22 ‎(3)‎

• Board Meeting Date: 1/23/2008
• Description: Attorney General's Report, Legal Briefting and Executive Session
• Board Meetings - Doc Type: Memo

Page 5
• ~~ppcr Colorado Ri~•er Corz~znission Finding ~zzthority
FOR Surplus Strategy; and
6fl?{a~ Storage
Second, the Subunit actin e1y develops and organizes arr electronically searchable database of
tie State's Colorado River documents. This database is coded arzd organized so as to assist
tl~€; State with respect to future Colorado River Compact litigation. Each document entered
into the database; is stored in ~°ord sear€;habl~: foz-zr~at and coded so as to rrzal~e the docurrzont
searchable b~° such "objective" iz~forrnatinrz as date, titl€;, author, recipient, organization, ape
of do€;un~~zzt, and ether sirriilar information. Finally, every €iocun~ent entered into the
database is reviewed by a member of the Subunit and then coded so as to make tl~e document
searchable pursuant to orze of four "subjective" outlines. This "subjective" coding thus
makes the docurrrent searchable by the issues addressed, the geographic Iocatioz~, the
provisions w7itl~in the Law of the River to which tkze document is relevant, and by the type; of
authority represented by the document.
The Subunit is in the process of subjectively coding the documents scanned into the
C©loraclo River Database system. Were Colorado to become involved in arty Colorado River
Carrapact litigation, use of the database will dramatically reduce litigation preparation time.
In addition, the database has already proven useful with respect to Colorado River
negotiations and research. Docuzxzez~ts irz the database wire relied upon in responding to
issues that arose during the Basin. States negotiations. 1"he Subunit. will continue to utilize
the database in its research regarding compact curtailzxzent rzilemaking, negotiations with
Mexico, and interpretation of the Lawn of the River.
Third, the Subunit is working w=ith the Colorado Water Conservation Board, the Upper
Division States, and the ,staff at the Upper Colorado River Comn3ission to develop and
organize an electronically searchable database of the Commission's Colorado River
docurnezrts. This has entailed developing a Memorandum of agreement among the Upper
Division States to finance anti authorize the "UCRC Imaging Project," preparing the Scope
of Wark for implementation. and coz~pletion of the project, and drafting the contract with the
contractor authorized to image the doeunaents czarrerztly in the Commission's library.
~2. Civil Lttiaatic~~a re ardin the Cblaratlc~ .River
~'he Colorado River Subunit represents the state t>f Colorado with respect to civil litigation
regarding tl~e Colorado River that implicates issues irrzportant to the State, Rece:rzt exarz~ples
of such htigati€~n include Cansejc~~ de IJe.sarral~c~ ~c•on~rnico cle ~'1!t`exieali ("CL)~~~") ~~.
~'c~~~~~s appeal mos. 06-163, 13~-1618, ti6--1666 ~~.en Cir. ~'ftQ~`~ and. Cent~~,f~~
~3i~1o~,~ic~czll~iv€~.~i~~• r~. $ur~edu ~f Reclc~r~ae~t~inn, Casa i'~1€~. 3e(I6~C~'-(~94 ~D. Ariz. ~C~(l).
The Colorado River Subunit anticipates representing the state of Colorado in Grc~na' Cc~nyc~s~
?'n~~•t v. C.S. ~a¢~~czu of'lieclcrrr~~tion, Case I~io. C~ 117..8164-PCT-DGC, e~-zvironental