ballot initiative #40:
right to local self government
what does it mean?
what would it do?
what is the current law?
why do the proponents want to change the current system?
have initiatives like this been tried in Colorado before?
how could it impact Colorado's water community?
Initiative #40 is out for signature collection. It would amend the Colorado Constitution by adding a new section to Article II (the Bill of Rights).
The following FAQ's will provide insight into Initiative #40, how it works, and what impacts it might have on the water community.
Local laws are subject to state pre-emption, in certain circumstances. Local governments, to some extent, are classified as instrumentalities of the state.
It is very similar to Initiative #75 - Local Government Authority to Regulate Oil and Gas Development -, backed by the Colorado Community Rights Network, as well as a handful of other oil and gas development initiatives that have been introduced in the past couple of years.
Mainly, it could allow some local governments to regulate or prohibit other local communities water supply activities.
Municipal and local water supply developments are activities of state interest subject to limited local regulation under the standards of HB1041. If Initiative #40 is enacted, local prohibitions would no longer be subject to those state standards but exempt from state pre-emption as long as the local laws do not restrict fundamental rights of natural persons, local communities, or nature.