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Last modified
1/26/2010 12:27:07 PM
Creation date
10/11/2006 9:52:06 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8449.850
Description
Metro Water Supply Investigation - MWSI
State
CO
Basin
South Platte
Date
8/1/1995
Author
Hydrosphere, HRS
Title
Phase II Interruoptible Supply Summary Report - Draft
Water Supply Pro - Doc Type
Publication
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<br />MWSI Project <br />Interruptible Supply Framework Repon - DRAFT <br /> <br />August 21, 1995 <br /> <br />4.2.1 Possible Clauses <br /> <br />Renegotiation Clause: This clause allows the contract to be reopened and <br />renegotiated prior to tennination in order to address unforeseen circumstances. <br /> <br />. Right of First Refusal: This provision allows the seller to sell the water rights <br />supporting the contract before contract tennination, The buyer, however, is given the <br />right to match the offered price. In some cases, a maximum purchase price is set in <br />order for the buyer to be comfortable dealing with the chances of short tenn spikes in <br />water prices (Michelsen, 1988). <br /> <br />Force Majeure: In the event of uncontrollable circumstances which result in a <br />party not fulfilling their part of the contract, this clause relieves each party of contract <br />obligations. <br /> <br />Arbitration Clause: An arbitration clause describes the procedures to deal with <br />contract disputes. <br /> <br />4.3 Other Factors <br /> <br />4.3.1 Group or Individual Arrangements <br /> <br />Arrangements can be made with an individual fanner or fanners or the seller can <br />be a ditch company, water user's association, or conservancy district, representing a <br />group of irrigators, There can be many advantages to grouping several individual <br />entities under one organization. First of all, individual impacts can be reduced via <br />rotation of affected lands within organization boundaries, Secondly, if the buyer only <br />needs to negotiate with one entity (e,g" an irrigation district), transaction costs can be <br />substantially reduced, Third, a unifying agency can be responsive to changing <br />productivity issues and be arranged so that ISC obligations are met by intenupting less <br />productive lands. all other things being equal. <br /> <br />In some cases, it may make sense to set up some type of unifying organization <br />(representing several different entities) in order to facilitate cooperation and <br />negotiations, Northern Colorado Water Conservancy District or district-level <br />organizations could fill this role. Procedures could be set up so that individual fanners <br />could volunteer to be interrupted. Such "take it or leave it" programs are not foreign <br />to the agricultural community (e,g" the Conservation Reserve Program), In addition, <br />this type of 'clearinghouse' could implement innovative water management schemes <br />which could be flexible and help distribute the impacts of meeting contract obligations. <br /> <br />Hvdrosphere Resource Consultants <br /> <br />16 <br />
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