WSP04635

• File Number: 8407
• Description: Platte River Basin - River Basin General Publications
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 1/1/1990
• Author: Ft Morgan
• Title: Fort Morgan - People - Partnership - Progress
• Water Supply Pro - Doc Type: Report/Study

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A Proposed Initiative on ~ater.Rights

AN AHENIlIlENT TO THE COLORADO CONSTUUTION TO REQUIRE THE STATE TO ADOPT .AND
DEFEND A PUBLIC TRUST DOCTRINE WITH RESPECT TO THE ~ATERS IN COLORADO VITHOUT
DENYING THE RIGHTS OF THE USES OF 'lATEIl BY TIlE IWIIlEll. OF APPROPRIATION; TO DEFEND
TIlE PUBLICS' .D1lNEasHIP IN'l'EREST IN STAn: ~ATERS; TO REQUIRE THE APPROVAL OF A
MAJORITY or A DISTRICT'S ELECTORS VOTING ON THE ISSUE BEFORE ClWlGING THE
BOUNDARIES OF 01. ELIHINATING A ~ATEI. CONSE1l.VANCY OIL ~ATE1l. CONSERVAtION DISTRICT;
TO REQUIRE ''l'BAT AI.I. DIRECTOI.S OF A ~ATER CONSERVANCY OR. VATER. CONSE1l.VAtION
DISTRICT BE ELECTED IN THE SJJIE IWlHEi AS BOARD I!EHIIERS OF SPECIAL DIS~CTS; TO
PEl.MIT THE OiNEl.SBIP OF 'lATEI. RIGHTS TO BE DECREED TO TIlE PUBLIC AND DEDICATED
TO THE BENEFIT OF A PA!l.tICULAlI. VATER SYSTEH VITHOUT BINDIWICE FROIf A STATE OR
OTHER. GOVER.NllENTAL BODY; TO REQUUE 'l'HAT TIlE 'lATER CONSERVATION BOARD 01. ANY
GOVERNKENT SUBDIVISION nT!I A SIlfILAIl. PURPOSE AND FUNCtION ACCEPT AND PROTECT THE
PuBLICS' OWNEI.SHIP OF DECIlEEIl VATEIl INTERESTS FROIf T\WISFER.; AND TO REQUIRE TIlE
STATE TO DEFEND DEDICATIONS OF DECREED 'lATER. INTERESTS AS A IlATTER OF THE STATE'S
PUBLIC TRUST IN li'Arns.

The ballot title and. submission clause as designated and fixed by. the Board is
as follovs. .

SHALL TIIERE BE All JJIEIlDIIENT TO THE COLORADO CONSTITUTION TO REQUIRE TIlE
STATE TO ADOPT AND DEFEND' A PUBLIC TRUST DOCTIl.INE VITB RESPECT TO THE VATERS IN
COLORADO VI'l'lIOUT DEllYING TIlE Il.IGIlTS OF THE USES OF 'lATER BY THE MANNER OF
APPROPRIATION; TO DEFEND THE PUBLICS' .0VNERSIlIP INTEREST IN STATE 'lATERS; TO
REQUIRE tIlE APPROVAL OF A lUJORI'l'Y OF A DISTRICt" S ELECTOI.S VOTING ON THE ISSUE
BEFORE CIWlGING THE BOONDAIl.IES OF OR. ELIHINATING A 'lATER. CONSEaVAlICY OR ~ATER.
CONSEI.VAtION DISnrCT; TO REQUUE TIlAT ALL DIRECTOI.S OF A VATER CONSERVANCY OR.
'lA'1'EI. CONSERVATION DISTRICT BE ELECTED IN THE SAllE IWlNEll AS BOARD MElfllERS OF
SPECIAL DISTRICTS; TO PER.I!IT tIlE OWNERSHIP OF VATER RIGHTS '1'0 BE DECREED TO THE
PUBLIC AND. DEDICATED '1'0 THE BENEFIT OF A PARTICULAlI. UTEI. SYSTEM VITHOUT
HINDIWICE nOIf A STATE OR OTHER GOVEIOOfENTAL BODY; TO REQUIRE THAt TIlE li'ATER
CONSERVATION BOARD OR. AllY GOVE1UllIENT SUBDIVISION VITII A SII!ILAll PURPOSE AND
FUNCTION ACCEPT AND PR.OTECT tIlE PUBLICS' OWNERSHIP OF DECREED VATER INTERESTS
nOIf TIWISFEIl; AND '1'0 IlEQUnE THE STATE '1'0 DEFEND DEDICATIONS OF DECREED VATER.
INTERESTS AS A 1lATTER. OF THE STATE'S PUBLIC raUST IN ~ATERS?

The summary as prepared by the Board is as follows.

The lIIeasure requires the state to adopt and defend a public trust doctrine
vith respect to the vaters in Colorado withouc denying the rights of the uses of
vater by the lIIanner of appropriation. It requires the state to defend' the
publics' ownership 14terest in state waters against attelllpts to define such
veters in an unwarranted or narrow lII&IU1er as private property.

The lIIeasure requires the approval of a lIIajority of a district's electors
voting on the islue before cb.aug14g the bounclaries of or ltlimi.nat14g a water
conservancy or water conservation district. The lIIessure requires that all
directorl of a veter conservancy or vater conservation diltrict be elected to
such position 14 the S&llle lII&nner as board lIIelllbers of special districts. The