Date: 05/02/2012
Final
Briefing on the Public Trust Doctrine
COMMITTEE ON JOINT AGRICULTURE AND NATURAL RESOURCES
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07:34 AM -- Briefing on the Public Trust Doctrine
Lori Potter, Colorado River Outfitters Association (CROA), spoke about 2011-12 initiatives #3 and #45. She explained that CROA does not support initiative #3 and believes that the initiative would lead to litigation if passed.
07:39 AM
Doug Kemper, Colorado Water Congress, spoke about the history of ballot initiatives relating to the public trust doctrine. He explained that the public trust doctrine is the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use. He discussed the history and application of the public trust doctrine and distributed Attachments A, B, C, and D.
07:48 AM
Steve Leonhardt, attorney representing Colorado Water Congress, spoke about how the initiatives #3 and #45 would change Colorado water law. He explained how the initiatives are similar to initiatives proposed in the past and discussed the history of the public trust doctrine including court cases such as Mono Lake (National Audubon Society v. the Superior Court of Alpine County) and People v. Emmeret in Colorado. Mr. Leonhardt answered questions from the committee concerning the impact the initiatives may have on interstate compacts and irrigated farm lands.
08:15 AM
The committee continued to ask Mr. Kemper, Mr. Leonhardt, and Ms. Potter questions about the impacts of the initiatives.
08:25 AM
Ms. Potter and Mr. Leonhardt discussed the impact of the public trust doctrine in other states that have incorporated the principle into state law and the role of the legislature if initiatives #3 and #45 were to pass.
08:30 AM
The committee adjourned.