White Paper: Option for Land Protection Component

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Land Entity White Paper November 30,1999 b. Constraints on Infergovernmentad Efforts The Coloradv Canstitution, Articie Xi, section 2, prohibits the state fram donating funds to a corporation or company, or from jaint ov?mership of any property with any person, company or corparation. This artiale appears to prohibit Colorado from funding any private non-proft or gavemment corporation, and from holding land interests jointly wi#h any other party. This constraint appears to have iittle effect on the situation at hand, bawever. Article XIV, section 18(2}(a) provides that "[n]othing in this constittition shall be canstrued to prohibit the state or any of its political subdivisions from cooperating or contracting with one another or with the gavernment of the United States to provide any function, service, or facility Iawfully authorixed to each,..." Section 18(2)(b) provides that nothing shall prvhibit "the authoriaation by statute of a separate governmental entity as a instrument to be used through voluntary participation by cooperating or contracting political subdivisions." And section 18(2)(c) provides that nothing shall be construed to prohibit any political subdivision of the state from contracting with private persons, associations, or corporations for the provision of any legally authorized functiqns... within ar without its boundaries." These constitutional provisions have been interpreted by the legislature in adopting several statutes. Colorado Revised Statutes and Court Ru1es, Sec_ 6-2-115.5 authorizes any state agency to contract with private enterprise if it will be cost effective. In pravisions similar to those in Wyoming and Nebraska, the statutes clarify that state agencies' authority to cooperate with other governments is to be encouraged and broadly read. Sec. 29-1-20I. The statute states that governments may cooperate or contract with one another to carry out any function with the approval of the legislature or any other authority with the power to so approve. Any cantract can calI for the joint exercise of powers, including the establishment of a separate legal entity to do so. Sec. 29-1-203 , The def nitions section, Sea. 29-1-202, provides that intrastate, interstate and statelfederal cooperatian are all cvvered under this statute. Hawever, the remainder of the statute, Sec_ 29-1-204 et seq., addresses very specific, largely intrastate, cooperative arrangements such as water authorities. It is not clear on the face of the statute what cooperative situations would require legislative approval, or whether legislative approval needs to be in the form of a statutory autharization or simply earmarked apprapriations. It would be reasonable to interpret that provision widely enough to allow an agency such as the Departrnent of Natural Resources to enter into joint contracting arrangements, or create joint entities, provided they further state functions delegated to that agency. It wnuld also be reasonable to expect that the Depaztment would seek specific appropriatian autharizatian in its budget far an arrangement iike the Program that is not specifically autharized by statute. A - 10