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<br />The conclusion may be irresistible that the big flaw in <br />our present institutions is that they grew out of an <br />adversarial process. It is true that our legal system is <br />staked on making expenditures of time and resources, <br />of pressing extremes to produce the truth. But in the <br />end, the legal system also depends on having a judge <br />or jury reach a decision which the parties must <br />accept. That has not worked on the Colorado. Are the <br />planning and management for the diverse and multi- <br />ple resources of the Colorado River basin best left to <br />adversaries to fight over? Will we accept the mandate <br />of a single decision maker? If not, we must find a way <br />to entice, even coerce cooperation, collaboration, <br />compromise. <br /> <br />CONClUSION <br /> <br />The history of the Colorado River is not a happy one. <br />But history need not repeat itself. How can I reach this <br />upbeat conclusion? <br /> <br />There has never before been a greater convergence <br />around finding solutions to the problems of the <br />Colorado River Basin, to developing the factual basis <br />for those solutions, and to solving the wide array of <br />interconnected problems jointly. People are coming <br />together to address more than an issue at a time. The <br />agenda of the Colorado River Water Users Association's <br />meeting are broader than ever before. The seven states- <br />ten tribes forum brings tribes to a table of sovereigns <br />for the first time in river history. We certainly are more <br />in command of the facts - scientific, economic, and <br />hydrologic information - than ever before. For <br />instance, the Glen Canyon Environmental Studies and <br />the environmental impact statement provide volumes <br />of new information. The question is whether it will be <br />the basis of better decisions or whether it will be <br />ignored or merely selectively used. <br /> <br />14 <br /> <br />Of course, our information is not complete, but we <br />have invented adaptive management and are beginning <br />to take the risk of little uncertainty in exchange for <br />much greater prospects of successful management. <br />Significantly, that adaptive management approach <br />employs an advisory group with multiple interests rep- <br />resented on it so that scientific experts, recreational <br />and environmental interests and sovereigns, all will <br />have a voice. These are voices - with information and <br />ideas not heard before. <br /> <br />There are different views about the prospects for <br />bringing people together to find collaborative solu- <br />tions. Ken Maxey sees an advantage in having a dia- <br />logue but believes "complete resolution of these issues <br />is unlikely:' holding little hope out for a long-term (or <br />permanent), comprehensive program." Other papers <br />insist that we must move toward that kind of a pro- <br />gram. Dyer argues that the goal of more efficient water <br />use in the basin depends on collaborative efforts <br />among different water use sectors. Perhaps the most <br />optimistic of all the authors, Rod Smith discusses <br />interstate negotiations. Though he is upbeat, he, too, <br />must concede that water marketing - even intrastate <br />- has been acrimonious. The few successes are the <br />result of lengthy negotiations. And the crown jewel- <br />the Imperial Irrigation District - Metropolitan Water <br />District trade - was just about water. It did not have <br />to deal with endangered species or other environmen- <br />tal questions, making it relatively simple in the scheme <br />of things. The latest chapter, involving marketing to <br />Las Vegas some of the water saved by MWD's invest- <br />ment in lining lID's All-American Canal, has not yet <br />been completed. The MWD- lID relationship proved <br />to be as fragile as the relationship between Israel and <br />Palestine. Harsh words were spoken just a few weeks <br />ago and the parties are reluctantly returning to the <br />table for facilitated discussions. <br />