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Last modified
8/11/2009 11:49:55 AM
Creation date
1/18/2008 12:43:10 PM
Metadata
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Template:
Publications
Year
2005
Title
CWCB Request for Signature Authority Research
CWCB Section
Administration
Author
Beth Van Vurst & James Eklund
Description
CWCB Request for Signature Authority Research
Publications - Doc Type
Legal Analysis
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<br /> <br />,r <br /> <br />I I' the Secretary selects the Proposal as the preferred alternative, thcn the Scven Basin States <br />will formally cnter into the Drattl\greelllcnt. subjel,:t of course to any rcquisite moditications. Mr. <br />Scott Halcolllh, ('ulllmissioner ror the State of ('olorado to the Upper Colorado River Commission, <br />has particip;lted in the negotiation of the Drall Agreement on behalrofthe stale ol'Colorado and is <br />listed on the Drali Agreement as having thc "full power and authority" to hind the State of Colorado <br />to thc terms or the agrcement. See Drall Al.!,recmcnt, '116. Speeilically, the ()rall Agrecment states <br />that CR.S. ~~ 2-1--1-109, 37-60-109, ('. R.S. (2005) and an Exeeutive Order li'om C;overnor Owens <br />provide ('oll1ll1issioner Ba\eomb with the rcquisite authority. !d. at Recitals, '1 A.3. <br /> <br />('omlllissioner Balcomb recently contacted the Colorado River subunit and requested that the <br />Colorado River subunit prepare an infornlalmemorandum revicwing thc Governor of the State of <br />Colorado's authority. and the Governor's powcr to delegate that authority. to negotiate and sign the <br />Scven Basin State's Agreement. <br /> <br />IV. DISCUSSION. <br /> <br />A. Does the Governor possess the authority to negotiate and sign, on hehalf of the shlte of <br />Colorado, the Seven Basin States Agreement'? <br /> <br />The Governor may exercise only those powers expressly provided for in the Constitution or <br />statutes cnacted pursuant thereto. Colo/'{/do Po/rtechnic College v, State Ed ji)r COII/munity <br />Colleges IInd Occuplltional Ed., 476 P.2d 3X, 43 (Colo, 1(70). <br /> <br />Therc are three constitutional or statutory provisions that may provide the Governor with <br />authority to negotiate and sign the Seven Basin States Agreement: <br /> <br />. ~24-1-I09,eR.S. <br />. Article IV, ~ 2 of the Colorado Constitution <br />. ~ 37-60-109(1), eR.S. <br /> <br />1 I' thc act of negotiating and signing the Agreement is decmed to be within the Governor's authority <br />to "administer" the Colorado Rivcr Compact. then eR,S, ~ 24-1-109 provides the Governor with the <br />rcquisite authority to sign and negotiate the Agreement. If the act is not deemed to be within the <br />Ciovcrnor's administrative powers, then Atticle 4, ~ 2 of the Colorado Constitution and eR.S. ~ 37- <br />60-109 constitute two othcr possible sources of authority. However, neither seems to provide the <br />Governor wiih authority to negotiate and sign this Agreement. <br /> <br />t. Section 24-1-109, CR.S. provides the Governor with the authority to negotiate and <br />execute the Agreement so long as he is deemed to be "administering" the Colorado <br />River Compact. <br /> <br /> <br />Section 24- I -I 09, C.R,S. provides that "[i Interstate compacts authorized by law shall be <br />administered under the direction of the oftice of the Governor." This includes the Colorado River <br />Compact.' Insol~H as the substantive agreemcnt as well as its negotiation and execution can be <br />characterized as being in furtherance of the administration of the Colorado River Compact, this <br />statute provides the Governor with the requisite authority, <br /> <br />-' The Colorado River Compact is a compact authorized by law. See C.R.S. ~ 37-61-10 \. <br /> <br />3 <br />
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