In the Matter of the Title, Ballot Title, and Submission Clause for 2011-2012 # 3 Douglas Kemper, P — Hobbs, J…

Summary

Justice Hobbs dissented from the court's disposition of a proposed constitutional initiative concerning public rights in natural streams. He would have held that the initiative violated Colorado's single-subject requirement because it combined a superior environmental and recreational water right, public possessory rights in stream beds and banks, and a public recreational access easement across private property, while also presenting a materially misleading ballot title. Justice Hobbs would have reversed the Title Board and directed it to strike the title and ballot clause and return the initiative to its proponents.