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UNAUDITED CONSOLIDATED STATEMENTS OF CASH FLOWS - USD ($)
$ in Thousands
3 Months Ended 9 Months Ended 12 Months Ended
Sep. 30, 2023
Sep. 30, 2022
Sep. 30, 2023
Sep. 30, 2022
Dec. 31, 2022
Operating Activities          
Net loss $ (347) $ 10,173 $ 1,697 $ 13,825  
Adjustments to reconcile net income to net cash provided by operating activities:          
Depreciation and amortization     3,003 3,342  
Amortization of (discount) premium of marketable securities     (442) 116  
Equity in earnings of unconsolidated joint ventures, net (1,161) (1,991) (4,616) (4,867)  
Non-cash retirement plan expense     200 81  
Profit from water sales [1]     (490) (1,889)  
Profit from land sales [2]     0 (18,372)  
Loss (gain) on sale of property plant and equipment     59 (1,140)  
Deferred income taxes     0 (315)  
Stock compensation expense     2,369 2,088  
Excess tax (benefit) loss from stock-based compensation     (105) 3  
Loan fee write-off     0 85  
Distribution of earnings from unconsolidated joint ventures     13,176 7,336  
Changes in operating assets and liabilities:          
Receivables, inventories, prepaids and other assets, net     (5,231) 851  
Current liabilities     5,130 724  
Net cash provided by operating activities     14,750 1,868  
Investing Activities          
Maturities and sales of marketable securities     91,831 27,961  
Funds invested in marketable securities     (87,272) (48,614)  
Real estate and equipment expenditures     (13,513) (17,687)  
Investment in unconsolidated joint ventures     (3,750) (175)  
Distribution of equity from unconsolidated joint ventures     10,645 3,968  
Proceeds from water sales [1]     1,324 5,202  
Investments in water assets     (6,070) (988)  
Net proceeds from land sales [2]     0 24,950  
Net cash used in investing activities     (6,805) (5,383)  
Financing Activities          
Borrowings of long-term debt     0 49,080  
Repayments of long-term debt     (1,321) (51,272)  
Deferred financing costs     0 (181)  
Interest rate swap settlement [3]     0 1,123  
Taxes on vested stock grants     (2,594) (1,122)  
Net cash used in financing activities     (3,915) (2,372)  
Increase (decrease) in cash and cash equivalents     4,030 (5,887)  
Cash, cash equivalents, and restricted cash at beginning of period     39,619 37,398 $ 37,398
Cash, cash equivalents, and restricted cash at end of period 43,649 31,511 43,649 31,511 39,619
Reconciliation to amounts on consolidated balance sheets:          
Cash and cash equivalents 43,149 30,308 43,149 30,308 39,119
Restricted cash (Shown in Other Assets) 500 1,203 500 1,203  
Total cash, cash equivalents, and restricted cash $ 43,649 $ 31,511 43,649 31,511 $ 39,619
Non-cash investing activities          
Accrued capital expenditures included in current liabilities     742 841  
Accrued long-term water assets included in current liabilities     $ 1,248 $ 374  
[1]
In determining the classification of cash inflows and outflows related to water asset activity, the Company’s practices are supported by Accounting Standards Codification (“ASC”) 230-10-45-22, which provides that “Certain cash receipts and payments have aspects of more than one class of cash flows…. If so, the appropriate classification shall depend on the activity that is likely to be the predominant source of cash flows for the item.” Also, at the 2006 American Institution of Certified Public Accountants Conference on Current SEC and PCAOB Developments, the Securities and Exchange Commission, or SEC staff discussed that an entity should be consistent in how it classifies cash outflows and inflows related to an asset’s purchase and sale and noted that when cash flow classification is unclear, registrants must use judgment and analysis that considers the nature of the activity and the predominant source of cash flow for these items.

Given the nature of our water assets and the aforementioned authoritative guidance, the Company estimates the appropriate classification of water assets purchased based on the timing of the sale of the water. Water purchased in prior periods that was classified as investing was sold for $1.3 million in 2023, this cash inflow is appropriately classified in the Company’s investing activities. The profit of $0.5 million related to the water purchased in prior periods is appropriately being deducted from operating activities for the current period. The Company has and will continue to apply this methodology to water asset transactions that meet this fact pattern.
[2]
In determining the classification of cash inflows and outflows related to land development costs, the Company’s practices are supported by Accounting Standards Codification (“ASC”) 230-10-45-22, which provides that “Certain cash receipts and payments have aspects of more than one class of cash flows…. If so, the appropriate classification shall depend on the activity that is likely to be the predominant source of cash flows for the item.” Also, at the 2006 American Institution of Certified Public Accountants Conference on Current SEC and PCAOB Developments, the Securities and Exchange Commission, or SEC staff discussed that an entity should be consistent in how it classifies cash outflows and inflows related to an asset’s purchase and sale and noted that when cash flow classification is unclear, registrants must use judgment and analysis that considers the nature of the activity and the predominant source of cash flow for these items.

Given the nature of our land development costs and the aforementioned authoritative guidance, the Company estimates the appropriate classification of land development costs based on the timing of the sale of land. Land development costs incurred during prior periods that were classified as investing were sold for $26.7 million in gross proceeds in 2022, this cash inflow is appropriately classified in the Company’s investing activities. The profit of $18.4 million related to land development costs incurred in prior periods is appropriately being deducted from operating activities for the first quarter of 2022. The Company has and will continue to apply this methodology to land sale transactions that meet this fact pattern.
[3] The Company had an interest rate swap agreement with Wells Fargo Bank, N.A. to reduce its exposure to fluctuations in the floating interest rate tied to the London Inter-Bank Offered Rate, or LIBOR, under a term note with Wells Fargo. The hedging relationship qualified as an effective cash flow hedge at the initial assessment, based upon a regression analysis, and is recorded at fair value. On June 27, 2022, the Company terminated the interest rate swap agreement with Wells Fargo and received a $1,123,200 cash termination fee from Wells Fargo. See Interest rate swap liability (Note 10) for further discussion.