ballot initiative #75:
local government authority to regulate oil and gas development
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 #75 would give local governments the authority to prohibit, limit, or impose moratoriums on detrimental impacts on public health, safety, general welfare, and the environment, without risk of state preemption, even if such acts impose restrictions on oil and gas developments.
The Commerce Clause, listed in the United States Constitution (Article I, Section 8, Clause 3), states that the United States Congress shall have the power 'to regulate Commerce with foreign Nations, and among several states, and with the Indian Tribes.'
Initiative #75 would not just give local communities the ability to limit oil and gas operations, it would also grant local governments and communities comprehensive control over all businesses.
Two similar initiatives have been tried before:
It could weaken the future protection of Colorado water law as it currently stands.
By providing local governments the authority to impose limitations on possible detrimental impacts (including oil and gas development), initiative #75 would place the water community in a state of unbalance, as the realm of water law should be handled on a state, and not local, level.