Annual Litigation Fund Report 2010

• Description: Annual Report on any litigation that involved the use of moneys from the litigation fund created pursuant to Sec. 37-60-121‎(2.5)‎ - 2010
• State: CO
• Basin: Statewide
• Date: 9/28/2010
• Author: CWCB Staff, Office of the Attorney General
• Title: Annual Litigation Fund Report 2010
• Water Supply Pro - Doc Type: Report/Study

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
TO: Senate Agriculture, Natural Resources, and Bill Ritter, Jr.
Governor
Energy Committee and House of Representatives
Agriculture, Livestock, and Natural Resources Committee Mike King
DNR Executive Director
FROM: CWCB in consultation With the Office of the Attorne Gl Jennifer L. Gimbel
3' eneraCWCB Director
DATE: September 28, 2010
SUBJECT: Annual Report on any litigation that involved the use of moneys from the
litigation fund created pursuant to Sec. 37 -60- 121(2.5).
Background
Section 37 -60- 121(2.5) provides that the Colorado Water Conservation Board is authorized "to
expend, pursuant to continuous appropriation and subject to the requirements of paragraph (b) of
this subsection (2.5), a total sum not to exceed the balance of the litigation fund, which is created,
for the purpose of engaging in litigation ... to defend and protect Colorado's allocations of water in
interstate streams and rivers..." Paragraph (b) of section 121(2.5) provides: "pursuant to the
spending authority set forth in paragraph (a) of this subsection (2.5), moneys may be expended
from the litigation fund at the discretion of the board if. (I) with respect to litigation, the Colorado
attorney general requests that the board authorize the expenditure of moneys in a specified amount
not to exceed the balance of the fund for the costs of litigation associated with one or more
specifically identified lawsuits meeting the criteria set forth in paragraph (a) of this subsection
(2.5)." In addition, section 121(2.5) states: "the Board, in conjunction with the attorney general,
shall report annually to the senate agriculture, natural resources, and energy committee and the
house of representatives agriculture, livestock, and natural resources committee on any litigation
that involves the use of any moneys from the litigation fund created in paragraph (a) of this
subsection (2.5)." This report serves as this year's annual report.
Status of the Litigation Fund
At the beginning of this year, the fund had approximately $1,45 million, of which $375,000 has
been authorized to be spent by letters from the Attorney General and actions taken by the Colorado
Water Conservation Board. In last year's construction fund bill, the General Assembly transferred
monies in order to restore the unencumbered balance in the litigation fund to $4.0 million. Within
the last calendar year, the Board authorized the expenditure of. 1) $110,000 for expenses associated
with non - binding arbitration between Colorado, Nebraska, and Kansas to protect Colorado's
interests in the Republican River basin; and, 2) $265,000 for expenses associated with the Defense
of the Colorado River Unit work.
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