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<br />-4- <br /> <br />Expands the purpose and use ofthe Litigation Fund. <br /> <br />37-60-121(2.5) Colorado Revised Statutes. is amended to read: <br /> <br />) (a) The board is authorized to expend, pursuant to continuous appropriation and subject to the <br />requirements of paragraph (b) ofthis subsection C,:;), a total sum not to exceed fORr lll.i11ioll. aallars <br />THE BALANCE OF THE FUND from the litigation fund, which is hereby created, for the purpose <br />of ENGAGING IN litigation OR PARTICIPATING IN ACTIVITIES ASSOCIATED WITH <br />FEDERAL OR STATE REGULATORY PROCESSES THAT MAY AFFECT THE WATER <br />INTERESTS OF THE STATE AND ITS WATER USERS. EXPENDITURES SHALL BE MADE <br />UNDER THIS SUBSECTION (2.5): <br /> <br />(I) In support of water users whose water supply yield is or may be diminished or the cost of said <br />yield is or may be materially increased as a result of conditions imposed or which may be <br />imposed, including but not limited to by-pass flows, by any agency of the United States on <br />permits for existing or reconstructed water facilities located on federally owned lands; er <br /> <br />(II) To oppose an application of a federal agency for an in-stream flow right that is not in <br />compliance with Colorado law for establishing in-stream flow rights,; <br /> <br />(III) TO DEFEND AND PROTECT COLORADO'S ALLOCATION OF W ATER IN <br />INTERSTATE STREAMS AND RIVERS; AND <br /> <br />(IV) TO ENSURE THE MAXIMUM BENEFICIAL USE OF WATER FOR PRESENT AND <br />FUTURE GENERATIONS BY ADDRESSING IMPORTANT OUESTIONS OF LAW OR <br />THE IMPACT OF REGULATIONS. <br /> <br />(b) Pursuant to the spending authority set forth in paragraph (a) ofthis subsection C'), moneys <br />may be expended from the litigation fund at the discretion of the board if: <br /> <br />(I) WITH RESPECT TO LITIGATION, =fihe Colorado attorney general requests that the board <br />authorize the expenditure of moneys in a specified amount not to exceed fOHf lll.i11i01l. a0llars <br />THE BALANCE OF THE FUND for the costs oflitigation associated with llfl 01l. going lawsuit <br />llfIffi ONE OR MORE SPECIFICALLY IDENTIFIED LAWSUITS MEETING THE CRITERIA <br />SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2.5); OR <br /> <br />(.'\) The eharaeteristies 0fthe lawsuit lll.eet the eriteria set rom in plffilgreph (a) of this sllilseetion <br />(2.6) llfIa preseflts a !jliestien of law "...hieh is of a general statewiae interest the res0hHiell. of <br />whieh lll.ay preveat further litigatien; lIHd <br /> <br />(B) The b0ara, ill. its 0wn disereti0n, aetermines that it W01ild be ill. the best interest afilie state <br />and the 'Nater asers ill. the state to intervene; and <br /> <br />(II) The !lj3pr'llpriations to the departlll.eat of law are ill.adeqliate for the attorney general to <br />eomplete litigatioll. of the lawsuit. WITH RESPECT TO NON-LITIGATION ACTIVITIES. <br />THE BOARD AND THE ATTORNEY GENERAL DETERMINE THAT IT WOULD BE IN <br />THE BEST INTEREST OF THE STATE AND THE WATER USERS IN THE STATE TO <br />PARTICIPATE. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />