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<br />stream. The value of tourism to the local economy is another factor <br />which will inhibit or prevent Colorado from taking the step of <br />consumptively developing its remaining share. <br /> <br />Public Opinion <br />A fifth factor is public opinion. Importantly, public opinion <br />about the quality of life. In this light the debate reduces to dams <br />versus free flowing rivers. A collaborator of Mark Twain's, Charles <br />W. Warner, said that "public opinion is stronger than the legislature <br />and almost as strong as the Ten Commandments." I think that we all <br />realize that and see it so often that we are inured to it. Charlie <br />Jordan wrote in today's Post "Water Series" that the Denver Water <br />Board stated that new water projects these days require the support <br />of the environmental community in order to continue. I think that the <br />environmental community can be read rather broadly. Many people, <br />probably most people, even President Bush, consider themselves <br />environmentalists. Public opinion on these proj ects plays an enormous <br />role in whether or not such projects ever leave the conceptual stage. <br />If public opinion and non-traditional players play such a enormous <br />role in determining what the law is going to be, then non-traditional <br />players in the public also play a role in administering it and <br />carrying it out. You have heard references to the fact that for the <br />first time members of the public, and members of the environmental <br />groups are getting involved in some of these Colorado River forums and <br />water advisories groups and so forth. I think it is not a coincidence <br />that all this is happening. It is not a coincidence that ten Indian <br />tribes have joined together to explore jointly marketing their water <br />on the Colorado River. It is not a coincidence that Jim Carrier's <br />story about going up and down the Colorado was so well received and <br />popular in the Denver Post. It is not a coincidence that we are here <br />today, talking in one of the many forums about Law of the Colorado <br />River and the public's stake in it, not just the traditional stake in <br />it. <br /> <br />Need <br /> <br />The sixth factor is what I call need. This might be what John <br />Carlson referred to as equity. It is the fact that where the water <br />ends up depends to some extent on who needs it and who is already <br />using it. We all know that possession is 9/10ths of the law. Ken <br />Mitchell, who recently retired from the Denver Water Board, made an <br />interesting statement in a story about the water buffalo days being <br />over. He says, "I' think we're going to be lucky to hang on to what <br />we've got right now:, " referring to Colorado's remaining compact share. <br />"I think Arizona and California already have a major handhold on a <br />piece of Colorado's compact water. I don't think Colorado is going <br />to get it back. They put it to use first and there's no question that. <br />California has a lot of political clout to try to keep it." He said <br />that in March. <br /> <br />Tribal Water Marketing <br />The seventh, which I have already mentioned, is the tribes' <br />desires to market their water and the great demand for water in the <br />Lower Basin. This has a large influence on where Colorado water will <br />end up. You are going to hear a great deal about that. I think there <br /> <br />22 <br />