23 ‎(3)‎

• Board Meeting Date: 11/14/2007
• Description: WSP Section - Request for Expenditure for Republican River Compact Litigation
• 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: [phone]
www- c wcb.state.co.us
TO: Colorado Water Conservation Board Members
FROM: Ted Kowalski, Program Manager
Randy Seaholm, Chief
Water Supply Protection Section
DATE: November 5, 2007
SUBJECT: Agenda Item 23, November 14-15, 2007 Board Meeting
Water Supply Protection -Request for Expenditure for
Republican River Compact Litigation
Bill Ritter, Jr.
Governor
Hams D. Sherman
DNR Executive Director
Dan McAuliffe
Acting CWCB Director
Background
As you know, the multi-year drought and increasing interstate and intrastate demands on the
Republican River have dramatically affected irrigation within the basin. As described in the
attached request from the Attorney General's Office, we anticipate that Kansas may file a
complaint after the first of the year, alleging that Colorado and Nebraska have consumed more
water than the Republican River Compact allows.
Section 37-60-121(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 slim 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 of water in interstate streams
and rivers; and (lV) To ensure the maximum beneficial use of water for present and future
generations by addressing important questions of federal law."
Section {b) of subsection (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: (I) With respect to
the litigation, the Colorado attorney general requests that the hoard authorize the expenditure
of moneys in a specified amount not to exceed the balance of the fund for the costs of
litigation associated with vne or more specifically identified lawsuits meeting the criteria set
forth in paragraph (a) of this subsection (2.5).
Water Supply Protection • Flood Protection • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water 112anagement & Development