HomeMy WebLinkAbout20142000.tiff RESOLUTION
RE: EXPRESSION OF OPPOSITION TO PROPOSED BALLOT INITIATIVES 75, 85, 86,
87, 88, 89, AND 90
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, and
WHEREAS, a variety of different ballot initiatives to amend the Colorado Constitution
have been filed with the Colorado Secretary of State in 2014 dealing with oil and gas
development in the State of Colorado, and with local self-governance, and
WHEREAS, Initiative 75 would grant to each "county, city, town, and other municipality"
the authority "to enact local laws protecting health, safety, and welfare by establishing the
fundamental rights of individuals, their communities, and nature, and by securing those rights
using prohibitions and other means," and "to enact local laws establishing, defining, altering, or
eliminating the rights, powers, and duties of corporations and other business entities operating
or seeking to operate in the community, to prevent such rights and powers from interfering with
such locally-enacted fundamental rights of individuals, their communities, and nature," and
WHEREAS, Initiatives 85, 86, and 87 would set the "statewide setback" for "all new oil
and gas wells requiring a state or local permit, including those using hydraulic fracturing," to be
located at least 1,500 feet, 2,000 feet, or 2,500 feet from "occupied structures," and then
proclaim that application of such statewide setback would not be a taking pursuant to Article II,
Sections 14 and 15 of the Colorado Constitution, and
WHEREAS, Initiative 88 would set the "statewide setback" for "all new oil and gas wells
requiring a state or local permit, including those using hydraulic fracturing," to be located at least
2,000 feet from "occupied structures," but does not proclaim that application of such statewide
setback would not be a taking pursuant to Article II, Sections 14 and 15 of the Colorado
Constitution, and
WHEREAS, Initiative 89 requires that, "As trustees of this resource, the state and local
governments shall conserve Colorado's environment, including its clean air, pure water, and
natural and scenic values for the benefit of all the people," and
CC; Ci9(B,,4)B.kerke
7_,/_ =PO'),1 2014-2000
BC0046
RE: EXPRESSION OF OPPOSITION TO PROPOSED BALLOT INITIATIVES 75, 85, 86, 87,
88, 89, AND 90
PAGE 2
WHEREAS, Initiative 90 vests "the right, power, and authority in local governments to
regulate oil and gas development within their geographic borders; this right, power, and
authority includes the ability to enact prohibitions or limits on oil and gas development, including
hydraulic fracturing," and
WHEREAS, each of these ballot initiatives either does nothing, does not do what it says
it does, or submits the regulation of corporations and/or oil and gas operations to the whims of
governments, and
WHEREAS, the Board of County Commissioners opposes each of these initiatives.
NOW, THEREFORE, be it resolved by the Board of County Commissioners, that the
Board hereby expresses its opposition to Initiatives 75, 85, 86, 87, 88, 89 and 90, for the
following reasons:
1. If passed, Initiative 75 would give local governments the authority to restrict or prohibit
corporations from doing business within the local jurisdictions, thereby creating
uncertainty in the business community statewide, which in turn would reduce or
eliminate any desire by those corporations to do any business in the state of Colorado,
even in those local jurisdictions not desiring to enact such restrictions or prohibitions.
2. If passed, Initiatives 85, 86, 87, and 88 would set the "statewide setback" for "all new oil
and gas wells requiring a state or local permit, including those using hydraulic
fracturing," at distances which would effectively ban all oil and gas development after the
date of passage.
3. If passed, Initiative 89 would open local governments to legal challenges by requiring
them to "conserve Colorado's environment" without any criteria as to how such
conservation should be accomplished.
4. If passed, Initiative 90 would authorize local governments to regulate "oil and gas
development within their geographic borders," subjecting oil and gas operations to
regulations enacted upon the whims of governments, without statewide consistency,
thereby creating uncertainty in the business community.
2014-2000
BC0046
RE: EXPRESSION OF OPPOSITION TO PROPOSED BALLOT INITIATIVES 75, 85, 86, 87,
88, 89, AND 90
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:Vv L� C�( jCs; L DCyoS k,
cc Douglas Rademach r, Chair
Weld County Clerk to the Board nu,�L _ A
arbara Kirkmey r, Pro-Tem /
Bpo Bad'
D Clerk to to the Board
Sean P. Conway
AP ED •FORM: 'rnttRt �ney
Mike Freeman
�my Attorney ED
F. Garcia
(R.`�:'�• '`'
Date of signature: -]"8-t'( , :;,;;.• `
�®gr14.
2014-2000
BC0046
Hello