Supreme Court of Colorado

In the Matter of the Title, Ballot Title and Submission Clause for 2009-2010 # 91. Christopher Howe — Coats, J…

June 28, 20102010 Colo. LEXIS 508

Summary

Justice Coats, dissenting, would have upheld the Title Board's determination that Initiative #91 presents a single subject concerning funds for maintaining state water availability and protecting the administering bodies from legislative interference. The dissent argues that the majority identified separate subjects without evidence of voter deception or deliberate bundling of provisions unlikely to pass independently. Justice Eid, dissenting, likewise would have upheld the initiative because its provisions all relate to a new tax supporting water conservation programs.