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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 />\'. I/OIIIIC.\', l)5() P.2d 40(l, 40l) (Colo. 1(>98) (discussing the nondek~ation doctrinc generally).) <br /> <br />Thc nondclcgation doctrine is not violated here becausc e\isling Colorado law regarding the <br />('olllpact prO\ides surticient standards to guidc the Governor's e\ercise of his authority to administer <br />t hc Compact. Colorado law forhids t hc Governor li'om uni latera \I y bi ndi ng the State to an agreemcnt <br />which modilies any authority, interest. or right of Colorado to thc waters it was apportioned through <br />the Colorado River Compact. ,See ~ 37-W-IOl)( I), C.R.S. Furthermore, the Gowrnor's <br />administration of the Compact docs not include the right to consider and adjust any claim or <br />controversy among the Basin States "concerning the meaning or performance of any of the terms of <br />the Colorado River Compact."() ~ 37-61-101, C.R.S. (Colorado River Compact, Art. VI). These <br />statutes narrow the scope of the (iovernor's authority to administer thc Colorado River Compact and <br />retain the legislature's power to make laws regarding the waters of the Colorado River.7 <br /> <br />The conclusion that the delegation of authority to administcr interstate compacts does not <br />violatc the nonde\egation doctrine is consistent with another purpose of that doctrine, which is to <br />protect "the public from the imposition of irrational rules created by non-elected officials," Krupp, 1 <br />P.3d at 183 (citation omitted). The Ciovernor "is a highly visible public otlicial" whose decisions <br />necessarily attract the attention of the public and the news media. Pallzer, 680 N, W.2d at 689, '" I' <br />the Govetl1or makes a policy choicc that is unacceptable to the people, the Govemor will be held <br />accountable to the people." It!. Consl.'quently, the implicit statutory constraints on the Govemor's <br />authority and thc Governor's position as an elected official conceivably impose adequate standards <br />and procedural safeguards to render his delegation of legislative power constitutional. <br /> <br />, Ilowever, legislative power is not improperly delegated when the General Assembly has described "what job must <br />be done. who must do it, and the scope of his authority.'" 5lll'i.l'her v. B/'II\I'II, 42 P.2d 621. 626 (Colo. 1965); Ha::/i'r, <br />126 Colo. at 395-396 (citation omitted) ( "The General Assembly may not delegate the power to make a law; but it <br />may delegate power to determine some fact or a state of things upon which the law, as prescribed, depends...The <br />true distinction is between the delegation of power to make the law, which necessarily involves a discretion as to <br />what it shall be, and conferring authority or discretion as to its execution, to be exercised under and in pursuance of <br />the law. The lirst cannot be done: to the latter no valid objection can be made."). <br /> <br />t, Article VI of the Compact specilically provides: <br /> <br /> <br />Should any claim or controversy arise between any two or more of the signatory States: (a) with <br />respect to the waters of the Colorado River System not covered by thc terms of this compact; (b) <br />over the meaning or performance of any of the terms of this compact: (c) as to the allocation of the <br />burdens incident to the performance of any article of this compact or the delivery of waters as <br />herein provided: (d) as to the construction or operation of works within the Colorado River Basin <br />to be situated in two or more States. or to be constructed in one State for the benefit of another <br />State; or (e) as to the diversion of water in one State for the benefit of another State: the Governors <br />of the States affected, upon the request of one of them, shall forthwith appoint Commissioners <br />with power to consider and adjust sueh claim or controversy, subject to ratification by the <br />Legislatures of the States so affected. <br /> <br />7 While it may also be argued that the limitations imposed on the Governor fail for vagueness, such an argument <br />fails. The Colorado Supreme Court has recognized that the use of anything more than broad and general standards <br />is impractical and inappropriate in many contexts. See Cottrell, 636 P.2d at 708. Administration of the Colorado <br />River Compact is certainly one such situation. There are simply too many contingencies that could develop on a <br />monthly, let alone yearly, basis that the use of anything other than general standards would be practical. These <br />contingencies include fluctuating water and weather conaitions, increasing development in the Basin States, and <br />political developments in anyone of the seven signatory states or between the states, <br /> <br />6 <br />
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