18h ‎(2)‎

• Board Meeting Date: 11/14/2007
• Description: CF Section – Referred Non-Reimbursable Investments - Colorado State Forest Service/CWCB Water Suply Protection Section - Republican River Study
• Board Meetings - Doc Type: Memo

. STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: (303} 866-4474
www.cwcb.state.co.us
MEMORANDUM
TO: Colorado Water Conservation Board -Finance Committee
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Duector
FROM: Ted Kowalski, Chief Water Supply Protection Program Dan McAuliffe
CWCB Acting Director
DATE: August 30, 2007
12E: Non-Reimbursable Investments
Republican River Study
Introduction
The recent multi-year drought and increasing interstate and intrastate demands within the
Republican River basin, in part due to litigation initiated against the State of Colorado, has had a
dramatic effect on irrigation within the Republican River basin. As a result, Colorado has
retired thousands of acres of irrigated land and taken additional actions such as partiall}~ draining
Bonnie Reservoir. In addition, Colorado is developing enforcement rules and exploring;
additional actions that Colorado will need to undertake in order to comply with the settlement
decree entered in the interstate litigation between Kansas, Nebraska, Colorado, and the United
States. Recently the Kansas Attorney General indicated that the States of Colorado and
Nebraska are not doing enough to comport with the settlement decree. He further indicated that
Kansas would take appropriate actions to enforce the settlement decree. The State of Colorado
must be prepazed to curtail its uses, and also defend the State's interests in the likely litigation
that is looming.
Discussion
The purpose of this study is to assist the State of Colorado in defending the State in the event that
litigation is filed by either the State of Kansas or the State of Nebraska against Colorado. While
this litigation could be filed prior to July 1, 2008, it is likely that the costs of litigation would not
be incurred unti12008. In the event that funds are needed prior to July 1, 2008, the Office of the
Attorney General may seek funds from the litigation account. The funds identified by trlis
request would largely be for consultants (modelers, engineers), by way of expert witnesses, that
maybe necessary to defend Colorado's interests in this litigation. Should Litigation occLU-, the
Office of the Attorney General and the Office of the State Engineer would also incur additional
costs, but those costs will not be paid for under this request, and those costs are not identified
explicitly in this application.
Staff Recommendation
Staff recommends the Board request that the General Assembly authorize up to $11 x,000
from the Construction Fund to be appropriated to the CWCB for the study associated with
the Republican River study. CWCB staff will be available to answer any questions.
Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection
Water Supply Protection • Conservation and Drought Plaruiing