Arkansas - UNC - Inquiries into Buy and Dry_May2008

Home Browse Search

primary term. It is very difficult to foresee all the issues and changes that will arise over a term of, say, 75 years, so both sides need careful protection of their interests. In practical terms, the protection of both sides' interests in a long and unforeseeable future amounts to a partnership for the management of the various assets involved; they include the water right, and the farming capacity, and whatever else the parties include. They might, for example, include many arrangements to divide service provision, to help with capital asset supply and operations, location of services and operations, and they might include other parties and other interests. Land use planning and development are likely to be relevant to long-term agricultural planning, and the partnership may include local governments. Cities have capacity that ditch companies and many local governments do not, and provision of services may be part of the deal. The bigger picture (a seeming digression that turns out to be important): The best way to think of the possibilities is to think what you would do if you owned all these pieces on the game board -the city water system, the farms and water rights, and the local service provision and needs... You would find a flexible allocation that doesn't throw away pieces that could be very important in the future, and you would be interested in getting the best return in the long term from all the pieces. That sounds like a great leap from Colorado's history of non-planning, and it is, but in fact it is just what most cities do most of the time, working on finding that balance and adjusting it, between investment in one place or one system or another, and keeping all the interests in mind. The leap is to bring that kind of thinking to the whole set of places involved, and to bring in the missing voices and interests. Traditionally, there are two ways to get that kind of broad involvement in the organization and management of resources: centralized planning, or markets which include representation of interests not directly involved but affected. Typically, this modification of markets is accomplished by means of a combination of regulation and participation. Regulation is used when there is a public interest to be asserted, such as when the interests affected are wide- spread, as in clean air, when the interests cannot effectively be otherwise protected, as in prevention of contamination of water supplies or groundwater, or when there is no other economically reasonable way to protect the interest, as in avoiding the absurdity of everyone in town negotiating with everyone else about who can do what with their land. Participation may be more appropriate where the interests are less wide-spread; the most obvious example in Colorado is the authorization for donors to contribute in-stream flows to the program which in general represents a public interest in avoiding environmental problems. Participation by a variety of local and non-governmental interests may substantially improve what the government has been able to do so far. Another example is the provision by local governments of easements, amenities and recreational facilities. The local government is participating inland markets to acquire or secure an interest. In general, regulation maybe more appropriate where it is used to prevent imposition of costs on others, and participation may be more appropriate where it is used to provide benefits. The benefits may be in the future as well as in the present. Denver did not buy all the land at the new airport for present use, but wanted to assure sufficient space in the future for new facilities.