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<br /> <br />" <br /> <br /> <br />.JOIIN W. SlITIIEH.S <br />Attorney (ieneral <br /> <br />('\";\TlII.-\ H. COHi\L\:'i <br />Chief Deputy Attorney (ienerat <br /> <br />IhNIH D. DO'It:NICO <br />Solicitor General <br /> <br />ST ATE OF COLORADO <br />DEPARTMENT OF LA '\V <br /> <br />State Services Building <br /> <br />1525 Sherman Street - 5th Floor <br />Demer. Colorado g0203 <br />Phone (303) 866-4500 <br /> <br />OHWF: OF Tilt: ATTORNEY GF:NER.\L <br /> <br />TO: <br /> <br />Scott Balcomb, Colorado Commissioner, Upper Colorado River Commission <br />Rod Kuharich, Director, Colorado Water Conservation Board <br /> <br />FROM: <br /> <br />Beth Van Vurst, Assistant Attorney General, Federal & Interstate Water Unit <br />.lames Eklund, Assistant Attorney General, Federal & Interstate Water Unit <br /> <br />RE: <br /> <br />('WCB Request for Signature Authority Research <br /> <br />Commissioner Scott Balcomb requested that the Colorado River subunit prepare an informal <br />mcmorandum reviewing the Governor of the State of Colorado's authority. and the Governor"s <br />power to delegate that authority, to negotiate and sign the Seven Basin States Agreement <br />("Agreemcnt'"). The following is the requested memorandum. <br /> <br />The opinions expressed in this memorandum are that of the authors and not of the Attorney <br />General. <br /> <br />I. QUESTIONS PRESENTED. <br /> <br /> <br />A. Does the Governor possess the authority to negotiate and sign, on hehalf of t!he state of <br />Colorado, the Seven Basin States Agreement'? <br /> <br />B. Assuming the Governor possesses said authority, does the Governor have the power to <br />delegate that authority'? <br /> <br />C. Assuming the Governor possesses hoth the authority and the power to delegate that <br />authority, has the Governor properly delegated that authority to Commissioner <br />Balcomh in this instance'? <br /> <br />II. SHORT ANSWER. <br /> <br />A. The Governor arguably does have the authOlity to negotiate and sign the Seven Basin States <br />Agreement. Section 24-1-109, eR.S. (2005) provides the Governor with authority to <br />administer interstate compacts. Here, the Seven Basin States Agreement reasonably can be <br />viewed as an exercise of the Governor's authority to administer the Colorado River Compact <br />and Upper Colorado River Compact. The purpose and substance of the Seven Basin States <br />