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• Board Meeting Date: 11/14/2007
• Description: WSP Section - Request for Expenditure for Republican River Compact Litigation
• Board Meetings - Doc Type: Memo

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Section (c) of subsection 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 several expenditures from the litigation fund. The Board has
authorized $840,000 of the litigation fund, in connection with the Kansas v. Colorado litigation,
to: 1) design, install, and operate lysimeters 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 yields in the
Lower Arkansas River Basin; and 4) review the H-I Model by potential expert witnesses after
changes have been made by the State Engineer's Office. In addition, the Board has authorized
the expenditure of approximately $1.6 million to conduct work related to the potential of
litigation involving the Colorado River between the seven basin states. In addition, in November
the Board authorized the use of $40,000 to hire and attorney to represent the Board in the
finalization of the Platte River Three State Program Agreement. Currently, the fund has
approximately $1.4 million in it.
Amore detailed description of the work that will be accomplished, and the resources needed to
accomplish this work, is attached to the letter from the Office of the Attorney General.
Recommendation
Clearly the request from the Office of the Attorney General falls within the scope of Section 37-
60-121(2.5), C.R.S. Thus, the staff recommends that the Board:
1) authorize the expenditure of additional moneys, not to exceed $240,000 for the costs of
litigation associated with the defense and protection of Colorado's allocation of water in
the Republican River basin;
2) direct the CWCB 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-
b0-121(2.5).
Attachment
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