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

7. Broader Participation and Buy - In
Importance
Avoiding unwieldy compact negotiations will require a limited number of basin
representatives. It will also be important for negotiators to resolve conflicts and pursue
compromise in private settings. Courteous and continuous debate in private settings will
build trust and encourage compromise. However, any air of secrecy could endanger the
compact process. Therefore a mecha nism to foster public participation, transparency, and
stakeholder buy - in needs to be pursued. A balance between private negotiations and
openness needs to be found.

Ideas/Suggestions
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An examination of Sunshine laws will need to be under - take. The use o f Executive
Session will be used to allow for debate in private settings.
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The public at large will not be directly involved in the negotiations. However, a parallel
process that focuses on public education and outreach will be created.

Anticipated Course of Action
?

Public participation and buy - in will come from adherence to Sunshine Laws and a
balance between private debate and openness.
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Public participation and buy - in will be further fostered through a parallel process
focusing on public education and out reach.

This process will inform and educate the public.
o

There will also be a mechanism by which public input and feedback can be
o
relayed to basin representatives and the Compact Commission.

8. Compact Negotiations

Importance
The framework for negotiations will be critical to the success of the compact process.
Several key components need to be considered. These include: ensuring a balance of
power among the negotiators; establishing the decision - rules; setting the format for
negotiations; and having mech anisms for resolving conflicts.

Ideas/Suggestions
?

A balance of power will be ensured through the decision - rules.
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Decision - rules can include consensus, super - majority, or majority.
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Format for negotiations:

The format, including groups, sub - groups, processe s, etc. can be established
o
ahead of time.

The format can be designed and implemented by the Compact Commission.
o

The format for negotiations can be the same for all basin - to - basin negotiations or
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they can vary depending upon the needs of each particular neg otiation.
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Several mechanisms can be available to resolve conflicts. These include the use of
facilitators for the negotiation process, as well as access to professional mediators should
the need arise.

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