HomeMy WebLinkAbout20242121.tiffRESOLUTION
RE: WELD COUNTY TO BE A "TENTH AMENDMENT SANCTUARY COUNTY"
(Tenth Amendment Sanctuary County reconfirms County Commissioners authority to
deny any action by Federal that is outside of Federal's Enumerated Powers. Actions by
Federal outside of its Enumerated Powers include: Education, Wolves, ESA [except
migratory fowl], EPA, FEMA, historical/most precious jewel land/water designations,
WOTUS, Water and Feral Horses.)
(CLERK'S NOTE: Pursuant to the Weld County Home Rule Charter, Article 3,
Section 3-13, the concurrence of three of the members of the Board is
required to approve a Resolution. The motion to approve the Resolution
Re: Weld County to be a "Tenth Amendment Sanctuary County," did not
receive a second, therefore, there was no affirmative vote of three
Commissioners to approve the Resolution and it failed to pass.)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, including Planning and Zoning and the
Economic Development, and
WHEREAS, Federal jeopardizes the Economic Development of Weld County through its
repeated overreach attempts to enforce unconstitutional demands on Water Rights in Weld
County, this Resolution addresses Water in particular, and
WHEREAS, Board has a duty to use its Constitutional Authority to not enforce any Federal
action as pertains to Water, and
WHEREAS, the Tenth Amendment to the United States Constitution a part of the Bill of
Rights, ratified on December 15, 1791, protects the inalienable states' rights, by stating that the
federal government has only those powers delegated to it by the Constitution, and that all other
powers not forbidden to the states by the Constitution are reserved to each state, or to the people,
and
WHEREAS, the powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people, and
WHEREAS, example: United States v. Lopez (1995), was also a part of a series of
Rehnquist Court cases that limited Congress's powers under the Commerce Clause the Court
again ruled that a regulation enacted under the Commerce Clause was unconstitutional, and
WHEREAS, the Commerce Clause confers a unique position upon the federal
government in connection with navigable waters: "The power to regulate commerce comprehends
the control for that purpose, and to the extent necessary, of all the navigable waters of the United
States, and
2024-2121
BC0058
RE: WELD COUNTY TO BE A "TENTH AMENDMENT SANCTUARY COUNTY"
PAGE 2
WHEREAS, the state of Colorado does not have 'Navigable' Waters as defined in
Artlll.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has authority over Water
in the state of Colorado, and
WHEREAS, Weld County in the State of Colorado does not have 'Navigable' Waters as
defined in Artlll.S2.C1.12, it is the desire of the Board to declare its support of the Tenth
Amendment to the United States Constitution and its provisions of that protect the inalienable and
individual rights of Weld County Citizens to deny any Federal Agency action that is outside of
Federal's Enumerated Powers, and
WHEREAS, no waters in Weld County meets the definition of WOTUS, therefore let it be
known that no ditch company or individual Water Rights owner need apply for a federal water
permit to exercise their right to "beneficial use of water." This includes the maintenance of old or
building of new projects and utilization of Allotment Quantities as historically dated and
appropriated, and
WHEREAS, all Water of every natural stream in the State of Colorado and the County of
Weld has been appropriated, and
WHEREAS, Article II Section 3 of the U.S. Constitution provides that all "persons have
certain inalienable rights, among which may be reckoned the right of enjoying and defending their
lives and liberties; of acquiring, processing and protecting property which includes the beneficial
use of Water, and
WHEREAS, the Commissioners each took an oath to support and defend the United
States Constitution and the laws of the State of Colorado which are not deemed unconstitutional
by a court of competent jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the board reconfirms its authority to not enforce any Federal law not
delegated to the United States by the Constitution.
BE IT FURTHER RESOLVED by the Board of County Commissioners, that Weld County
be, and hereby is, declared to be a "Tenth Amendment Sanctuary County."
(CLERK'S NOTE: The above and foregoing Resolution was considered
by the Board on the 12th day of August, A.D., 2024. A motion to
approve the Resolution by Commissioner Saine died for lack of a
second. The Resolution did not pass because there was no
concurrence of three Commissioners to approve as required by Weld
County Home Rule Charter Section 3-13.)
2024-2121
BC0058
Hello