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<br />-2 - <br /> <br />litigation associated with one or more specifically identified lawsuits meeting the criteria set <br />forth in paragraph (a) of this subsection (2,5), <br /> <br />. <br /> <br />Section (c) of subsection 2,5 provides: "Any interest earned on the moneys in the litigation fund <br />shall be credited on an annual basis to the litigation fund created in paragraph (a) of this subsection <br />(2,5), <br /> <br />The beginning fund balance was $3,000,000, To date, this Board has authorized only one other <br />expenditure from the litigation fund, In March 2003, the Board authorized the use of up to $750,000 <br />ofthe litigation fund, in connection with the Kansas v, Colorado litigation, to: 1) design, install, and <br />operate Iysimeters at the Colorado State University Agricultural Experiment Station at Rocky Ford; <br />2) enhance the CoAgMet Electronic Weather Station Network in the Lower Arkansas River Basin; <br />3) conduct field investigations to monitor irrigation water management: volume, timing and quality <br />of applied water and resultant crop yields in the Lower Arkansas River Basin; and 4) review the H-I <br />Model by potential expert witnesses after changes have been made by the State Engineer's Office. <br />Thus, the fund presently has $2, 250,000,00, plus interest. <br /> <br />Staff Recommendation <br /> <br />We believe the request from the Office of the Attorney General falls within the scope of Section 37- <br />60-121(2,5), C,R.S, <br /> <br />Thus, the staff recommends that the Board: <br /> <br />1) authorize the expenditure of moneys, not to exceed $250,000 for the costs associated with the <br />preparation for possible litigation and the defense and protection of Colorado's allocation of water in <br />the Colorado River; and <br /> <br />. <br /> <br />2) direct the CWCB Director and Staff to expend these funds in a manner consistent with the request <br />by the Office of the Attorney General; and, <br /> <br />3) direct the CWCB Director, CWCB Staff, and Office of the Attorney General to comply with the <br />annual reporting requirements as specifically provided for in Section 37-60-121(2.5). <br /> <br />Attachment <br /> <br />. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />