Archives for category: changes

a water right that recognizes aesthetics

December 4, 10 //
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While digging through 100′s of Idaho water rights files this morning, I came across a water right that made me take a step back and ponder. I’m still pondering, but wanted to share what I found.  I found a water right with the following purposes of use:

1. Irrigation – no surprise here.

2. Aesthetic- what?

3. Aesthetic Storage –  no way, really?

This is AWESOME!

I’ve never ever seen “aesthetics“ recognized as a beneficial use of water before.  Never ever.  As previously discussed,  ”use” captures  the single most import word in western water rights’ and allowing natural beauty to become a valid beneficial use is big. This excites me. Water is complex and markets are complex. The more valid beneficial uses we can recognize the better the water market can meet growing demands.

Of course these uses must be quantifiable and transferable, but that is a regulatory discussion for another day.

water market challenges: the regulatory bottleneck

July 5, 10 //
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The water market is faced with many challenges. One of these challenges is what I call the “regulatory bottleneck.” In terms of the water market, this bottleneck restricts the flow of applications (claims, new appropriations, permits, changes, etc.) through the respective water agency’s administrative process.

Take for example Washington. The current restricted flow is:

1. 5,700+ pending new applications

2. 1,200+ pending water right changes

Furthermore, budget cuts have reduced staff time by 25% and made the bottleneck even smaller. The state estimates it now reviews 370 applications a year due to the budget cuts. According to my math (6,900 applications/370 applications a year), it will take 18.6 years just to finish the existing applications. Even before the cuts, it still would have taken 13.8 years to get through the pending applications.

Remember, this does not include the new applications! This is not good for the water market.

The purpose of this post is not to point fingers at the state agencies. I believe they are doing the best they can with the resources provided. The objective here is to recognize the challenges we face in the water market, so we can provide innovative solutions to these opportunities.

four parameters of water right changes

June 23, 09 //
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Capturing water right value in the West frequently requires a change to the existing water right. This includes changes in points of diversion, places of use, purpose of uses, source of water, the type of water right, etc. The flexibility in which aspects of the water right can be changed vary from state to state, as does the change process. Although, certain underlying parameters exist throughout the Western states. In short, the water right change:

1) Cannot adversely impact other water right holders.
2) Cannot increase the historic use of the water right.
3) Cannot harm the public well-fair.
4) Must be put to a state recognized beneficial use.