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

- 2 -

Section (c) ofsubscction 2.5 provides: "Any interest earned on the moneys in the litigation fund
shall be credited on an annual basis to the litigation fund created in paragraph (a) of this subsection
(2.5).

To date, this Board has authorized expenditures from the litigation fund as follows:

1. The Board has authorized the use of approximately $800,000 of the litigation fund, in connection with the
Kansas v. Colorado litigation to: I) design, install, and operate Iysimcters at the Colorado State University
Agricultural Experiment Station at Rocky Ford; 2) enhance the CoAgMet Electronic Weather Station
Network in the Lower Arkansas River Basin; 3) conduct field investigations to monitor irrigation water
management: volume, timing and quality of applied water and resultant crop yicIds in the Lower Arkansas
River Basin; and 4) rcvicw the H-I Model by potential expert witnesses after changes have been made by
the State Engineer's Office.
2. The Board authorized the expenditure of approximately $1,000,000 to conduct work related to the potential
of litigation involving the Colorado River between the seven basin states. The work that has been done
under this topic is described in the attached letter from the Attorney General.
3. In addition, the Board authorized the use of S40,000 to hire and attorney to reprcsent the Board in the
finalization of the Platte River Thrce State Program Agreement.

You may recall that the litigation fund was replenished up to the original $4,000,000 in July 1,2006.
With this authorization, the litigation fund will still remain over $2,000,000. A more detailed description of the work
that will be accomplished, and the resources need to accomplish this work is attached to the letter from the Office of the
Attorney General. In addition, this matter is listed on the Executive Session agenda, and we may want to discuss this
matter with the Office of the Attorney General at that time.

Staff Recommendation

The request from the Office of the Attorney General falls within the scope of Section 37-60-121(2.5), eR.S. Thus, the
staff recommends that the Board:

1) authorize the expenditure of additional moneys, not to exceed $6l5,452 for the costs of
litigation associated with the defense and protection of Colorado's allocation ofwater in the
Colorado River;

2) direct the eWCB Director and Staff to expend these funds in a manner consistent with the
request by the Office of the Attorney General; and,

3) direct the CWCB Director, CWCB Staff, and Office of the Attorney General to comply
with the annual reporting requirements as specifically provided for in Section 37-60-
12l(2.5).

Attachment

Flood Protection. Water Project Planning and Finandng . Stream and lake Protection
Water Supply Protection. Conservation Planning