The problem is that it's not a persistent reference, and OCR does not remove the original and place a new one, it just moves it over a bit. So if my mod contains a Serpent's Wake with any change to its persistence it has to be in both places at once! I believe I'm going to have to provide a pair of Serpent's Wakes, and enable whichever matched the load order, but that's just this instance.
I'm sure I've read an article in the past that covered the creation of patches for mod conflicts, that would help me with this, but I can't find it. I need rules and examples and explanations.