In the Matter of the Title, Ballot Title, and Submission Clause for 2011-2012 # 3 Douglas Kemper, Petitioner V…

Summary

The court affirmed the Title Board's determination that Initiative 3 and its titles contain a single subject: the public's rights in the waters of natural streams. It held that the initiative's provisions concerning public trust doctrine, existing water rights, stream access, enforcement, and implementation are necessarily and properly connected, and that the titles fairly and clearly describe the measure. Justice HOBBS, dissenting, would have held that the initiative combines three distinct subjects involving water rights, streambed ownership, and public access across private land.