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14 Attorney General Report
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14 Attorney General Report
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Last modified
8/16/2009 2:35:20 PM
Creation date
11/13/2008 12:00:52 PM
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Board Meetings
Board Meeting Date
11/18/2008
Description
Attorney General's Report and Legal Briefing
Board Meetings - Doc Type
Memo
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Page 6 <br />Division States to finance and authorize the "UCRC Imaging Project," preparing the Scope <br />of Work for implementation and completion of the Project, and drafting the contract with the <br />contractor authorized to image the documents currently in the Commission's library. The <br />Subunit will continue to coordinate with Upper Division States and Commission's staff to <br />assure the useful progress on this Project. <br />13. Assistance with Colorado River Administration <br />In addition to providing the State of Colorado with legal counsel regarding interstate issues <br />related to the Colorado River and the Colorado River Compact, the Colorado River Subunit has <br />been tasked with providing the State Engineer legal counsel with respect to intrastate <br />administration of water rights. Specifically, the Colorado River Subunit has been asked to assist <br />the State Engineer to address legal questions that may arise if the he is forced to curtail Colorado <br />water users in order to make water available to satisfy the State's Colorado River Compact <br />obligations. <br />14. Compact Curtailment Rulemakin Research <br />The Subunit is in the process of developing and analyzing a host of legal issues that pertain to <br />compact curtailment. Issues already addressed include: <br />• The State Engineer's legal authority to administer compact curtailment through <br />promulgation of rules. <br />• The legal process that such compact curtailment rulemaking must follow. <br />• The general requirements of Colorado law on compact curtailment rules. <br />The multitude of legal issues still to be addressed fall generally under the following topics for <br />analyses: the parameters and constraints imposed by the Law of the River on a compact <br />curtailment, possible legal claims and defenses to a compact "call" or other litigation trigger from <br />Lower Division States, possible curtailment methods, and curtailment timing. <br />15. General Education and the Interbasin Compact Committee Process <br />The Subunit has made itself available for multiple presentations in public forums where <br />education regarding the law of the Colorado River is pertinent. In addition, the Subunit has <br />participated in the Interbasin Compact Committee process in an effort to educate IBCC and <br />Interbasin Roundtable participants on pertinent aspects of the Law of the River and the State's <br />legal efforts. <br />
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