Initiative #40

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.

Declare that the people of Colorado have 'an inherent and inalienable right of local community self-government' in each county and municipality.
Provide that this right includes the power to enact local laws that 'protect health, safety, and welfare by recognizing or establishing rights of natural persons, their local communities, and nature.'
Provide that local communities may adopt 'measures to establish, define, alter, or eliminate competing rights, powers, privileges, immunities, or duties of corporations and other business entities.'
Apply the provisions to every county and municipality.
Provide that local laws adopted pursuant to this provision are not subject to preemption or nullification by international, federal, or state law, without restricting fundamental rights or weakening protections of natural persons, their local communities, or nature.

Local laws are subject to state pre-emption, in certain circumstances. Local governments, to some extent, are classified as instrumentalities of the state.

To avoid pre-emption.
To promote direct democracy.
To promote the public's inalienable right to clean air and water.
To prevent 'Chemical Trespass' and allow communities to 'peaceably enjoy their homes.
To promote the right to local self-government.

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.