IBCC Issue Paper - Agreements Between Roundtab

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2. Stating in the Charter that agreements will only be legally binding and enforceable to the extent and in the manner that the negotiating parties consent: The IBCC could conclude that how an agreement is binding and enforceable is a critical part o f a negotiated agreement. One of the major components of any negotiated agreement is how the agreement will be implemented and how the parties can hold each other to the terms of the agreement. This should be negotiated and not be predetermined by the Ch arter. The purpose of this option would be to affirm the voluntary nature of the Interbasin Compact Process and to demonstrate in the Charter that entities will not be bound by anything they do not consent to. 3. Laying out procedures that currently exist u nder Colorado law for making agreements legally binding and enforceable. These generally fall into three categories: legislative procedures, water court procedures, or contracts. The IBCC would need to decide how much detail to include in this section. B ecause the IBCC and the roundtables do not have any regulatory powers, this section would not add anything new; it simply would be options available to the negotiating parties. In deciding between these options, two other issues come to the forefront: 1) who are the negotiating parties; and 2) what value does the Interbasin Compact Process add to our ability to address water issues. Negotiating Parties It is indicated in the Act and is the will of the IBCC that negotiations take place between roundtables . How roundtables structure these negotiations is up to the individual roundtable and can change based on the issue being negotiated. Most likely a subcommittee of the roundtable will be formed around certain negotiations. Because the roundtable itself cannot bind individuals, it will be critical to include the entities that have the need and the authority to enter into agreements. The final agreement most likely will be between individual entities. Individual entities, not the roundtables, will be the final signatories to the agreement. These types of negotiations are nothing new and frequently occur. Negotiations between roundtables and within the Interbasin Compact Process provides a forum for these negotiations to occur. Value Added Entities alr eady have the power to enter into negotiated agreements and the Interbasin Compact Process does not provide regulatory or binding powers to the roundtables or the IBCC. So what value does this process add? The Interbasin Compact Process achieves a number of objectives adding value to authorities that already exist: ? Organizational structure Although entities have always had the power to enter into negotiated agreements, there has never been an organizational structure through which to approach