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<br />00Q99'_ <br /> <br />IuvoluntlUy Olange: &temal Regulation <br /> <br />Some participants felt there is a need to have state statutes encouraging reallocations <br /> <br />and other desireable change, and at the same time recognize the importance of giving society a <br /> <br />say in whether and how reallocation or trall.lfers should occur. The siatutes could be broadly <br /> <br />worded; not overly regulatory, . Legislation should be drafted to provide incentives. and general <br /> <br />guidelines, to be enabling rather than prescriptive,. Examples of this type of legislation are <br /> <br />Oregon's trall.lfer law.; protecting minimum streamflow.; and basins of origin. <br /> <br />Along these same lines, there was the comment that we should not promote legislation <br /> <br />that would set specific criteria for districts to consider in effecting transfers; this is really a local <br /> <br />matter. And legislators are often reluctant to set specific criteria In existing legislation that <br /> <br />pertaiD.\ to general water transfers, criteria enacted by legislators has been very general. The <br /> <br />best way to deal with local concerns may be in the form of a broader reallocation scheme or <br /> <br />regional planning process. This is going on i:il New Mexico and i:il Montana. A group that is <br /> <br />representative of local concerns is organiz.edto participatei:il a regional planning process; to <br /> <br />look at needs, supplies, and alternatives to water transfers. . To reiterate, legislators do not want <br /> <br />to be specific and i:il most cases Will not enact legislation with specific criteria, Specific criteria <br /> <br />that must be considered by districts in effecting transfers may n~ to come from the courts ten <br /> <br />years after general legislation is enacted, <br /> <br />Other participants, while agreeing that generally this seems to be a good approach, have <br /> <br />seen problems with the effectiveness of external pressure. For example; in the area of water , <br />" , <br /> <br />13 <br />