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<br />VUL.o~'-V'-ln.1 .11""t""t <br /> <br />VV'/I\l\ 1 <br /> <br />rM^ AU. ~tUq~110jO <br /> <br />P. U~ <br /> <br />000631 <br /> <br />incr~~se court costs and likely extend the time period between <br />the original application tor change and the resolution of the <br />case, regardless of the merits of consideration of these <br />concerns. In addition the question arises of who should prope~ly <br />bear these costs. <br /> <br />As noted above, the format and forqm for presenting <br />information about a proposed water transfer can be considered a <br />limitation, from the standpoint of the pubic understanding and <br />supporting such a transfer. <br /> <br />Alte.rnatives <br /> <br />A fundamental question is whether th~ water property rights <br />issues should be commingled with social, economic, and environ-- <br />mental issues. The answer to this question will determine <br />whethAr criteria for the court to consider these issues should be <br />developed, or whether a different forum is needed. <br /> <br />The water court is not the only forum in which these jssues <br />ldght be addressed. They could I for example, be addressed <br />through private negotiation between the affected parties and <br />communities. If a public fo~um is to be used, should it be a <br />state'.level or regional organization, or should the examination <br />of issues be carried out by local governments? If by local <br />governments, the government in the area of origin could reach <br />different conclusions from the government of the area of need, <br />and the establishment of an arbitration mechanism might be <br />necessary. A state-wide organization could obviate that need by <br />including representatives of both areas, as well as others who <br />would bring a state-wide perspective to the examination. If the <br />mechanism is private, how should it be structured and who should <br />be the decision makers? In any case, how should ov~rsight or <br />appeals be handled? <br /> <br />Questions: Should water property rights' <br />issues .be ~o~ing.~e4 with eqono~ic; social, <br />and environmental .issue~?' ..Should ".the' -water <br />'..court..:'haye. Jurisdic;tt~n to. .exailii"tls ':issues. <br />. al:'is'ing .:from. .area--~;~~riqin :transfer :of.:,water <br />other '..than- :p~9per:ty",: tights, '01". shoulQ...:'th\3..t. '. <br />.. ...jur':i,~a.Jct;.i_9.n".:~~._~~ye~ to ~n j~lte.;~~~~y',~"'~~n,ti ti.? . <br />. :Who should:'bear::'the. .eosts O.f.:.cons"i'derati.:tbn.....of :. . <br />these .issues.?..' 'HoW ::should cons-ia.era:tion~' of -these <br />.issues' be structured. ',so that no' one' with a <br />legitimate interest in a water transfer is <br />"exclud.ed .from the. process? <br /> <br />8 <br />