MATTER OF TITLE, BALLOT TITLE, SUB. CL.

No. 95SA121.

898 P.2d 1076 (1995)

In the Matter of the TITLE, BALLOT TITLE, SUBMISSION CLAUSE, and SUMMARY ADOPTED APRIL 5, 1995, by the TITLE BOARD PERTAINING to a PROPOSED INITIATIVE "PUBLIC RIGHTS IN WATERS II." Richard D. MACRAVEY, Ralph Adkins, Fred V. Kroeger, Fred E. Anderson, Rodney F. Kuharich, and Buford F. Rice, Petitioners, v. Richard G. HAMILTON and Jeanne W. Englert, Proponents-Respondents, and Title Board; Honorable Victoria Buckley, Stephen Erkenbrack, and Rebecca Lennahan, members of said board, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 31, 1995.


Attorney(s) appearing for the Case

Fairfield & Woods, P.C., Stephen H. Leonhardt, Jacalyn W. Peter, Denver, for petitioners.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Gen. Legal Services Section, Denver, for respondents.

Richard G. Hamilton, Shawnee, pro se.


Justice MULLARKEY delivered the Opinion of the Court.

The petitioners bring this original proceeding under section 1-40-107(2), 1B C.R.S. (1994 Supp.) to review action taken by the initiative title setting board ("the Board") which fixed a title, ballot title and submission clause, and summary (collectively, "Titles and Summary") for a proposed constitutional amendment designated "Public Rights in Water II" (the "Initiative"). We hold that the Initiative violates...

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