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Tag: Property Rights

Feds own the dams, but who owns the water?
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Rocky Mountain Voice, Approved, Commentary, National

Feds own the dams, but who owns the water?

By Greg Walcher | Commentary, GregWalcher.com A couple years ago, I criticized the Bureau of Reclamation for draining Blue Mesa Reservoir without bothering to tell the people in Gunnison whose livelihood is affected. I got a little push-back for saying that while the Bureau owned the dam, it did not own the water. A close friend and water lawyer told me to be careful, that the Bureau does in fact own some water rights in the Gunnison River. I admit the legal nuance but still insist it is a debatable point. That’s because Congress never funded such water projects for the purpose of the federal government owning and controlling the West’s water. The Colorado River Storage Project Act of 1956 led to construction of Glen Canyon, Flaming Gorge, and Navajo Dams, as well as ...
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The Bill of Rights was written to limit power. One civics lesson explains how.
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Rocky Mountain Voice, State, Top Stories

The Bill of Rights was written to limit power. One civics lesson explains how.

By Jen Schumann | Rocky Mountain Voice “I observed… the more public provisions were made for the poor, the less they provided for themselves, and of course became poorer. And, on the contrary, the less was done for them, the more they did for themselves, and became richer,” Ben Franklin. Bill of Rights Day is often marked with references to free speech, due process and other familiar rights. Less attention is paid to the reason those protections exist at all: to place clear limits on government power. That question sits at the center of a handwritten civics lesson now being shared among homeschool students, one that walks through how the Constitution was designed to restrict government authority, including economic decision-making. Susie Dean, a homeschool civic...
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Home at stake as veteran challenges LPEA easement expansion
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Rocky Mountain Voice, Local, Top Stories

Home at stake as veteran challenges LPEA easement expansion

By Shaina Cole | Contributing Writer, Rocky Mountain Voice Jack Barrett didn’t expect his retirement to look like this. The 80-year-old Navy veteran thought he, and his wife, would spend their later years quietly on the 9.6 acre property they bought outside Pagosa Springs—nearly two decades ago. Instead, Barrett is now fighting La Plata Electric Association over a transmission line upgrade that he says would force a widened utility easement closer to his home—and deeper into his property. “I served my country with honor,” Barrett said. “And I should not have this fight at this time in my life.” LPEA has filed a petition in condemnation to secure easement rights. It would be for project upgrading an existing transmission line from 69kV to 115kV. What began as a technica...
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Elbert County Pushes Back as Xcel Tries to Force Power Line Route Through Private Land
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CBS Colorado, Approved, Local

Elbert County Pushes Back as Xcel Tries to Force Power Line Route Through Private Land

By: Tori Mason, Jaimie Dodge | CBS Colorado Elbert County neighbors have spent years fighting Xcel Energy, and it's not even their utility. Residents say they're exhausted, scared, and furious as Xcel works to push ahead with a transmission project that would cut directly through their land. Residents along the proposed Power Pathway route are still battling the utility over a segment of the 550-mile transmission line that would cross Elbert County. More than 50 people spoke against the project at a public hearing on Tuesday in Kiowa. Commissioners denied Xcel's local permit in June, but the company is now appealing to the Colorado Public Utilities Commission (PUC), which will make the final decision. That ruling isn't expected until April 2026. READ...
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EPA Moves To Clarify Water Rules After Years Of Costly Confusion and Federal Overreach
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The Federalist, Approved, National

EPA Moves To Clarify Water Rules After Years Of Costly Confusion and Federal Overreach

By: Beth Brelje | The Federalist The soon-to-be-replaced significant nexus rule meant a ditch in a rainstorm or pooling water that occurs only in the rainy season could be grounds for the federal government preventing land use. The Trump administration is about to curb an overzealous Obama-era environmental regulation by revising the definition of “Waters of the United States” (WOTUS) under the Clean Water Act. U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin and Adam Telle, assistant secretary of the Army for Civil Works, introduced a proposed WOTUS rule change Monday that is meant to establish a clear, durable definition of the rule that won’t be changed every time a new administration comes in. There will be 45 days of public comment on the propos...
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The County That Said No
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Rocky Mountain Voice, Commentary, Local, Top Stories

