19a ‎(2)‎

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

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Strcct, Room 721
Ucnver, (~olorado 80203
I'honr. (303) 86G-3441 ®~
fax: (303) 8G6-4474
www.cwcbstate.co.us
TO: Senate Agriculture, Natural Resources, and
Energy Committee and House of Representatives
Agriculture, Livestock, and Natural Resources Committee
FROM
DATE
SUBJECT
CWCB in conjunction with the Office of the Attorney General
January 23, 2008
I3ill Kittcr, Jr.
Governor
I larris D. Shcrrnan
UNIt I:xcculive Director
Jennifer L. Gimbel
C'WC'13 Director
Uan McAuliffe
CV4'CI3 Deputy Director
Annual Report on any litigation that involved the use of
moneys from the litigation fund created pursuant to Sec. 37-60-121(2.5).
Background
Section 37-(i0-121(2.5) provides that the Colorado Water Conservation Board is authorised "to
expend, pursuant to continuous appropriation and subject to the requirements of paragraph (b) of
this subsection (2.5), a total sum not to exceed the balance of the litigation fund, which is created,
for the purpose of engaging in litigation...to defend and protect Colorado's allocations of water in
interstate streams and rivers..." Paragraph (b) of section 121(2.5) provides: "pursuant to the
spending authority set forth in paragraph (a) of this subsection (2.5), moneys may be expended
from the litigation fiord at the discretion of the board if (I) with respect to litigation, the Colorado
atton~ey general requests that the board authorize the expenditure of moneys in a specified amount
not to exceed the balance of the fund for the costs of litigation associated with one or more
specifically identified lawsuits meeting the criteria set forth in paragraph (a) of this subsection
(2.5)." In addition, section 121(2.5) states: "the Board, in conjunction with the attorney general,
shall rcpol-t amlually to the senate agriculture, natural resources, and energy committee and the
house of representatives agriculture, livestock, and natural resources committee on any litigation
that involves the use of any moneys from the litigation fund created in paragraph (a) of this
subsection (2.5)." This report serves as this year's annual report.
Status of the Litigation Fund
At the beginning of this year, the fund had approximately $3.575 million, of which $1.573 million
has been authorized to be spent by a letter from the Attorney General and an action taken by the
Colorado Water Conservation Board. Within the last calendar year, the Board authorized the
expenditure of: 1) $40,000 for expenses associated with the Kansas v. Colorado litigation; 2)
$615,452 for expenses associated wish the defense of the Colorado River work; and 3) $240,000 for
expenses associated with potential litigation with Nebraska and Kansas involving the Republican
River Compact. Thus, the fund currently has $2.041 million that remains. Copies of the letters from
the Attorney General req>_[esting authorization to spend money from the litigation fund, the Staff
memos regarding the same, and Board minutes from the meetings where the Board acted, which
were acted on within the last calendar year, are attached.
~Vatrr Supply Protection • Watershed Protection & Flood Mitigation • stream & Lake Protection • ~i'ater Supply Planning & Finance
W'atcr Conscroation & Drought Planning • Intrastate Water >vlanagement & Dc~~elopment