25 ‎(3)‎

• Board Meeting Date: 5/21/2008
• Description: WSP Section - Litigation Account Request - Kansas v. Colorado - Continued Irrigation Studies
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
www. cwcb. state. co.us
T0: Colorado Water Conservation Board
FROM: Steve Miller, Water Supply Protection Section
DATE: May 12, 2008
RE: Agenda Item 25 May 20-21, 2008 Board Meeting
Water Supply Protection Section -Litigation Account Request -
Kansas v. Colorado -Continued Irrigation Studies
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Bill Ritter, Jr.
Governor
Harris D. Sherman
DNR Executive Director
Jennifer L. Gimbel
CWCB Director
Dan McAuliffe
CWCB Deputy Director
Introduction:
This item is to seek the Board's approval of a request from Attorney General Suthers to use $150,000
from the Board's Litigation Fund to finance an additional year of irrigation study in the lower Arkansas
Basin by Colorado State University and preparation of a concluding report by the Colorado Water
Institute ("CWI") (formerly Colorado Water Resources Research Institute "CWRRI"). The Attorney
General request is contained in his attached letter dated May 8, 2008.
Discussion:
The Board, using its Litigation Fund, has made a significant investment in studies of irrigation water use
in the Arkansas basin to refine determination of our obligations under the Arkansas River Compact and
the decree in the current Kansas v Colorado litigation. Activities funded to date include: improvement of
the CoAgMet weather station network, 3 prior years of irrigation study, preparation of expert witness
reports on modeling issues, and installation and operation of two weighing lysimeters at the CSU
Experiment Station in Rocky Ford. To date the Board has authorized $1,140,000 for these proj ects. The
additional funds sought in this request will be used to collect additional irrigation data during the period
July 1, 2008 -October 2008 in what is anticipated to be an average to above average water supply year.
In addition, this year's data effort will provide data specific to improved irrigation efficiency practices,
which have become the focus of the SEO's proposed surface water consumption rules. The Div. of Water
Resources is providing additional funding for two months of data collection in May and June of 2008.
Finally, a comprehensive report displaying and analyzing all data collected since 2004 and drawing
conclusions as to the appropriate irrigation parameters to use in future modeling efforts will be prepared.
This work will be useful both in adjusting groundwater use augmentation requirements as determined
with the HI Model and to formulate new surface water use rules to meet Stateline flow obligations. A
$150,000 budget for this work has been developed in consultation with the CWI and CSU. If the Board
authorizes this funding request that preliminary proposal and budget will be used by staff from the
CWCB and Attorney General's office to negotiate the final contracts.
Recommendation:
Staff recommends that pursuant to the Attorney General request contained in his letter dated May 8, 2008,
the Board approve the expenditure of up to $150,000 from the Litigation Fund, an account within the
Board's Construction Fund, to fund an additional year of data collection and preparation of a
comprehensive concluding report summarizing and analyzing all irrigation study data collected.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development