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<br /> <br />. <br /> <br />. <br /> <br /> <br />Amendments to Litigation Fund Statute <br /> <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) of this subsection (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 ACTNITIES 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 />(I) 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 />pennits for existing or reconstructed water facilities located on federally owned lands; or <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 />(ill) TO ENSURE THE MAXIMUM BENFICIAL USE OF WATER FOR PRESENT <br />AND FUTURE GENERATIONS, TO ADDRESS QUESTIONS OF LAW AND THE IMPACT <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 />(b) Parsuant to the spending authority set f-orth in pamgraf1h (a) ofthis subsection (2,5), <br />moneys may be ellf1ended from the litigation fund at the discretion of the board if; <br />(I) The Colorado attorney general requests that the board authorize the expenditure of <br />moneys in a specified amount not t-o exceed four million dollars for the oosts of litigation <br />assoeiated with an on going lawsuit and: <br />(A) The characteristies oftha lawsuit meet the criteria set forth in paragraph (a) of this <br />subsection (2,5) and prosents a question oflaw whieh is of a goneral state>.yjde interest tho <br />resolution of wmch may prevent fur..her litigation; and <br />(B) The board, in its own discretion, determines that it would be in the beat interest of <br />the state and the water users in the state to intervene; and <br />(II) The appropriations to the department oflaw are inadequate for the attorney general to <br />complete litigation of the la'"",suit. <br />(0) Any interest earned on the moneys in the litigation fund shall be credited on an annual <br />basis to the FUND, Colorado water conservation board construction fund created in subsoction <br />(1) ofthis seetion, <br />(d) The board, in oonjunction with the attorney general, shall report annually to the <br />general assembly on any litigation whieh involves 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 />3 <br /> <br />