water stewardship.

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Standards will create market efficiency.

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2. Physical supply and demand

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Working

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“The West is the fastest growing part of the country. It is also the driest.”

- National Geographic Magazine

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Steve Running (2009)

Page 24: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Steve Running (2009)

Page 25: Buying and Selling Water Rights in Montana: What's Working and What's Not?
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water market demand

Page 27: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Agricultural

Urban & IndustrialEnvironmental

Page 28: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Ravalli County

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Agricultural

Page 30: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Environmental

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Urban

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Gallatin County

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Agricultural

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Environmental

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Urban

Page 36: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Missoula County

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Agricultural

Page 38: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Environmental

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Urban

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169,886 irrigated acres

USDA, Economic Research Service (2009)

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297 miles of blue and red ribbon streams226 miles of dewatered streams

Montana FWP, 2009

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59% growth since 1990

Montana Cenus” US Census Montana Census. (2009) 6 April 2009 http://www.census.gov/

Page 43: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Agricultural

Urban & IndustrialEnvironmental

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3. Regulatory Structure

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Working

Page 46: Buying and Selling Water Rights in Montana: What's Working and What's Not?

last best place market

Page 47: Buying and Selling Water Rights in Montana: What's Working and What's Not?

private leasing law

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21

Brokered over 25,000 acre-feet

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Basin Closure and Mitigation

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more valid water right claims than water is available . . .

over appropriated

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Mitigation and Aquifer recharge

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Future water demand will be met or mitigated by existing water rights.

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private water marketing law?

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Instream flow transactions 1987-2007

Scarborough, Brandon. Environmental Water Markets Restoring Streams Through Trade. Publication. Vol. 46. Bozeman, MT: PERC, 2010. Print. PERC Policy Ser.

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Private involvement drive water markets.

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4. Transferability of rights

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Not Working

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Transferability is critical to reallocate water rights to meet new and growing demands.

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regulatory uncertainty

Barriers to trade

costly transfer process

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3 of 45 applications approved HB831 applications approved as of 01/14/10.

Data provided by Terri McLaughlin, DNRC

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22 approvals

2-10 month turn

14 correct and complete upon receipt

HB 40 applications 7/09 - 7/10

Data provided by Terri McLaughlin, DNRC

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Transparency is good.

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5. Enforcement of rights

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Not Working

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6.Easy flow of information

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Not Working

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Average Lease Prices 2003-2008

0

5

10

15

20

25

30

35

40

45

2002 2003 2004 2005 2006 2007 2008 2009

Year

Price ($/AF)

All prices based on Lotic LLC’s comparable sales database.

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Lease Prices 2008

$0.41

$64.16

All prices based on Lotic LLC’s comparable sales database.

Page 71: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Sale Prices 2003-2008

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

2002 2003 2004 2005 2006 2007 2008 2009

Year

Price ($/AF)

All prices based on Lotic LLC’s comparable sales database.

Page 72: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Sale Prices 2008

$133

$7,000

All prices based on Lotic LLC’s comparable sales database.

Page 73: Buying and Selling Water Rights in Montana: What's Working and What's Not?

7. Market Expertise (Education)

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Not Working

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Water runs with the land?

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First documented Montana Water Rights Transfer: 1895

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8. Water Market

Page 79: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Working

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Big Sky Brewing Company

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water restoration certificates

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Photo courtesy of the Montana Water Trust

Dewatered stream

Page 83: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Photo courtesy of the Montana Water Trust

Restored stream flow

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Water in Beer = Water in Stream

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4 million gallons of water restored

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Grass Valley French Ditch CompanyRoots

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Missoula: 1901

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Missoula: Now

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Missoula

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Urban

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Grass Valley French Ditch Co.

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Grass Valley French Ditch Co.

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20% reduction in revenue

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A SharesB Shares

Restructured Shares

20%

80%

Page 96: Buying and Selling Water Rights in Montana: What's Working and What's Not?

A SharesB Shares

Current Purpose of Use

irrigation and stock

?

Page 97: Buying and Selling Water Rights in Montana: What's Working and What's Not?

A SharesB Shares

Current Purpose of Use: Irrigation and Stock

irrigation and stock

?

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A SharesB Shares

Future Purpose of Use: Marketing

irrigation and stock

mitigation

Page 99: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Reinvest in irrigation infrastructure

Page 100: Buying and Selling Water Rights in Montana: What's Working and What's Not?

Grass Valley French Ditch CompanyRoots

Page 101: Buying and Selling Water Rights in Montana: What's Working and What's Not?

chris [email protected]

406.531.9156www.loticwater.com

www.activelymovingwater.com