19a ‎(2)‎

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

STATE OF ~OLORA.DO
Colorado 'Water Conservation Board
Department of Natural Resources
~ i 3 Shoran Street. R~km ?2 t
I)i'nv er, ('olorado 8U2Q:
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Bill Flitter. Jr.
Ciovernar
"1'O. Colorado Water Conservation Board Members
Hams D. Sherman
DAR Eixecutive Director
FRO:vf: Ted Kowalski, Program Manager
Rand Seaholm, Chief Dan ;McAuliffe
y Acting CWCB Dinxtor
~~,'ater Supply Protection Section
DATE: Noti•c,mber ~, 2007
SliBJEC'I': Agenda item 23, November 14-15, 2007 Board Meeting
`m'ater Supply Protection -Request for Expenditure for
Republican River Compact Litigation
Background
As you know, the multi-year drought and increasing interstate and intrastate demands on the
Republican River have dramatically affected imgation within the basin. As described in file
attached request from the Attorney General's Office, we anticipate that Kansas may file a
complaint after the ftrst of the year, alleging that Colorado and Nebraska have consumed mare
water than the Republican River Compact allows.
Section 37-60-121;2.~)(a), C.R.S. provides:
The board is authorized to expend, pursuant to continuous appropriation and subject to the
req~~irernents ofparagraph (b) of this subsection (2.3), a total stem not to exceed four :pillion
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
attd rivers; and (IV) To ensure the maximum beneficial use of water for present and future
generations by addressing important questions of federal law."
Section (h} of subsection (2.J) 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 one or more specifically identified lawsuits meeting the criteria set
forth in paragraph (a) of this subsection (2.~).
~i'ater Supply Protection • Flood Protection • Stream & r.aie Protection • water Supply Planning & Finance
~~'ater Conservation & Drought Planning • Entrastate 1Yater Management & De~ciopmcnt