In the Matter of the Title, Ballot Title and Submission Clause for 2009-2010 # 91. Christopher Howes, Objector…

Summary

The court held that Proposed Initiative #91 violated Colorado's constitutional single-subject requirement because it combined a beverage-container tax and related water-funding provisions with a separate restructuring and four-year restriction on the General Assembly's authority over water-management entities. The court therefore reversed the Title Board and directed it to strike the title and return the initiative to its proponents, without reaching the remaining challenges. Justice Coats, dissenting, would have affirmed because the initiative's provisions shared a coherent water-conservation purpose, and Justice Eid, joined by Justice Rice, likewise viewed the moratorium as sufficiently connected to the tax and its administration.