08 ‎(2)‎

• Board Meeting Date: 9/18/2007
• Description: WSP Section - Request to obtain authorization to expend funds from the Litigation Fund to defend and protect Colorado's allocation of water from the Colorado River
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 72 I
Denver, Colomdo 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

Bill Ritter, Jr.
Governor

IHEAIORANDUM

Harris D. Sherman
Executive Director

To: Colorado Water Conservation Board Members

From: Randy Seaholm, Tcd Kowalski

Dan McAuliffe
CWCB Acting Director

Date: Scptember 9,2007

Re: Agenda No.8, September 18-19, 2007 Board Meeting,

Water Supply Protection - Request to obtain authorization to expend funds from the Litigation
Fund to defend and protect Colorado's allocation of water from the Colorado River.

Back2round

As you know, the unprecedented drought in the past seven years in the Colorado River Basin has drastically IO\vered
storage levels in Lake Powell and Lake Mead. As described in the attached request from the Attorney Gcneral's Office,
storage in Lake Powell protects Colorado and the other Upper Colorado River Basin states from having to curtail water
use to meet compact delivery requirements to the Lower Colorado River Basin. Although the seven Colorado River
Basin States and the federal government continue to discuss a variety of drought response measures, and we have signed
agreement and draft proposal for the Secretary of Interior's consideration, the State needs to be prepared for the
likelihood that it will need to engage in litigation, ifnot in the immediate future at least in the next decade or two.

Seetion 37-60-I21(2.5)(a), c.R.S. provides:

The 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 four million
dollars from the litigation fund, which is herby created, for the purpose of engaging in litigation:
.. .(III) To defend and protect Colorado's allocations ofwatcr in interstate streams and rivers; and
(IV) To ensure the maximum beneficial use of water for present and future generations by
addressing important questions of federal law."

Section (b) of subscction (2.5) states:

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 the
litigation, the Colorado attorney general requests that the board authorize the expenditure of
moneys in a specified 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).

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning