LEG00180

• Bill Number: SB05-226
• Year: 2005
• Title: Concerning the payment of moneys to the state of Kansas as required pursuant to the Kansas v. Colorado litigation regarding the depletion of water from the Arkansas River, and making an appropriation
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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MONEYS IN THE FUND SHALL BE CREDITED TOTHE FUND. THE MONEYS IN THE
FUND ARE HEREBY CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT OF
LAW FOR THE PURPOSE OF PAYING THE PLAINTIFF'S LEGAL COSTS AS ORDERED
PURSUANT TO KANSAS V. COLORADO, 125 S. CT. 526, 160 L. ED. 2d 418
(2004). THE DEPARTMENT IS AUTHORIZED TO EXPEND UP TO FOUR MILLION
DOLLARS FROM THE FUND FOR SUCH PURPOSE; EXCEPT THAT THE
DEPARTMENT SHALL NOT MAKE ANY EXPENDITURES FROM THE FUND UNTIL
THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY PROVIDES
WRITTEN APPROVAL TO THE STATE CONTROLLER OF THE AMOUNT OF THE
PLAINTIFF'S LEGAL COSTS FOR WHICH THE STATE IS LIABLE PURSUANT TO
KANSAS V. COLORADO. THE STATE TREASURER SHALL TRANSFER ANY
MONEYS REMAINING IN THE FUND ON JUNE 30, 2007, TO THE OPERATIONAL
ACCOUNT OF THE SEVERANCE TAX TRUST FUND CREATED IN SECTION
39-29-109 (1) (a) (II), C.R.S.

. 24-31-503. Repeal of part. THIS PART 5 IS REPEALED, EFFECTIVE
JULY 1, 2007.

SECTION 2. 39-29-109, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:

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39-29-109. Severance tax trust fund - created - administration-
use of moneys - repeal. (6) ( a) N OTW1THST ANDING ANY PROVISION IN THIS
SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS SOON AS
PRACTICABLE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (6),
THE STATE TREASURER SHALL DEDUCT FIYrEEN MILLION FIVE HUNDRED
THOUSAND DOLLARS FROM THE PERPETUAL BASE ACCOUNT OF THE
SEVERANCE TAX TRUST FUND CREATED IN SUBPARAGRAPH (I) OF PARAGRAPH
(a) OF SUBSECTION (1) OF THIS SECTION AND TRANSFER SUCH SUM TO THE
KANSAS V. COLORADO PLAINTIFF'S DAMAGES PAYMENT FUND CREATED IN
SECTION 24-31-502 (1), c.R.S., TO BE USED FOR THE PURPOSES SPECIFIED IN
SUCH SECTION.

(b) NOTWITHSTANDING ANY PROVISION IN THIS SECTION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, AS SOON AS PRACTICABLE ON
OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (6), THE STATE
TREASURER SHALL DEDUCT FIFTEEN MILLION FIVE HUNDRED THOUSAND
DOLLARS FROM THE OPERATIONAL ACCOUNT OF THE SEVERANCE TAX TRUST
FUND CREATED IN SUBPARAGRAPH (II) OF PARAGRAPH (a) OF SUBSECTION (I)
OF THIS SECTION AND TRANSFER SUCH SUM TO THE KANSAS V. COLORADO
PLA1NTIFF'S DAMAGES PAYMENT FUND CREATED IN SECTION 24-31-502 (1);

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