HomeMy WebLinkAbout770657.tiff rEmORAnDum
WID€ To Board of County Commissioners Date November 16, 1977
COLORADO From R. Russell Anson, Assistant County Attorney
Subject. Mineral Lease Payments
QUESTION: Can Weld County distribute to school districts monies
received from the Federal Government for mineral leasing?
ANSWER: No.
DISCUSSION: Prior to Senate Bill No. 35, Section 34-63-102, et seq. ,
mandated that mineral lease payments be used by "counties for the support
of public schools and for the construction and maintenance of public
roads. " Senate Bill No. 35 amended Article 63. Senate Bill No. 35
mandates that these monies shall be used for "planning, construction,
and maintenance of public facilities and for public services. " This
bill does not permit the county to distribute monies to school
districts. It is the general principal of county law that a county
has no power except those powers expressly provided by state statute.
Since Senate Bill No. 35, nor any other statutes expressly permits
a county to distribute federal leasing monies to school districts,
that power is not present. Therefore, Weld County cannot distribute
federal lease payments to any school districts.
R. RUSSELL ANSON il ssistant County Attorney
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cc: Tom Dority
Tom David
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Coun y Attorney
770657
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