IBCC Issue Paper - Agreements Between Roundtab

• Title: IBCC Issue Paper - Agreements Between Roundtables
• Interbasin CC - Doc Type: Correspondence/Memos

Agreements Between Roundtables
Issue Paper

This paper is intended to address section 37 - 75 - 105(3)(c) of the Colorado Water for the
st
21 Century Act (the Act) and the larger question of how negotiations between
roundtables could operate. The intent is to stimulate discussion as the IBCC continues
the charter review process.

The section of the Act in question states:
At a minimum, the Interbasin compact Charter shall include the following: … (c)
As deemed appropriate by the Interbasin Compact Committee b ut subject to the
principles established in section 37 - 75 - 102, authorities and procedures for
making compacts or other agreements between roundtables legally binding and
enforceable;

The referred to principles in section 37 - 75 - 102 affirm that “nothing in this article shall be
interpreted to repeal or in any manner amend the existing water rights adjudication
system.” Further it affirms the constitutional recognition of water rights as private
property rights and it states “this article does not impair, li mit, or otherwise affect the
rights of persons or entities to enter into agreements, contracts, or memoranda of
understanding with other persons or entities relating to the appropriation, movement or
use of water under other provisions of law.” In other w ords, the Act sets up a voluntary
process that in no way changes the current water law system.

Section 37 - 75 - 105(3)(c) seems to set up a paradox with the principles established in
section 37 - 75 - 102. How can the Charter contain authorities and procedures for making
agreements legally binding without changing current Colorado water law? Roundtables
as entities do not own water and do not have the power as roundtables to bind
individuals.

The IBCC can address this issue in number of ways; but first it is h elpful to point out
what the IBCC cannot do. The Interbasin Compact Process is a voluntary process so the
IBCC cannot force entities to use the process. Also, roundtables are not vested with any
regulatory powers so roundtables themselves cannot bind ent ities within their basin.
Finally, neither the roundtables nor the IBCC can restrict the use or disposal of water
rights.

So what can the IBCC do to address section 37 - 75 - 105(3)(c)? Options include:

1. Creating a Charter without these procedures:
Because section (3)(C) begins “as deemed appropriate by the Interbasin Compact
Committee,” the IBCC could conclude that it is not appropriate for the Charter to
contain authorities and procedures for making agreements between roundtables
legally binding and enforc eable.