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Mitigating Third‐Party Effects
Author(s) -
Pratt Kevin B.
Publication year - 1988
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1988.tb03008.x
Subject(s) - compromise , shareholder , business , agriculture , value (mathematics) , water transfer , natural resource economics , state (computer science) , economics , political science , law , finance , geography , water resource management , corporate governance , environmental science , archaeology , algorithm , machine learning , computer science
Water transfer proposals in the state of Colorado involve lengthy hearings in water court to determine the adverse effects on traditional users, usually irrigators of farmland, weighed against the benefits of a “higher” use, usually municipal water supplies. Available water for the growing cities along the eastern flank of the Front Range of the Rocky Mountains is frequently located far from the cities themselves, and the potential for damage affects not only farmers but also small towns that are dependent on an agricultural economy. Minority shareholders in water entities seek to prevent immediate damage to crops as a result of a transfer and, at the same time, to retain or increase the value of their shares in the water rights for potential profitable transfer at a later date. This article details the legal basis used in a recent decision to protect the conflicting interests of a transferor and the objectors to the transfer. Many issues were resolved by compromise; others were deferred for future rulings.