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MEMORANDUM <br /> <br />INTERBASIN COMPACTS <br /> <br />RUSSELL GEORGE <br /> <br /> <br />Introduction <br /> : <br /> <br /> The purpose of this memorandum is to investigate the efficacy of interbasin <br />compacts to end the water wars between growing communities all across the State of <br />Colorado making increasing mun icipal/domestic/industrial water demands on areas of <br />water origin, which areas are often smaller than entire river basins. At this point in <br />Colorado's development, sub - basin conflicts are as significant as traditional east slope - <br />west slope discord. In pa rticular, the lower South Platte, as well as the lower Arkansas, is <br />an area of origin, just as the Colorado, upper Arkansas, Rio Grande, Gunnison and <br />Yampa - White are basins of origin. <br /> <br /> While all areas of origin face similar pressures from growing metropo litan <br />complexes, each area has unique circumstances that must be recognized. Some examples <br />are these: Along the north - south axis the areas of origin - lower, South Platte, lower <br />Arkansas, Rio Grande, North Platte - are over appropriated. East - west competiti on, in <br />contrast, is to develop new water with the resulting West Slope effects on recreational <br />and environmental flows. And while the lower Arkansas, lower South Platte and Rio <br />Grande communities are trying to retain the water currently used in their area s, West <br />Slope communities are seeking compensation and assistance to develop water for <br />traditional beneficial uses, recreational uses and environmental uses. The east - west <br />situation is generally analogous to the situations that existed during the golden a ge of <br />interstate compacts, and thus may be more amenable to that model which exemplifies a <br />win - win solution in that each party received something it wanted. The circumstances <br />involving north - south transfers appear to be qualitatively different. It is not obvious what <br />areas or origin need that can form the basis for win - win agreements. One possibility is <br />putting an end to additional permanent transfers/exports while allowing additional <br />temporary transfers/exports. Further, the water rights owners/sellers /lessors generally <br />support and benefit from the transfers, in contrast to area of origin communities which <br />face decreased economic activity as land goes out of irrigated production. <br /> <br /> <br />Lessons from Interstate Compacts <br /> : <br /> <br /> There are many important lessons f rom Delph Carpenter's work on interstate <br />compacts that appear equally relevant to negotiating compacts between water basins. <br />These lessons have been extracted from Dan Tyler's book, Silver Fox of the Rockies, <br />Delphus E. Carpenter and the Western Water Com pacts . The efficacy of Carpenter's <br />approach is evident in the fact that 13 of the 16 compacts negotiated between 1922 and <br />1971 followed his format. <br />