4 Eric Wilkinson - 12-3

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

Eric Wilkinson
12/3/2004

Eric raised two main points. First, he had several comments about the Basin Representatives
who will negotiate the interbasin compacts. Second, he questioned what will be the driver for
the negotiations. Eric also had comments about the SWSI Roundtables, basin - of - origin
legislation, what happens if the process does not move forward, and the end product of a
constitutional amendment.

Basin Representatives
Eric noted that the compact negotiations are where the “rubber hits the road.” He does not
expect that the proposal will run into a lot of resistance regarding the Steering Committee, the
Basin Roundtables, or the other components. However, it is the Basin Representatives and the
Compact Negotiations that people will focus o n. The people involved in the negotiations must be
credible and accepted by the basins. Eric feels that ideally the basins would select the Basin
Representatives for the negotiations. However, he acknowledges that the personalities involved
in the negoti ations are important. Talking it through, Eric felt that it would be wise to follow the
process we have outlined with one added step. The Steering Committee would nominate Basin
Representatives, the Director would chose the Basin Representatives, and the Roundtables would
ratify the Basin Representatives before they could begin Compact Negotiations. This last step of
Basin Roundtable ratification would help make it less of a top - down process.

Driver for the Negotiations
Eric questioned what will be the driver for the negotiations. In the past, negotiations have taken
place over specific projects, and it was the project that kept people at the table. Eric is worried
that without specific projects or something else acting as a “driver” people will not be motivated
to stay at the table. Negotiations on nebulous concepts are difficult.

Although “drivers” for the process will be very important, the process we have set up leaves
these types of decisions up to the Steering Committee. Drivers might include s pecific projects,
overall allocations, divisions of Colorado River shortages, or a number of other issues that the
Steering Committee feels should be on the table. When the Steering Committee established the
compact negotiation framework, this will necess arily include the drivers that will bring basins to
the table and hopefully keep them there.

SWSI Roundtables
Eric was very positive about the SWSI Roundtables. He felt like they generally represent the
majority of the key interests and would make a good basis for the Institutional Framework as we
have proposed. In fact, Eric even questions whether or not SWSI Basin Roundtables could
simply get together for the negotiations.

Basin - of - Origin Legislation
Eric questioned what would a basin - of - origin bill do to help or hinder this process. We
discussed that the passage of basin - of - origin legislation would not be helpful to the process. If
basin - of - origin legislation is proposed, it will be important to convince the basins of supply that
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