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BOARD01673
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Last modified
8/16/2009 3:05:15 PM
Creation date
10/4/2006 7:00:25 AM
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Board Meetings
Board Meeting Date
3/21/2006
Description
WSP Section - 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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<br />Page 2 <br /> <br />Our Colorado River representatives can best serve the State's interests if they can get <br />timely, thorough answers to legal questions. ClIlTent staffing makes that impossible. In the . <br />interest of supporting Colorado's negotiators and minimizing costs, the Department of Law <br />believes it makes sense to continue our basic legal preparations. Funding this request will insure <br />that Colorado is prepared for intensive interstate negotiations in the next six months and is not <br />forced into an expensive and rushed response if interstate litigation is tiled within the next year. <br /> <br />Thus, I am requesting the expenditure of $958,880 for FY 07 to fund the following activities: <br /> <br />. Creation of a new line in the Natural Resources and Environment Section of the Department <br />of Law called Defense of the Colorado River Compact. <br /> <br />. The Department of Law is requesting four positions: One senior level Assistant Attorney <br />General to serve as project coordinator. Two junior Assistant Attorney Generals and a Legal <br />Assistant to research and draft memoranda and rules, as well as collect, code and image <br />relevant documents. The cost of the four FTE listed above including PERA and Medicare <br />will be $95,262 in FY06 annualizing to $288,379 in FY07. <br /> <br />. The Operating and Litigation costs for FY06 are estimated to be $57,000. This includes <br />travel, imaging, and other related litigation expense annualizing to $670,500 in FY07. <br /> <br />. The Capital Outlay Expenses in FY06 will be $40,130 including cubicles, computers, phones <br />and case management software. There is no capital outlay expense in FY07. <br /> <br />. The total FY06 request is $192,392 and 1.3 FTE. For FY07 the request is $958,880 and 4.0 <br />FTE. The source of funds is the litigation fund in established in 37-60-121 (2.5) c.R.S. <br /> <br />. <br /> <br />These tasks are essential to preparing my office and the Board for future negotiations or <br />litigation to defend Colorado's rights to the Colorado River, now and in the future. I therefore <br />request and recommend that the CWCB authorize the expenditure of up to $958,880 from the <br />Litigation Fund to fund these activities through the end ofFY07 in addition to expenditures <br />authorized in FY06. I further recommend that the Board's authorization allow the CWCB <br />Director, in consultation with my staff and the State Engineer, to allocate funds between these <br />activities based on actual costs and litigation necessities. <br /> <br />Thank you for your consideration. <br /> <br />Sincerely, <br /> <br /> <br />,.~ <br />~~ <br /> <br />o N W. SUTHERS <br />lorado Attomey General <br /> <br />. <br />
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