BOARD00059 ‎(3)‎

• Board Meeting Date: 1/23/2007
• Description: WSP Section - Litigation Account Status Report - Kansas v Colorado, Arkansas Basin Studies and Activities - Colorado River Activities
• Board Meetings - Doc Type: Memo

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ST A TE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
I ~ l~ Sherman Street, Rnllll1 721
Dl'lwer, Clllllr:ldo ~()203
Phllne: (303) I-ltiti-3-l-1l
FAX (303) ~66-1~7~
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Attachnlent 1 to CWCS Memo 1/ 16/07
DRAFT
MEMORANDUM

Bill Ritter, JT.
CllVernur

Harris D, SI1<'rm:1I1
Executive Director

TO:

Senate Agriculture, Natural Resources, and Energy Committee and
House of Representatives Agriculture, Livestock, and Natural Resources
Committee
Colorado Water Conservation Board, in conjunction with the Office of
the Attomey General
January 16, 2007
Annual Report on any litigation that involved the use of moneys from
the litigation fund created pursuant to Section 37-60-121(2.5).

Rod Kuharich
CWCB Director

Dan McAuliffe
Deputy Director

FROM:

DATE:
SUBJECT:

Back2,'ound

Section 37-60-121(2.5) provides that the Colorado Water Conservation Board is authorized "to expend,
pursuant to continuous appropriation and subject to the requirements of paragraph (b) of this subsection
(2.5), a total sum not to exceed the balance of the litigation fund, which is created, for the purpose of
engaging in litigation.. .to defend and protect Colorado's allocations of water in interstate streams and
rivers. .." Paragraph (b) of section 121 (2.5) provides: "pursuant to the spending authority set forth in
paragraph (a) of this subsection (2.5), moneys may be expended from the litigation fund at the discretion
of the board if: (1) with respect to litigation, the Colorado attomcy general requests that the board
authorized the expenditure of moneys in a speci fied amount not to exceed the balance of the fund for the
costs of litigation associated with one or more specifically identified lawsuits meeting the criteria set
forth in paragraph (a) of this subsection (2.5)." In addition, section 121 (2.5) states: "the Board, in
conjunction with the attomey general, shall report annually to the senate agriculture, natural resources,
and energy committee and the house of representatives agriculture, livestock, and natural resources
cOlllmittee on any litigation that involves the use of any moneys from the litigation fund created in
paragraph (a) of this subsection (2.5)." This report serves as this year's annual rep0l1.

Status of the Liti2,ation Fund

Since the inception of the fund, 2005 was the tirst time funds were expended from this fund. The fund
originally held $4 million, but Senate Bill 99-173 directed the State Treasurer to transfer $1 million from
the litigation fund to the capital account of the species conservation trust fund. The litigation fund as of
.July I, 2005 contained $3,08 I ,619. Of this amount, 1,040,000 was committed in 2005-2006. Last
legislative session, the General Assembly replenished the fund up to $4,000,000. In March 2006, the

Fl,x,d Prote,~tion . Water Supply Planning :md Finance. Stream '1I1d L:lke PnlteCtiO!1
Water Supply Protection. Conservation and Drought Planning