The County That Said No

By Sean M. Pond | Guest Commentary, Rocky Mountain Voice There are moments in history when ordinary people must decide if they will remain silent or rise up. If they will be ruled or govern themselves. If they will allow outsiders to rewrite their way of life, or if they will draw a line and say, "This far, and no further." Montrose County just drew that line. I authored and introduced Ordinance 2025-01, a landmark measure that would prohibit the introduction, facilitation, or establishment of non-native animal species in our county. It has passed its first reading and entered a 30-day public review period before coming back for final consideration. And while this ordinance may seem narrow in scope, it represents something far greater. It is a declaration of sovereignty. It is a d...
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Lakewood Officials Push Back on “Single-Family” Claims Amid Zoning Overhaul
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The Denver Gazette, Approved, Local

Lakewood Officials Push Back on “Single-Family” Claims Amid Zoning Overhaul

By Sage Kelley | The Denver Gazette Changes being made to Lakewood’s zoning code have raised questions and ire throughout the community, especially when it comes to the city’s single-family residential districts. Residents have said they want to retain their single-family home neighborhoods. The city never had single-family only residential zoning, according to Mayor Wendi Strom. “The city’s current zone districts often associated mostly with single-family homes already allow several of the following uses: duplexes, group homes, accessory dwelling uses, animal care businesses, bed-and-breakfasts, etc. Lakewood doesn’t currently have a zone district where only single-family home use is allowed,” Strom said in a statement following the 9-2 approval of the zoning changes at a City...
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Do your rights end at my property—or has Colorado left public access unclear?
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GregWalcher.com, Approved, Commentary, State

Do your rights end at my property—or has Colorado left public access unclear?

By Greg Walcher | Commentary, GregWalcher.com John B. Finch, a 19th Century prohibition activist, originated the expression, “your right to swing your arm ends just where my nose begins.” Justice Oliver Wendell Holmes often used similar analogies to argue that personal freedoms do not extend to injuring the safety or property of others. Yet he also upheld limitations on property rights when their exercise would harm the community. That legal dichotomy is at the heart of a long-simmering Colorado dispute, whether one has the right to float on streams that cross private property. It is the subject of “Public Resources on Private Property: Why the right to float is complicated and how Colorado addresses it,” a new report from the Common Sense Institute, which I co-authored with one of m...
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Religious Freedom and Property Rights Collide in Teller County over “Illegal” Greenhouse
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The Colorado Sun, Approved, Local

Religious Freedom and Property Rights Collide in Teller County over “Illegal” Greenhouse

By Jennifer Brown | The Colorado Sun A court battle over the greenhouse hinges on religious freedom, conflict of interest and the state Farm Stand Act. A battle between a Divide couple who built a greenhouse next to their home and Teller County commissioners who want them to tear it down has moved to the courthouse. Commissioners have sued Virginia and Zac Loop, seeking a judge’s order to force the couple to dismantle the 2,856-square-foot rectangular greenhouse where they had planned to harvest mangoes, avocados and other fruits and vegetables that don’t grow at 9,200 feet. The county is seeking $2,000 in initial fees plus $200 per day for every day the greenhouse has stayed up since the Teller County Community Development Department ordered the Loops to take it down. So fa...
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Kerber: How Colorado’s density push is an attack on the single-family home
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The Gazette, Approved, Commentary, State

Kerber: How Colorado’s density push is an attack on the single-family home

By Dave Kerber | Commentary, The Gazette Our neighborhoods and communities are faced with a challenge to the very character of the place we have chosen to live. We live in a unique and astonishing place. People flock to Colorado because of our blue skies, fresh air and mountains. Coloradans have no desire to be New York City. These are two distinct and very different lifestyle choices. Yet, those in charge of Colorado at the moment want to bring that New York density here to Colorado — to change forever what makes Colorado such an incredible place to live and work. As a species, we have always wanted to live and work in larger spaces. It’s human nature. Two hundred years ago, it was common for families to live in a one-room cabin. One hundred years ago, it was normal to have 2-3 peop...
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