Proposed Initiative Would Limit Construction of Residential Housing Along the Front Range

A proposed Colorado ballot initiative in the works would limit the amount of water made available for "newly constructed, privately owned residential housing units" along the Front Range and would prohibit cities and counties from issuing building permits that would cause those caps to be exceeded. 

The cap provides:

Beginning in 2011, the amount of water available annually for newly constructed, privately owned residential housing units for the cities and counties or counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer and Weld shall not exceed one percent of the total water used for privately owned residential purposes annually averaged over the previous ten years in such cities and counties or counties.  Each local government and any part of such, whether statutory or home rule, shall allot building permits so that housing growth does not exceed the limitation on water use cumulatively for such city or county in a calendar year.

A copy of the final text of the initiative is attached.

The Title Board hearing on the matter is scheduled for Wednesday, March 3, 2010 at 1:30 p.m. at the Secretary of State's Blue Spruce Conference Room, 1700 Broadway, Suite 200, Denver, Colorado.  A copy of the notice of the meeting is attached.  At this meeting the Title Board, which consists of officials from Legislative Council, the Attorney General's Office and the Secretary of State's Office, will:

1. Determine if the measure satisfies the single-subject requirements set forth in Article V, Section 1(5.5) of the Colorado Constitution and CRS 1-40-106.5; and
2. If the preceding question is answered in the affirmative, the Title Board sets a title, ballot title and submission clause in accordance with in Article V, Section 1(5.5) of the Colorado Constitution and CRS 1-40-106.

Once this process has been completed, and assuming no motion for rehearing or appeal is filed, the initiative proponents must submit a petition format to the Secretary of State for review.  The Secretary of State will approve or disapprove the petition within 48 hours.  Petitions may be circulated after the petition format has been approved by the Secretary of State and, if the petition circulators will receive compensation, after they have been licensed.

To be placed on the ballot, a petition must receive 5 percent of the total votes cast for all candidates for the Office of Secretary of State at the previous general election.  Accordingly, the signature requirement for initiatives for 2009-2010 is 76,047.  Initiative petitions must be filed with the Secretary of State within six months of the date that the final language is set by the Title Board, however no petition may be filed less than three months and three weeks before the election.

If you have any questions regarding this article or its possible impact on your activities and operations, please contact your Sherman & Howard attorney or one of the attorneys in our Real Estate Group.