BOARD00126

• Board Meeting Date: 3/16/2004
• Description: WSP Section - Request for Expenditure from Litigation Fund for Kansas v. Colorado Costs
• Board Meetings - Doc Type: Memo

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The necessity of these four activities, and the relationship to the Kansas v, Colorado case is explained in the State
Engineer's attachment. Basically, these items all relate to more accurate determinations of crop consumptive use .
caiculated by the Penman Montieth Method, with the resuitant consumptive use becoming an input into the HI
Model which is used to determine the impacts of Colorado water use on Stateline flows and compliance with the
Arkansas River Compact. As the State Engineer's project description explains Colorado is at a serious
disadvantage in being required to use the Penman Montieth Method without adequate local data, The activities
proposed to be funded will rectify that situation, and provide scientifically validated quantitative data to be used in
future determinations of Stateline delivery obligations,

Recommendation

Staff recommends that the Board authorize an expenditure of up to $750,000 from the litigation fund based on the
Attorney General's request that these funds will be used to defend and protect Colorado's allocations of water in
interstate streams and rivers, These funds are to be used for the four activities outlined in the AG's letter and
detailed in the supporting information provided by the State Engineer, with discretion given to the Board's director
to determine the actuai funds to be provided for each of the activities,^The Board directs staff to monitor expenses
via the biannual reports that are to be provided to the CWCB by the AG and State Engineer on the use of these
funds and the progress on the various studies, The AG will also assist the CWCB in making the necessary
reports to the General Assembly pursuant to Section 37-60-121(2,5) d,

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