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<br /> <br />. <br /> <br />. <br /> <br /> <br />Amendments to Litigation Fund Statute <br /> <br />37-60-121 (2.5) Colorado Revised Statutes, is amended to read: <br /> <br />(2,5) (a) The board is authorized to expend, pursuant to continuous appropriation and <br />subject to the requirements of paragraph (b) ofthis subsectiou (2.5), a total sum not to exceed <br />four million dollars from the litigation fund, which is hereby created, for the purpose of <br />litigation, LITIGATION SUPPORT, AND ACTIVITIES ASSOCIATED WITH FEDERAL OR <br />STATE REGULATORY PROCESSES, INCLUDING OPERATING COSTS, THE <br />RETENTION OF EXPERTS AND OTHER REASONABLE EXPENDITURES IN <br />ACCORDANCE WITH THIS SECTION: <br />(1) In support of water users whose water supply yield is or may be diminished or the cost <br />of said 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; or <br />(ll) 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 />(III) TO ENSURE THE MAXIMUM BENFICIAL USE OF WATER FOR PRESENT <br />AND FUTURE GENERATIONS, TO ADDRESS QUESTIONS OF LAW AND THE IMP ACT <br />OF REGULATIONS AND TO AVOID OR REDUCE LITIGATION WHERE THE BOARD, IN <br />ITS DISCRETION, DETERMINES IT IS IN THE BEST INTEREST OF THE STATE AND <br />WATER USERS, <br />(13) Pursuant to the spending authority set f-ortn in paragraph (a) oftrus subsection (2,5), <br />moneys may be 6llpene.ee. from the litigation fund at the discretion of the board if: <br />(I) The Colorildo attorney general requests that the bOMe autherize the exponditure of <br />moneys in a specified amelffit not to exceed foW" million dollars for the costs oflitigation <br />associated '.v\th an on going lawsuit and: <br />(:\.) The chara0teristics ofthelawsliit meet the criteria set forth in paragraph (a) efthis <br />sullseotioB. (2,5) and presonts a question of law '....hicl1. is of a general statewide interest the <br />resollitioR ofwhicfl may prevont further litigation; and <br />(B) The beare., in its own discretion, determines that it would be in the best iRterest of <br />the state and the water users in the state to intervene; and <br />(ll) The appropriatioas to the department of law are iaadequate for the attorney goneral to <br />compIote litigatieH of the lawsuit. <br />(c) Any interest earned on the moneys in the litigation fund shall be credited on an annual <br />basis to the FUND, Colorado 'Nater consen'lltion beard oonstruotion fund created in subsection <br />(1) ofthis section, <br />(d) The board, in conjunction with the attorney general, shall report annually to the <br />general assembly on any litigation which invol...es the use of any moneys from the litigation fund <br />created in paragraph (a) of this subsection (2,5) FOR THE PURPOSES ESTABLISHED BY <br />THIS SECTION, <br />(e) Any moneys remaining in the litigation fund at such time as the general assembly acts <br />to close the fund shall be credited to the Colorado water conservation board construction fund <br />created in subsection (1) of this section, <br /> <br />. <br /> <br />3 <br /> <br /> <br />.- <br />