Colorado Proposition DD, Legalize Sports Betting with Tax Revenue for Water Projects Measure (2019)

Colorado Proposition DD
Election date November 5, 2019
Topic Gambling
Status a Approved
Type State statute	Origin State legislature
List of Colorado measuresColorado Proposition CCColorado Proposition DDSubmit

Colorado Proposition DD, the Legalize Sports Betting with Tax Revenue for Water Projects Measure, was on the ballot in Colorado as a legislatively referred state statute on November 5, 2019. It was approved.

A yes vote supported the measure to authorize sports betting in Colorado and authorize the legislature to levy a tax of 10% on those conducting sports betting operations and use revenue to fund state water projects.

A no vote opposed the measure to authorize sports betting in Colorado and authorize the legislature to levy a tax of 10% on those conducting sports betting operations.

Election results

Colorado Proposition DD
Result		Votes	Percentage
Yes		800,745	51.41%
No		756,712	48.59%

Results are officially certified.

Source

Overview

What is sports betting?

Sports betting is the act of wagering on the outcome of athletic sporting events. Sports betting was banned at the federal level under the Professional and Amateur Sports Protection Act (PASPA) until a 2018 United States Supreme Court decision, Murphy v. NCAA, overturned that federal ban and allowed states to legalize sports betting.

The Supreme Court found that PAPSA violated the U.S. Constitution's anti-commandeering doctrine, which states that Congress "lacks the power directly to compel the States to require or prohibit acts which Congress itself may require or prohibit."

What was Proposition DD designed to do?

Proposition DD, (House Bill 1327) authorized sports betting and created a 10% tax on sports betting proceeds to be levied on those who conduct sports betting operations. This measure required voter approval under the Taxpayer's Bill of Rights (TABOR) since it proposes to implement a new tax. According to the fiscal impact statement for the measure, revenue from the 10% tax on sports betting proceeds was expected to generate revenue for the state of around $10 million for Fiscal Year (FY) 2020-21 and was expected to grow to between $13.5 to $15.2 million for FY 2021-22. Revenue generated from the tax on sports betting was designed to be used to create and fund the Water Plan Implementation Cash Fund and was designed to fund expenses related to the administration and regulation of sports betting in Colorado.

The following table shows estimated distribution of sports betting revenue for fiscal year 2020-21:

Estimated distribution	Fiscal year 2020-21	Percentage
Water Implementation Cash Fund	$6,358,939	65.90%
Administrative & regulatory expenses	$2,627,061	27.22%
Hold Harmless Fund	at least $534,000	5.53%
Office of Behavioral Health	$130,000	1.35%

Sports betting by state

As of September 2019, 13 states had active sports betting industries. Voters in Arkansas approved legalizing sports betting through Issue 4 in 2018. In many other states, legislative bills to legalize sports betting have been introduced. An amendment was on the 2020 ballot in South Dakota to authorize wagering on sporting events within the city of Deadwood.

Campaigns for and against Proposition DD

One committee was registered to support Proposition DD: the Yes on Proposition DD. The support campaign reported $3,866,554.44 in contributions and $3,788,071.92 in expenditures.

One committee was registered to oppose Proposition DD: Coloradans for Climate Justice. The committee did not report any campaign finance activity.

Aftermath

In April 2020, the Colorado Gaming Control Commission granted sports betting licenses (including retail, online, supplier, minor vendor, and master licenses) to multiple licensees:

• two venues operated by Century Casinos,
• Roar Digital,
• Smarkets,
• Rush Street Interactive,
• Circa Sports,
• Penn National Gaming,
• Lodge Casino,
• Gilpin Hotel Casino
• Bull Durham Saloon & Casino,
• Red Dolly Casino,
• Sportradar,
• International Game Technology,
• Penn Sports,
• PXP Financial,
• Computacenter Fusionstorm,
• Flexential Colorado,
• Awesomo.com,
• United Tote Company,
• Geocomply Solutions,
• Intercheck Technologies,
• Sightline Payments, and
• Worldpay Gaming Solutions.

Sports betting was set to become legal on May 1, 2020.

Measure design

Click on the arrows (▼) below for summaries of the different provisions of the measure.

Sports betting: Authorizes sports betting at physical locations and online

Proposition DD authorized sports betting at in-person at casinos in the state's three gaming towns (Black Hawk, Central City, and Cripple Creek) and online through internet sports betting operators contracted by casinos. Bets can only be placed by those who are 21 years of age or older.

