|
<br />
<br />
<br />.
<br />
<br />:1
<br />,t;:
<br />. "
<br />1....:'1
<br />':i,
<br />
<br />.j :'
<br />"'11
<br />.; ;~ ~ :~
<br />"
<br />
<br />.
<br />
<br />
<br />",t"
<br />-'L'
<br />
<br />.
<br />
<br />"
<br />
<br />t. :
<br />
<br />J'_.
<br />
<br />';c.....
<br />
<br />37-60-121
<br />
<br />Water and Irrigation
<br />
<br />806
<br />
<br />~
<br />
<br />repaid shall be accounted for within the purpose of making investigations for the develop-
<br />ment of the water resources of the state.
<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
<br />exceed four million dollars from the litigation account which is hereby created in the Col-
<br />orado water conservation board construction fund, for the purpose of litigation:
<br />(I) In support of water users whose water supply yield is or may be diminished or the
<br />cost of said yield is or may be materially increased as a result of conditions imposed or
<br />which may be imposed. including but not limited to by-pass flows, by any agency of the
<br />United States on permits for existing or reconstructed water facilities located on federally
<br />owned lands; or ." .
<br />(II) To oppose an application of a federal agency for an in-stream flow right that is not
<br />in compliance with Colorado law for establishing in-stream flow rights.
<br />(b) Pursuant to the spending authority set forth in paragraph (a) of this subsection
<br />(2.5), moneys may be expended from the litigation account in the Colorado water conser-
<br />vation board construction 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 to exceed four million dollars for the costs of litigation
<br />associated with an on-going lawsuit and: ' . ". .
<br />(A), The characteristics of the lawsuit meet the criteria set forth In paragraph (a) of this
<br />subsection (2.5) and presents a question of,law which is of a general statewide interest the
<br />resolution of which may prevent further litigation; and
<br />(B) The board. in its own discretion, determines that it would be in the best interest of
<br />the state and the water users in the state to intervene; and
<br />(II) The appropriations to the department of law are inadequate for the attorney gen-
<br />eral to complete litigation of the lawsuit. '. .. . .
<br />(c) Any interest earned on the moneys in the litigation account shall be credited on an
<br />annual basis in equal portions to the Colorado water conservation board construction fund
<br />created in subsection (1) of this section and the domestic water supply project revolving
<br />fund created in section 37-95-107.7. . .
<br />(d), The board, in conjunction with the attorney general, shall report annually to the
<br />general assembly on any litigation which involves the use of any moneys from the litigation
<br />account created iri paragraph (al' of this subsection (2.5).
<br />(e) Any moneys remaining in the litigation account at such time as the general assem-
<br />bly acts to close the account shall be equally divided and credited to the Colorado water
<br />conservation board construction fund created in subsection (1) of this section,and the
<br />domestic water supply project revolving fund created in section 37-95-107.7.
<br />(3) Contributions of money, property, or equipment may be received and expended
<br />from any county, municipality, federal agency, water conservation district, metropolitan
<br />water district, conservancy district, water users' association, person, or corporation for use
<br />in making investigations, contracting projects, or otherwise carrying out the purposes of sec.
<br />tions 37-60-119 to 37-60-122.
<br />(4) (a) The personal services, operating, travel and subsistence, and capital expenses of
<br />administering and managing the feasibility studies. engineering and design work, and con.
<br />struction activities associated with projects which are funded using moneys appropriated,
<br />allocated, or otherwise credited to the Colorado water conservation board construction
<br />fund may be paid from such moneys.
<br />(b) Repealed.
<br />(c) The legal services expenses, including the expenses of legal counsel employed by the
<br />board with the consent of the attorney general pursuant to section 37-60-114, of negotiating
<br />and preparing contracts for the disbursement of moneys from the construction fund for the
<br />study, design, and construction of projects which are funded using moneys appropriated,
<br />allocated, or otherwise credikd to the Colorado water conservation board construction
<br />fund may be paid from such moneys.
<br />(5) Any other provision of iaw to the contrary notwithstanding, all moneys in the Col-
<br />orado water conservation board construction fund not excluded by section 24-75-211 (1)
<br />(a), c.R.S" shall be subject to use and restoration pursuant to section 24-75-211, C.R,S.
<br />(6) As of July 1. 1988, and July 1 of each year thereafter through July 1, 1996, fifty per-
<br />cent of the sum specified in this subsection (6) shall accrue to the fish and wildlife resources
<br />
<br />1
<br />I
<br />I
<br />,
<br />(
<br />i
<br />I
<br />j
<br />1
<br />
<br />'_r:~ . .~ ,"
<br />
<br />.".'
<br />
<br />'1'
<br />i
<br />,i
<br />I
<br />
|