BOARD00992

• Board Meeting Date: 1/22/2003
• Description: State and Federal Legislative Issues
• Board Meetings - Doc Type: Memo

1 be diminished or the cost of said yield is or may be materially increased
2 as a result of conditions imposed orvvhich THAT may be imposed,
3 including but not limited to by-pass flows, by any agency of the United
4 States on pennits for existing or reconstructed water facilities located on
5 federally owned lands; or
6 (II) To oppose an application ora federal agency for an instream
7 flow right that is not in compliance with Colorado law for establishing
8 instream flow rights;
9 (ill) To DEFEND AND PROTECT COLORADO'S ALLOCATIONS OF
10 WATER IN INTERSTATE STREAMS AND RIVERS; AND
11 (IV) TO ENSURE THE MAXIMUM,BENEFICIAL USE, OF WATER FOR
12 PRESENT AND FUTURE GENERATIONS BY ADDRESSING IMPORTANT
13 QUESTIONS OF FEDERAL LAW OR THE IMPACT OF FEDERAL REGULATIONS.
14 (b) Pursuant to the spending authority set forth in paragraph (a)
15 of this subsection (2.5), moneys may be expended from the litigation fund
16 at the discretion of the board if:
17 (I) WITH RESPECT TO LITIGATION, the Colorado attorney general
18 requests that the board authorize the expenditure of moneys in a specified
19 amount not to exceed rom million dollat s THE BALANCE OF THE FUND fOr
20 the costs of litigation associated with an on-son.g la w snit and. ONE OR
21 MORE SPECIFICALLY IDENTIFIED LAWSUITS MEETING THE CRITERIA SET
22 FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2.5);
23 (A) Tl~ chmactcIistics o{th" lav, suit me.e.t the. e.ritcIia sct forth in
24 paHI:~aph (a) of this sabse.etior. (2.5)m,d ple.sents a qtH:.stion of law
25 wl.ie.h is of a genera! state.l'iidc nitcre.st the. Iesohrtion of which may
26 pIe vent further litigation, and
27 (D) The bomd, in its OWll discIetion, dctcuuine.s that it ~oaid be.

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SB03-1l0