BOARD00311

• Board Meeting Date: 11/16/2004
• Description: WSP Section and AGO - Request to Obtain Authorization to Expend Funds from the Litigation Fund to Defend and Protect Colorado's Allocation of Water from the Colorado River
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado 1-Vater Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

To:

Colorado Water Conservation Board Members

From: Randy Seaholm and Ted Kowalski

Date: November 5, 2004

Bill Owens
Governor

Russell George
Executive Director

Rod Kuharich
cweB Director

Dan McAuliffe
Deputy Director

Re: Agenda No.5, November 16-17,2004 Board Meeting, Water Supply
Protection/Attorney General's Office - Request to obtain anthorization to expend funds from
the Litigation Fund to defend and protect Colorado's allocation of water from the Colorado
River.

Back2round

As you know, the unprecedented drought of the past five years in the Colorado River Basin has
drastically lowered storage levels in Lake Powell, As described in the attached request from the
Attorney General's Office, storage in Lake Powell protects Colorado and the other Upper Colorado
River Basin states from having to curtail water use to meet compact delivery requirements to the
Lower Colorado River Basin, If the current drought continues, it could exhaust Lake Powell
completely within the next few years. Although the seven Colorado River Basin States and the
federal government are currently discussing a variety of drought response measures, the State needs
to prepare for the likelihood that it may need to engage in litigation,

Section 37-60-121(2.5)(a), C,R,S, provides:

The board is authorized to expend, pursuant to continuous appropriation and subj ect to the
requirements of paragraph (b) of this subsection (2,5), a total sum not to exceed four million
dollars from the litigation fund, which is herby created, for the purpose of engaging in
litigation: ",(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,"

Section (b) of subsection (2,5) states:

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 ofthe board if: (1) With respect to

the litigation, the Colorado attorney general requests that the board authorize the expenditure

of moneys in a specified amount not to exceed the balance of the fund for the costs of

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. StreaIll and Lake Protection
Water Supply Protection. Conservation and Drought Planning