University of Colorado Law Review Volume 55 Issue 3 Spring 1984

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420 UNIVERSITY OF COLORADO LAW REVIEW [Vol. 55 The state must also be available as mediator for on-going spe- cific disputes. The San Luis Valley needs this kind of help today. The Metropolitan Water Roundtable, established by Governor Lamm, has performed this function. The state has extensive experi- ence in mediating specific disputes. The Joint Review Process17' first established by the Colorado Department of Natural Resources for guiding energy projects through the permitting process is one exam- ple. The Cumulative Impacts Task Force,172 established through the joint efforts of state and local government agencies and corporations to guide private, state and local decision-making in providing govern- ment services required to accommodate the shale industry is another. The work of the Department of Natural Resources to resolve con- flicts between water projects and endangered species is a third.178 And the regional coal and oil shale teams established by the Depart- ment of Interior are a fourth example. The very fact that the state is not a proponent of action makes it possible to serve as a mediator and coordinator for projects that require consultation and cooperation. The state should also foster sound and well financed decision- making in its regulatory process and insist the federal government do the same. Well-reasoned and thoroughly considered water quality standards and wildlife protection decisions, for example, make utili- zation of Colorado's water wiser and more acceptable. Finally, Colorado must have skilled people and solid knowledge, equal to or better than its adversaries, at critical times of conflict with other governmental entities and private interests, whether on reserved rights, interstate compact negotiations, federal legislation, utilization of federal lands or development of oil shale. There is constant tension in the utilization of Colorado water, but there are few crises today. Nevertheless, there are ample oppor- tunities for improvement. No one can argue state government has no UPPER COLORADO RIVER BASIN 13(A) ASSESSMENT: THE AVAILABILITY OF WATER FOR OIL SHALE AND COAL GASIFICATION DEVELOPMENT IN THE UPPER COLORADO RIVER BASIN (1979) is a very useful report prepared by the Department of Natural Resources under con- tract to the federal government. The report discusses water availability for oil shale and coal gasification in the Upper Colorado River Basin. Unfortunately, the report is often carelessly used. 171. Cow. REV. STAT. §§ 34-10-101 to 104 (1973). A detailed manual is available from the Colo. Dep't of Natural Resources, Joint Revenue Project, describing the Joint Re- view Process. 172. See Pascoe &Cattany,Assessing the Cumulative Impacts of Development,2 PuB- LIC/PRIVATE,A JOURNAL FOR PUBLIC PRIVATE PARTNERSHIPS 67 (1983). 173. Getches,supra note 89.