Greeley city council votes on ballot titles for two amendments, Save Greeley’s Water says titles are misleading

By Kelly Ragan

The Greeley City Council voted unanimously at a special meeting Tuesday to set the ballot titles for two amendments to the city’s Home Rule Charter. The two amendments could have major impacts on how the city makes decisions about water in the future. 

The amendments in question were put forward by a group called Save Greeley’s Water, spearheaded by John and Mary Gauthiere. 

If approved, the amendments would give Greeley residents more control over what decisions the city makes regarding water. The move comes after the city approved the Terry Ranch Project. 

Terry Ranch is an aquifer storage project that presents a new way of thinking about water. 

 At the meeting, city attorney Doug Marek explained it is up to city council to set ballot titles. 

“The guiding principles are that the titles must be drafted correctly and fairly to express the true intent and meaning of the proposed amendments,” Marek said. “To do that, council considers the consequences of charter amendments should they pass.”

Marek said the two most important consequences of the ballot titles include requiring a majority of all registered voters (not just the majority of people voting, but of the entire city’s registered electorate) and delays and restrictions to water response. 

The two ballot titles approved by the city read as follows: 

1. Shall the Greeley Home Rule Charter be amended to further restrict the City’s power to sell or lease excess water or infrastructure, including limiting the normal practice of temporary leasing to agricultural or industrial users, and likely increasing water costs and affecting the quality of service, by requiring an outside engineering study for such action, then voter approval by a majority of all registered electors, regardless of turnout, in a special election?

2. Shall the Greeley Home Rule Charter be amended to restrict the City’s acquisition and use of water and its responses to drought and other emergencies, likely increasing water costs and affecting the quality of service, by requiring that the purchase, lease or use of critical portions of Greeley’s existing and future water supply be subject to additional outside engineering analysis and then voter approval by a majority of all registered voters, regardless of turnout, in a special election?

The special meeting Tuesday did not include time for public comment – something Mayor John Gates said he recognized was unpopular with many of the meeting’s attendees. 

“That’s our precedent,” he said, “and we’re not going to break it.” 

In an interview with the NoCo Optimist, John Gauthiere said he believed the ballot titles council approved were prejudiced and misleading. 

“Unfortunately, the ballot titles are in the hands of the adversary – and the city is our adversary here,” he said. 

At the meeting, Mary Gauthiere handed out fliers with alternative ballot titles preferred by Save Greeley’s Water. 

The alternative titles, not approved by city council, read as follows:

1. Shall the home rule charter of the City of Greeley be amended to add section 17-9 to provide that: water rights or water supply and treatment facilities belonging to the City of Greeley may be sold or otherwise permanently disposed of only after the question of such sale has first been submitted to and approved by the registered electors of the City of Greeley?

2. Shall the home rule charter of the City of Greeley be amended to add section 17-10 to provide that: ground water or recycled wastewater may be purchased, leased or provided through the City of Greeley’s water system to the citizens of Greeley for their drinking water or non-potable use only after the question of whether to buy, lease or provide such ground water or recycled waste water has first been submitted to and approved by the registered electors of the City of Greeley?

How do charter petitions work? 

Any citizen or group of citizens can petition for a change to the city’s charter. To do so, folks must circulate a petition and gather signatures from at least 5% of registered voters in the city. 

Save Greeley’s Water did gather enough signatures. 

After that, the city clerk certifies the signatures, and the city sets the ballot title. The ballot titles must then be certified by the county. 

There is a protest process. It requires filing in district court within five days of the setting of the ballot language.