LEG00020

• Bill Number: SB03-110
• Year: 2003
• Title: Concerning the Funding of CWCB Projects and Making Appropriations in Connection Therewith
• Legislation - Doc Type: Construction Fund Bill

e

I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27

e

e

appropriation and subject to the requirements of paragraph (b) of this

subsection (2.5), a total sum not to exceed fOUl lItillivll d{}1I1115 THE

BALANCE OF from the litigation fund, which is hereby created, for the

Duroose of ENGAGING IN litigation:

(1) In support of water users whose water supply yield is or may

be diminished or the cost of said yield is or may be materially increased

as a result of conditions imposed or whi:eh THAT may be imposed,

including but not limited to by-pass flows, by any agency of the United

States on permits for existing or reconstructed water facilities located on

federally owned lands; or

(II) To oppose an application of a federal agency for an instream

flow right that is not in compliance with Colorado law for establishing

instream flow rights;

(III) To DEFEND AND PROTECT COLORADO'S ALLOCATIONS OF

WATER IN INTERSTATE STREAMS AND RIVERS; AND

(IV) To ENSURE THE MAXIMUM BENEFICIAL USE OF WATER FOR

PRESENT AND FUTURE GENERATIONS BY ADDRESSING IMPORTANT

QUESTIONS OF FEDERAL LAW.

(b) 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 hoard if:

(I) WITH RESPECT TO LITIGATION, the Colorado attoroey general

requests that the board authorize the expenditure of moneys in a specified

amount not to exceed fOul m:illioJl dollali, THE BALANCE OF THE FUND for

the costs of litigation associated with all 611-g6iJli\ I"" snit and. ONE OR

MORE SPECIFICALLY IDENTIFIED LAWSUITS MEETING THE CRITERIA SET

FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2.5);

-13-

110