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08 (2)
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Last modified
8/16/2009 2:33:39 PM
Creation date
9/28/2007 10:31:16 AM
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Board Meetings
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
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<br />century. The technical issues involve surface and groundwater uses over a quarter of a <br />million square miles. Experience has shown the Department of Law that preparation for <br />complex interstate sparring takes time and money. Spending money preparing for <br />litigation on the front end saves time and money over situations where the State is playing <br />"catch up" on the back end. Although \ve support efforts between the Colorado River <br />Basin States and the federal govemment to forestall litigation, Colorado needs to be <br />prepared to engage in litigation, if necessary. to protect Colorado's interests. In addition, <br />this effort will continue to assist Colorado in the current negotiations that arc ongoing. <br /> <br />Thus. I am requesting the expenditure of an additional 5210,452 to carry out our work <br />through FY08 and a total of 5405.000 for FY 09 to continue to fund the 1'01 lowing tasks: <br />(I) representing the State of Colorado and the Board in potential Colorado River litigation; <br />(2) providing the State or Colorado and the Board \vith legal advice and counsel with <br />respect to Colorado River negotiations; (3) preparing the State of Colorado and the Board <br />for possible Colorado River Compact litigation; (4) finalizing and organizing a Colorado <br />River database for Colorado and Board use in connection with Colorado River negotiations <br />and possible litigation; and (5) assisting the State Engineer with respect to intrastate <br />Colorado River administration issues, including identifying and analyzing the best strategy <br />for de\'eloping curtailment rules. <br /> <br />These tasks are essential to preparing my office und the Board for future negotiations and <br />potential litigation to defend Colorado's rights to the Colorado River. now and in the <br />future. 1 therefore request and recommend that the Board authorize the additional <br />expenditure of up to $6l5,452 from the Litigation Fund to fund these activities through the <br />end of FY09. I further recommend that the Board"s authorization allow the Bnard <br />Director, in consultatio.n with my starf and the State Engineer, to allocate funds between <br />these activities based on actual costs and litigation necessities. [have attached a chart of <br />budget assumptions and calculations for your review. <br /> <br />Thank you for your consideration. <br /> <br />Sincerely, <br /> <br /> <br />~2 <br /> <br /> <br />Colorado Attoll1cy General <br /> <br />Attachment <br />
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