19b

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

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
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TO: Colorado ~4'ater Cotlsen align Board
FROi\I: Stc~ e Jliller, l~'ater Supply Protection Section
DATE: Januan' 14, 2008
RE: Agenda Item 19.b Januar}~ 22-23, 2008 Board Aleeting
\~I'ater Suppl} Protection Section -
C1~'CB Litigation :\ccount -Lysimeter Studies
Bill Itittc~t'. Ir.
(io~~ernur
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.I~viifer L. (3imlx:l
C.R'C7B Uirmtua
Uan \lc:wlifre
CSVCB Ihputy 6u~ector
Intlroduction:
This item is to seek the Board's appro~ al of a request frmn attorney General Bothers to use $300.000
from the Boards Litigation Fund to finance a three year study of alfalfa crop consumpti~ a use, to be
conducted by the Colorado \~'ater Resources Research Instinnc ("C~~'RRt'), utilizing the two lysimeters
installed at the Roeky Forcl Experiment Station \\-ith prey iglu e~penclitures from that fund The Attorney
C,caleral request is eontainecl in his ati<~checl letter clatecl Januan 11, 2008.
Discussion:
As set out in Attorney General Suthels' letter the Board, using its Litigation Funcl, has mask a significant
in~~estment in the installation of t~\~o weighing lysimeters at the CSU Experiment Station in Rocky Ford
so researchers could conduct crop irrigation \~~ater constmtpfi~-e tlse studies to aid in the Kansas \~
Colorado litigation. Based oti s4~tements made in 200a and 2007 the Board's expectation \vas that
operation of these lysimeters for the necessary stttclies \4•ould be fimclecl by some other entity. Those
sources hay e not bc;en found, but the studies are still essential to an accurate cletcrtnination of Colorado
water user obligations to offset post-compact clepletiolls. In September 2007 the Board eoneurrecl in a
staff recommenc6~tion that an application from Colorado State L'ni~-ersit}• to use $50,000 of y~'SRA fiords
to operate the lysimeter for an aclclitirntal year clicl not contain sllffieient detail of certainty of result to
merit an a\\arcl of filncls. Subsequent to that decision staff has been \yorking \ti~ith CSL' and the C1y'RRI
to enhance that application anc1 in the course of these discussions it becalue apparent that a larger sum of
funds from a more flexible source \\~as needed to conduct the shldies ne~:ded to accurately dotorniine crop
consumpti~ a use coefficieltts. Due to Coloracb~s ongoing compliance obligations and the limited retained
jurisdiction of the L'S Supreme Court in this case use of the Litigation Funcl to complete the neeckcl
studies is appropriate. :1 $300,000 budget for three years of operation and publication of shuly results has
been clc~ eloped in consultation with the C~yRRI and the Expel'iment St~•ftion. If the Boarcl authorizes this
funding request that preliminary proposal and budget \\ill be >uecl to negotiate a final contract \~~ith
C\y'RRI \\hieh can be rep iewed \rith the Boarcl at a subsequent meeting.
Recommendation:
Staff reconmtcnds that the Boarcl appro~~e the expenditure of up to $300,000 from the Litigation Fund, an
account ~\ithin the Board's Consinlction Funcl to fund a tlvee year alfalfa crop cmisumpti~~e use study to
be eoncluetecl b\• the C~y'RRI pursuant to the Attorney General request eontainecl in his letter clatecl
Jamtan' 11. 2UU8.
\\'atrr tiupph' Ptntrction • \\'ata•shed Protection S Flood \litigation • 5h•ram S Lake Protection • \yatrr sunnt.~ Ptannil~ s Elnm~rr
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