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<br />increase court costs and likely extend the time period between <br />the original application for 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 properly <br />bear these costs. <br /> <br />As noted above, the format and forum 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 />Alternatives <br /> <br />A fundamental question is whether the water property rights <br />issues should be commingled with social, economic, and environ- <br />mental issues. The answer to this question will determine <br />whether 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 issues <br />might be addressed. They could, for example, be addressed <br />through private negotiation between the affected parties and <br />communities. If a public forum 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 oversight or <br />appeals be handled? <br /> <br />Questions: Should water property rights . . <br />issues be commingled with economic, social.,.. <br />and environmental issues? . Should the water. <br />'court.have jurisdictiontoexaIiline', issues,., "... <br />\arisinq from,. area-of,..origi~transfer ..Qf)water,. <br />....other than .p:r;opertyriqhts,or. shouldtilat,:.. <br />. .jilrlsdiction.be qiven to analternatiyeentJ,t,y? <br />Who> should bear the costs of.consideratlonof' <br />these issues? Howshoulci.considerationof~ese. <br />issues be structuredsothatnoonewi~a. .. <br />legitimate interest in a water transfer is <br />.excluded from the process? <br /> <br />...... <br /> <br />8 <br />