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Water Project Construction Program -Project Data Non-Reimbursable Investment Applicant: Ted Kowalski, CWCB In Cooperarion with Ken Knox, Office of the State Engineer and Casey Shpa11, Colorado Attorney Generals Office Project Name: Republican River Technical Assistance Study Project Type: Study of Republican River basin as it relates to the Republican River Compact between the States of Colorado, Nebraska, and Kansas. This study will assist the State in protecting Colorado's ability to max;m;~e beneficial use of water in the Republican River basin, within Colorado. Counties: Kit Carson, Yuma, Washington, Logan, Phillips, Sedgwick, and Lincoln Drainage Basin: Republican River Basin Water Source: Republican River and the tributary aquifers Total Study Cost: $ 115,000 Funding Sources: Construction Fund, perhaps the Litigation fund if necessary Type of Applicant: Government Median Household Income: N/A CWCB Investment: $ 115,000 Background: 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 partially 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 prepared to curtail its uses, and also defend the State's interests in the likely litigation that is loomi~:g. 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 fund; from the litigation account. The funds identified by this request would largely be for consultants (modelers, engineers), by way of expert witnesses, that may be necessary to defend Colorado's interests in this litigation. Should litigation occur, 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.