19a ‎(2)‎

• Board Meeting Date: 1/23/2008
• Description: WSP Section - CWCB Litigation Account - Status Report
• Board Meetings - Doc Type: Memo

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~LCtii?n (c) ufsuhsection 2.~ provides: "An}• interest carnal on the moneys til t}Ie liti~.;atic)tt fund
;hall be craiiteci on an annual basis to the lititiutioti titnci created in paragraph {a) ol'this subsection
(2.~).
"I"u date. this F3oani has autltorized expenditures from the litigation fi3nd as follows:
"I'he Hoard has authorized tht: tr_~e of approximately 500,000 of the litigation fund, 1I1 Cl)i111erp011 ~altlt thr
Kansas ~. C'olorado litigatior, w: 1) design, install and operate lysimetrrs at the Colorado State Cnivrnity
:~~:.~ricultural Lxperintcnt Station at lZar::y hotel; 2) enhance Ehe Cbag~let tilrctranir 1ti'eathcr Station
network in the La~vrr:~rkansas River E3asin; 3}conduct Held investigations to monitor irri;atiun water
tnattagrtitent: vufumc. timing at:d yuaiit} af'ai;pliecl tauter and resultant Drop yiclcls in the bower Arkansas
River E3asin; and ~) rrvirw tier {i-I Model by l;otrntia! expert witnesses at'trr changes have been made by
rite State 1n17ineer's Office.
"i ltr 13oarcl autltorizec! the expenditure of approximately Si,000,0U0 to conduct work rrlatrd to the potential
of litigation invoh"iug fire Cohtrado River hrtwren the seven basin stabs. 'fhe Mork that has been tiotre
under this tRpiC is described in the attached letter fiom the attarrry Genera[.
In addition, the Board autitorizrd the use of 5-10,000 to hire and atturnev to reprrscnt the Board in the
linaliration of the Platte Rivrr'ihrrc State Progratn Agreentcnt.
1'ou may recall that the liti~~ation titnci was rrpirnished up [u the urigitial 54,000,t)UQ iu .iuly 1. 2006.
With this authnri~atiott. the litigation fund will Mill rc3t:ain Duct S',000,(100. Amore detailr~i dese:ription of the ~enrk
that will be aCCQn1p115hCd, and the resources need to accomplish this work is a[taclted to the Truer from the Ofticr of the
~\ttorney° (lenrral. In addition, this matter is listed or. the Executive Session agenda. and ate may want to discuss this
matter with the Of"fire of the Attorney Crenrr;al at that time.
Sniff {2rCOii131ten112tI1Un
? i:c ;evert ~r:rr. '}ie Oftice uP the Attorney General falls within the scope of Section 37-CiO-121(2.5), G.R.S. hhus, the
st::;:"r.cu:n:ne:;~, that tltr F3oar~i:
I) authorize the expenditure of additional moneys, not to exceed 5615,=)~2 for the costs of
iiti~ation associated with the defense and protection of Colorado's allocation of water in the
Colorado River;
2) direct the CW'CH Director and Staff to expend these funds in a manner consistent with file
rccluest by the Office of-the Attortuy General; arni,
3}direct the C~~'C13 Director, C~VCE3 Staff; and OfTice of the Attorney Clcneral to comply
with the annual reporting rcquirernents as specifically provided for in Section 37-GO-
121(?.5).
:\ttachntcnt
I~lr::.i t'n?tr~lior. • :vauv t :>jeit l~lannir,K and T'inarcins; • ~t.eatn and Lake Pr~~tection
\i~'.t;er Supply Pn~tectiun • C'onscrvatiott Planning