initiative #75:
​local government authority to regulate oil and gas development

What does it mean? what would it do?

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What is the current law?

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​why did the proponents want to change the current system?

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have initiatives like this been tried in Colorado before?

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how would it have impacted 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.

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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.'

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​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.

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Two similar initiatives have been tried before:

• Initiative #40 proposes an amended right to local community self-government: it addresses the inherent conflict between the fundamental rights of communities, people, and their environments and the legal authority given to corporations.
• Initiative #138 sheds light on the relationship between local laws and regulations concerning oil and gas development or operations and state laws and regulations: local governments may enact and enforce local laws and regulations as long as they are no more restrictive than, and do not conflict with, state laws or regulations.
  

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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.