Colorado: Public trust initiatives on water law fizzle

Posted on July 26, 2012 by Bob Berwyn

Colorado voters won’t have a chance to update Colorado’s broken water laws at the ballot box this year.

Grassroots effort to revise state’s outdated prior appropriations system falls short, as backers fall short of gathering required signatures

By Summit Voice

SUMMIT COUNTY — An attempt to fundamentally alter Colorado water law via the petition process fizzled this week, as backers of the proposed initiatives 3 and 45 withdrew their bid for lack of enough signatures.

One of the ballot measures would have applied the public trust doctrine to water in Colorado, declaring that unappropriated water in natural streams is public property, dedicated to the use of the people of the state.

The public trust ballot measure would also have clarified the public’s right to access streams and rivers.

The second measure would have have put limits on diversions to protect the public’s interest in water, prohibiting diversions “that would irreparably harm the public ownership interest in water.” (more…)

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Colorado: How secret is your ballot?

Posted on July 16, 2012 by Bob Berwyn

A Diebold electronic voting machine. Photo via Wikipedia and the Creative Commons.

Colorado Supreme Court denies City of Aspen challenge to ballot inspection

By Summit Voice

SUMMIT COUNTY — a see-saw Colorado legal battle over voter privacy has ended with a win for open-access advocates, who claim that the public’s right to inspect voting results at least equals the right to private voting — as long the ballots can’t be connected to individual voters.

The Colorado Supreme Court last week let stand a lower court ruling that gave losing Aspen City Council candidate Marilyn Marks the right to inspect the instant runoff voting information from the 2009 election.

While there may not have been as much at stake as in the hotly contested 2000 Gore versus Bush presidential election, Marks cited the inspection of the ballots in Florida as part of her legal arguments in the Aspen case, according to city attorney Jim True. (more…)

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Colorado: ‘Rabble’ getting in the way of gas drilling?

Posted on December 3, 2011 by Bob Berwyn

Citizens who were denied a public hearing on drilling take their arguments to court; justices must decide between conflicting statutes

A spiderweb of drill pads lace the countryside around the Roan Plateau. PHOTO COURTESY SKYTRUTH.

By Summit Voice

SUMMIT COUNTY —Colorado citizens who were denied hearings by the state’s oil and gas conservation commission have taken their arguments to court, and this week, the Colorado Supreme Court heard arguments in what could be a precedent setting case.

The Grand Valley Citizens Alliance is contesting a drilling permit issued several years ago, claiming that state law empowers citizens to request public hearings — even if local governments don’t request a hearing on their behalf.

Another group, Citizens for Huerfano County, is also currently enmeshed in a lawsuit in a similar case.

“We are fighting for the right to be in the room when matters concerning our health, safety, air and water are being decided,” said the Huerfano group’s attorney, Julie Kreutzer, who was also in attendance for  the November 30 oral arguments before the Colorado Supreme Court. The Huerfano County case is currently pending in Denver District Court.

Attorneys for the state argued that state law lets the Colorado Oil and Gas Conservation Commission decide who is allowed to request a public hearing, and that those requests are limited to drilling applicants, local governments and surface owners. (more…)

Filed under: Colorado, energy, Environment, gas drilling, oil drilling, Summit County Colorado | Tagged: , , , , , , | 1 Comment »

Colorado: Supreme Court rejects reapportionment plan

Posted on November 17, 2011 by Bob Berwyn

County splits don’t meet legal standards

It's back to the drawing board for the Colorado reapportionment commission.

SUMMIT COUNTY — The Colorado Supreme Court has sent the state’s reapportionment plan back to a bipartisan commission for more tweaking before the Dec. 6 deadline. Read the court’s order here.

The court ruled that the plan “is not sufficiently attentive to county boundaries” to meet legal requirements, and that the reapportionment commission did not try hard enough to develop a “less drastic alternative,” when it comes to dividing counties.

Numerous Front Range jurisdiction challenged the plan, complaining that the map went too far in dividing counties, when state law requires that they remain intact within a political district when possible. (more…)

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Colorado: Reapportionment goes to Supreme Court

Posted on November 8, 2011 by Bob Berwyn

Existing Colorado House districts.

Oral arguments to stream live on the web

By Summit Voice

SUMMIT COUNTY — A new map of Colorado Senate and House districts will be decided by the Colorado Supreme Court, which will listen to oral arguments this week. The session is set for Wednesday, Nov. 9, and the arguments will be streamed live on the web via several links, including the Colorado Supreme Court website and the Colorado General Assembly website.

The new legislative maps created by the Colorado Reapportionment Commission have been challenged by 11 different entities on constitutional grounds, including Jefferson, Douglas and Araphoe counties.

According to Clearthebenchcolorado.org, many of the challenges from around the state cropped up after a brand new set of maps was introduced by the commission’s only unaffiliated member, chairman Mario Carrera.

Carrera’s maps were the one adopted, after earlier versions were subjected to several rounds of public review and comment. All the maps are online here.

Here are the statements of opposition as filed with the Colorado Supreme Court.

 

Filed under: Colorado, Summit County Colorado, Summit County news | Tagged: , , , , , | 1 Comment »

Colorado Supreme Court rejects cannabis law challenge

Posted on January 12, 2011 by Bob Berwyn

Colorado regulators and attorneys continue to wrangle over medical marijuana laws.

Colorado Department of Revenue continues rule-making process; patient advocates cite privacy concerns

By Summit Voice

SUMMIT COUNTY — A challenge to Colorado’s medical marijuana statutes — House Bill 10 – 1284 and Senate Bill 10 – 109 — was rejected this week by the state Supreme Court. The petition claimed that the statute unlawfully hinders patients from accessing cannabis, and asked the Supreme Court to decide the issue based on “urgent constitutional issues.”

The petition was filed Jan. 5by Andrew B. Reid, senior counsel for Springer and Steinberg, P.C., a Denver law firm, on behalf of Kathleen Chippi, a Nederland caregiver and dispensary owner, and the Patient and Caregivers Rights Litigation project, an association of patients, caregivers and physicians that have been harmed by the passage of these laws.

The petition had asked the court to overturn large parts of laws passed by the Colorado legislature last year (HB 10-1284 and SB 10-109) because they restrict patient access to medicine and violate patient privacy rights guaranteed by the Colorado Constitution. (more…)

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