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the litigation, the Colorado attorney general requests that the board authorize the expenditure <br />of moneys in a specified amount not to exceed the balance of the fund for the costs of <br />litigation associated with one or more specifically identified lawsuits meeting the criteria set <br />forth in paragraph (a) of this subsection (2.5). <br />The original authorization for the Republican River litigation was $240,000. These funds were <br />allocated towards the arbitrator's costs, modeling expenses, and travel and operating costs for the <br />Attorney General's Office. <br />Attached hereto is an addition request for $110,000 from the litigWon account to assist with the <br />non-binding arbritation work. A more detailed description of the work that will be <br />accomplished, and the resources needed to accomplish this work, is attached to the letter from <br />the Office of the Attorney General. <br />Currently, the litigation fiord has approximately $1.45 million of restricted funds available for <br />litigation costs that comport with the statutory language cited above. If this $110,000 <br />expenditure is approved, the litigation fund will be reduced to approximately $135 million, but <br />this year's construction fund requests to the General Assembly will seek to restore some of the <br />fluid balance. <br />Staff Recommendation <br />The request from the Office of the Attorney General falls within the scope of Section 37 -60- <br />121(2.5), C.R.S. Thus, the staff recommends that the Board. <br />1) authorize the expenditure of additional moneys, not to exceed $114,000 for the costs of <br />litigation associated with the d `#ruse and protection of Colorado's allocafon of war in <br />the Republican River basin; <br />2) direct the CWCB Director and Staff to authorize and manage the expenditure of these <br />funds in a manner consistent with this approval and the request by the Office of the <br />Attorney General; <br />3) direct the Office of the Attorney General to consult with the CWCB Director and Staff <br />regularly with regard to the expenditures of the funds; and, <br />4) direct the CWCB Director, CWCB Staff, and Office of the Attorney General to <br />provide the annual report to the General Assembly required and specifically provided for <br />in Section 37-60 - 121(2.5). <br />Attachment <br />