Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I

In the Matter of Title, Ballot Title and Submission Clause for 2011-2012 #3

274 P.3d 562 (2012)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In the Matter of Title, Ballot Title and Submission Clause for 2011-2012 #3

Colorado Supreme Court (en banc)
274 P.3d 562 (2012)

  • Written by Rose VanHofwegen, JD

Facts

Historically, Colorado had never recognized a public-trust doctrine. In 2012, Richard Hamilton and Phillip Doe (defendants) proposed a ballot initiative to adopt a public-doctrine by adding six subsections to the Colorado constitution. The first provision would adopt a “Colorado public trust doctrine” to “protect the public’s interests in the water of natural streams and to instruct the State of Colorado to defend the public’s water ownership rights of use and public enjoyment.” The next two provisions would subordinate contract, property, and appropriative water rights to the “public estate in water.” The fourth provision would allow public access along all natural streams in Colorado up to the high-water mark. The last two subsections provided for enforcement mechanisms and enactment of supplemental and complementary laws. The Colorado Title Board entitled the ballot initiative using language essentially reiterating each provision, and the ballot title and submission clause used identical language phrased in the form of a question. Douglas Kemper (plaintiff) challenged the initiative on the ground that it violated the single-subject rule.

Rule of Law

Issue

Holding and Reasoning (Rice, J.)

Dissent (Hobbs, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Natural Resources

Key Terms