45-119. Colorado River litigation fund
211 words·~1 min read·
/az/title-45/45-119A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The Colorado River litigation fund is established consisting of legislative appropriations. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B. Monies in the fund shall be used by the department for the sole purpose of initiating, defending or participating in litigation related to this state's apportionment of Colorado River water or any other rights of this state regarding Colorado River water under the Colorado River compact of 1922, Boulder Canyon project act of 1928, Colorado River decree of 1964, Colorado River basin project act of 1968 or any other federal law that affects this state's apportionment of Colorado river water or the right to divert water controlled by the United States or to exercise this state's entitlement to water.
C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
D. Notwithstanding subsection B of this section, monies in the fund may not be used by the department for the purpose of initiating litigation against any entity that holds an entitlement to this state's apportionment of Colorado River water.