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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37-60-121. Colorado water conservation board construction fund - creation of - nature of fund -
funds for investigations - contributions - use for augmenting the general fund - funds created.

2.5) (a) The board is authorized to expend, pursuant to continuous appropriation and subject to the
requirements of paragraph (b) ofthis subsection (2.5), a total sum not to exceed the balance of the
litigation fund, which is hereby created, for the purpose 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 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;

(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

(N) To ensure the maximum beneficial use of water for present and future generations by addressing
important questions of federal law,

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(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 board if:

(1) 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 ofthe fund for the costs of
litigation associated with one or more specifically identified lawsuits meeting the criteria set forth in
paragraph (a) ofthis subsection (2,5);

(II) (Deleted by amendment, L. 2003, p, 1769, S 19, effective May 19, 2003,)

(c) Any interest earned on the moneys in the litigation fund shall be credited on an annual basis to the
litigation fund created in paragraph (a) of this subsection (2,5),

(d) The board, in conjunction with the attorney general, shall report annually to the senate agriculture,
natural resources, and energy committee and the house ofrepresentatives 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),

(e) Any moneys remaining in the litigation fund at such time as the general assembly acts to close the
fund shall be credited to the Colorado water conservation board construction fund created in subsection
(1) of this section,

(1) (Deleted by amendment, L. 2001, p, 690, S 27, effective May 30, 2001.)

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