5 Components of a Compact Negotiation Framewor

• Title: Colorado’s Interbasin Compact Negotiations: Development of an Institutional Framework - Components of a Compact Negotiation Framework
• Date: 12/17/2004
• Author: Russell George, Frank McNulty, Peter Nichols, Eric Hecox
• IBCC - Doc Type: Program Planning, Budget & Contracts

Revised: 7/26/2007

3. Entering the Proces s
Importance
A negotiated process is appropriate when conventional avenues have reached a stalemate.
When this occurs, negotiating parties must be willing to compromise (i.e. give up
something), as well as subscribe to several foundational principles.

Ideas/Suggestions
?

Although parties must be willing to compromise, none should have to give up the right to
future economic development (either through water projects or protecting environmental
and recreational values).
?

Foundational principles could includ e:

Entering the process would be VOLUNTARY.
o

The idea of “equitable apportionment” needs to be subscribed to, but this concept
o
is not clear defined.

Claims of absolute ownership constitute an unreasonable exercise of sovereignty.
o

Preservation of the princip le of local control of water.
o

The law of the compact would govern matters between basins; while established
o
laws would govern within each basin.

Compacts will adhere as closely as possible to Colorado’s existing water rights
o
and water administration system , including the Doctrine of Prior Appropriation.
Any deviation from the existing system will be done through a constitutional
amendment.

Agreements will comply with all state and federal environmental laws.
o

Agreements among parties cannot be contrary to l aw.
o

Anticipated Course of Action
?

In general, basins of origin would give up their claims of “not a single drop” in exchange
for some scheme of long - term basin of origin protection.
?

A series of ground rules would be outlined and agreed to before entering c ompact
negotiations. These ground rules would be established by the Compact Commission (see
#5) and could incorporate the foundational principles outlined above.
?

The end product would be a compact, which would be implemented through a
constitutional amend ment.

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