COOPERATIVE EXTENSION Bringing the University to You Fact Sheet -5-54 Walker River Basin Research Study: Willingness of Water Right Owners to Sell or Lease Decree Water Rights Staci Emm, Extension Educator Don Breazeale, Extension Educator Marilyn Smith, Area Specialist This is the fourth in a series of fact sheets describing a research study of water right owners in the Walker River Basin. The first fact sheet describes the objectives of the study and methodology. The second fact sheet describes the farming and ranching operations and demographic characteristics of a sample of water right holders in selected areas of the Walker River Basin. The third fact sheet describes attitudes toward Walker Lake. This fourth fact sheet compares the perceptions and attitudes of selected Walker River Basin water right owners concerning their willingness to sell or lease decree water rights. Introduction The Walker River Basin, running from the eastern slopes of the Sierras in California to a desert lake in Nevada, has been the source of major controversy for farmers, ranchers, environmentalists, Tribes and federal/state agencies for decades. The Walker River, in all its glory, faces the same fate of other rivers just like it in the West. The demand for water is never-ending, and conflict arises based on the allocation of water and its right of use. The challenge for those involved is to understand the lifestyle, custom and culture of every community, individual and species affected by water use. Definitions The following terms have been compiled and defined in order to minimize possible misinterpretations. Water Right A right given to someone or something to use water. A water right encompasses who has the right to use the water, what it is used for and where it is used. Decree Water Rights Identified ownership of a water right(s), based upon previous court decisions involving surface water (Walker River Basin, C-125). Storage Water Identified ownership of a water right(s) stored in a reservoir involving surface water. Primary Water Rights Identified ownership of a water right(s) regulated by the State of Nevada as a primary groundwater right.
Supplemental Water Rights Identified ownership of a water right(s) regulated by the State of Nevada as a groundwater right to supplement another water right. Combinations of Water Right Ownership by Area The different types of water right ownership by area in the basin were compared in the research study and there were significant differences found regarding the type of water rights used by area. The and the (Multiple) areas had the largest percentage of decree water rights, while the reported the most diverse ownership including all four types of water rights (i.e. decree, storage, primary and supplemental). Refer to Graph 1 for a visual breakdown of water rights owned by area. Graph 1: Different Combinations of Water Rights by Area Decree (D) Storage (S) Primary (P) Decree, Storage Decree, Supplemental (Sup) Storage, Supplemental D, S & Sup. D, S, Sup. & P S, Sup & P % % % % 8% 1% Impact to Selling and Leasing Decree Water Rights There were four questions in the survey instrument regarding the impacts to selling and leasing decree water rights. The first two questions of the survey instrument requested a response of whether selling or leasing decree water right(s) should take place regardless of the impacts to the irrigation system and regardless of the impact to the community environment. The second two questions of the survey instrument requested responses on whether respondents personally would be willing to sell or lease their decree water rights. Responses from the three areas were significantly different. However, there was no significant difference found when asked if water rights were a private property right and an individual had the right to sell or lease his/her decree water rights to anyone. Almost twothirds of survey respondents (65.2%) agreed with this question. There was a significant difference found among respondents in the (7.4%), (66 %), and (44.7%) when asked if impacts to the irrigation system should definitely be considered when decree water rights are bought and sold (Graph 2). There was also a significant difference related to the belief that community environment impacts should be a consideration when selling and leasing decree water rights (Graph 3). Two-thirds (66.7%) of the and respondents indicated this statement was true. However, the was evenly split regarding the impacts of selling and leasing to the community environment with one-third of the reservation respondents reporting that community environment impacts should be considered, one-third that it shouldn t be considered and one-third who were undecided. 2
Graph 2: Decree Water Rights Can Be Sold Regardless of Impacts to in the Walker River Basin 8 Strongly Agree to Agree Neither Agree or Disagree Disagree to Strongly Disagree Graph 3: Decree Water Rights Can Be Sold Regardless of Impact to the Environment 8 Strongly Agree to Agree Neither Agree or Disagree Disagree to Strongly Disagree Willingness to Sell or Lease Decree Water Rights Concerning the willingness of respondents to sell their own water rights, the study found slightly more than two-thirds (68.8%) of all respondents from the three groups preferred not to sell their decree water rights (Graph 4). However, sizable percentages of respondents in the (15.8%), the (15.6%) and (15.4%) would consider selling their decree water rights. There were also a few respondents from the (8.9%) and (3.8%) that were undecided and a larger percentage from the (31.6%) that were undecided. There was no significant difference in respondents concerning whether or not they would personally lease their decree water rights. Although 39.8% of all respondents were willing to consider leasing their decree water rights, almost half (49.1%) would prefer not to lease and 11.1% were undecided.
Graph 4: Water Right Owners' Willingness to Sell Decree Water Rights 1 8 Definitely Sell to Consider Selling Undecided Prefer not to sell to Definitely not sell Conclusion This research was created and completed to identify commonalities and differences that existed among water right holders. It is clear that there are differences among respondents in regard to decree water rights with the exception of whether or not respondents would consider leasing their decree water rights. It is also clear that the types of water rights by area are significantly different, which relates to what water rights are the most important to each area and each respondent in the research study. Although, there are several issues for which clear differences are reported, there is also one issue where respondents are in agreement. This study could be used as a valuable tool in reaching potential solutions by first, identifying differences and commonalities, and second, using the knowledge to assist in resolving conflict through the consideration of different view points.. References Adams, D.A. 1993. Renewable Resource Policy, The Legal-Institutional Foundations. Island Press, Washington, D.C California Department of Water Resources. 1992. Walker River Atlas. Sacramento, CA. State of California, Department of Water Resources. Emm, S. 3. Perceptions and Attitudes of Randomly Chosen Agriculture Water Right Owners in Selected Areas of the Walker River Basin Toward Walker Lake. M.A. Thesis, Colorado State University. Gray, B. 1989 Collaboration: Finding Common Ground for Multiparty Problems. Jossey-Bass Inc. San Francisco, CA. Salant, P. and Dillman, D.A., 1994. How to Conduct Your Own Survey. John Wiley & Sons, Inc. New York. Singletary, L., A. Ball, and M. Rebori.. Managing Natural Resource Disputes. University of Nevada Cooperative Extension. SP--4. The University of Nevada, Reno is an equal opportunity, affirmative action employer and does not discriminate on the basis of race, color, religion, sex, age, creed, national origin, veteran status, physical or mental disability or sexual orientation in any program or activity it operates. The University of Nevada employs only United States citizens and aliens lawfully authorized to work in the United States. 4
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