19a ‎(2)‎

• Board Meeting Date: 1/23/2008
• Description: WSP Section - CWCB Litigation Account - Status Report
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 7? I
[hmcr. ('olarado 80203
Phone: 1303} 866-3dJ 1
Fax: (303) 8G6-~t-t74
www.cwcb.scate.co.us
TO: Colorado Water Conservation Board Members
FROM: Ted Kowalski
DATE: January 10, 2008
Bill Ritter, Jr.
Governor
f larris D. Sherman
UNR Executive Director
Jennifer L. Gimbel
CWCB Director
SUBJECT: Agenda Item 19a, January 22-23, 2007 Board i~teeting ~ w Ben p~ y Director
Water Supply Protection -CWCB Litigation Account
Status Report
Background
Section 37-60-121(2.5) provides that the Colorado Water Conservation Board is authorized "to
expend, pursuant to continuous appropriation and subject to the requirements of paragraph (b} of
this subsection (2.S), a total sum not to exceed the balance of the litigation fund, which is created,
for the purpose of engaging in litigation...to defend and protect Colorado's allocations of water in
interstate streams and rivers..." Paragraph (b) of section 121(2.5) provides: "pursuant to the
spending authority set forth in paragraph (a) of this subsection (2.S), moneys maybe expended
from the litigation fund at the discretion of the board if: (I) with respect to litigation, the Colorado
attorney general requests that the board authorize the expenditure of moneys in a specified amount
not to exceed the balance of the fund for the costs of litigation associated with one or more
specifically identified lawsuits meeting the criteria set forth in paragraph (a) of this subsection
(2.S)." In addition, Section 121(2.5) states: `'the Board, in conjunction with the attorney general,
shall report annually to the senate agriculture, natural resources, and energy committee and the
house of representatives agriculture, livestock, and natural resources committee on any litigation
that involves the use of any moneys from the litigation fund created in paragraph (a) of this
subsection (2.S)." A draft of this year's annual report is attached.
At the beginning of this year, the fiend had approximately $3.575 million, of which $1.573
million has been authorized to be spent by letters from the Attorney General and an action by
this Board. Within the last calendar year, the Board authorized the expenditure of: 1) $90,000
for expenses associated with the Kansas v. Colorado litigation; 2) $615,452 associated with the
defense of the Colorado River work; and 3) $240,000 for expenses associated with potential
litigation with Nebraska and Kansas involving the Republican River Compact. T}lus, the fund
currently has $2.091 million that remains.
Staff Recommendation
The Staff and the Department of Natural Resources recommend that the CWCB authorize the
Staff to forward the attached draft report, in final, to the appropriate committees.
Water Supph~ Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • 1Vater Supply Planning & Finance
Rater Conservation & Drought Planning • Intrastate W'atcr ~9anagement & [)evelopment