Bettors are able to place bets on the following sporting events:

• Professional and amateur sporting events (including collegiate sporting events) in which the outcome is not based on chance;
• Professional, collegiate, and sanctioned motorsports events; and
• Olympic sporting events.

Bettors can make the following types of bets:

• Single-game bets;
• Teaser bets;
• Parlays;
• Over-under bets;
• Moneyline bets;
• Pools;
• Exchange wagering;
• In-game wagering;
• In-play bets; and
• Proposition bets (except on collegiate sporting events).

Bettors can not place bets on the following sporting events:

• High school sporting events;
• Video games not sanctioned by a sports governing body; and
• Proposition bets on collegiate events.

The Limited Gaming Commission can allow bets to be placed on other types of sporting events.

Taxes and revenue use: 10% tax on net sports betting proceeds to be used for administration and certain funds including the Water Plan Implementation Cash Fund

Sports betting operators are, under the measure, charged a tax of 10% on their net sports betting proceeds. Net sports betting proceeds are total amount wagered minus the payout to bettors and minus 0.25% federal excise tax levied on the total amount wagered. All revenue was designed to be deposited into the Sports Betting Fund. The revenue was designed to be used first and foremost to fund expenses related to the administration and regulation of sports betting in Colorado. Funds were designed to then be distributed to (a) the Hold Harmless Fund, (b) the Office of Behavioral Health to fund prevention and treatment of gambling addictions or disorders, and (c) the Water Plan Implementation Cash Fund.

According to the Colorado Blue Book's fiscal estimate for the measure, revenue from the 10% tax on sports betting proceeds was expected to generate revenue for the state of up to $29 million for the 2020-21 budget year.

The measure appropriated $1,739,015 to the Department of Revenue for startup and initial operating costs in the 2019-20 state fiscal year to be paid back from the Sports Betting Fund during the next fiscal year.

Hold Harmless Fund

Under Proposition DD, 6% of annual sports betting tax revenue was designed to be allocated to the Hold Harmless Fund. Entities that experience a decrease in revenue attributable to the implementation of sports betting are able to apply annually to receive a distribution from the Fund. Entities that can apply for a distribution are limited to the following:

• the State Historical Fund;
• community colleges;
• the cities of Black Hawk, Central, and Cripple Creek;
• the counties of Gilpin and Teller; and
• any person or entity that benefits from purse funds, including off-track betting sites and the horse breeders' and owners' awards and supplemental purse fund.

If there is not enough money in the Hold Harmless Fund to cover all documented losses, the gaming commission must decrease distributions by a uniform percentage so that each receives a share proportionate to their losses.

Office of Behavioral Health

Under the measure, $130,000 per year was designed to be transferred to the Department of Human Services Office of Behavioral Health to be used as follows:

• $100,000 allocated for prevention, education, and treatment for gambling disorders and addictions; and
• $30,000 allocated to Rocky Mountain Crisis Partners for operating a gambler's crisis hotline.

Water Implementation Cash Fund

Remaining funds in the Sports Betting Fund were designed to be transferred to the Water Plan Implementation Cash Fund and used for the following purposes:

• To ensure compliance with interstate water allocation compacts and apportionment decrees;
• To administer grants (as provided under Senate Bill 19-212) to governmental and/or private entities for (a) water storage and supply projects, (b) conservation, land use, and drought planning projects, (c) water education, outreach, and innovation projects, (d) agricultural water efficiency projects, and (e) environmental and recreation projects.

Licensing and conflicts of interest restrictions: Provisions related to licenses of sports betting operations and entities that may not be or be employed by a sports betting operator/licensee

Licensing

Under the measure, three types of licenses can be granted: (1) a master license, (2) a sports betting operator license, and (3) an internet sports betting operator license.

Master licenses were designed to be granted to facilities within Central City, Black Hawk City, and Cripple Creek City. Sports betting operator licensees and internet sports betting licensees can contract with master licensees to provide sports betting operations.

Under the measure, licenses can be granted to individuals, firms, associations, or corporations; however, those with the following characteristics can not obtain a license:

• being convicted of a gambling-related offense;
• being a professional gambler or promoter;
• being a bookmaker or participating in any form of illegal gambling;
• having an unfit character or reputation;
• being convicted of misrepresenting yourself or fraud; and
• employing people that fit any of the aforementioned disqualifying characteristics.

Conflicts of interest restrictions

The following entities can not be employed by a sports betting operator/licensee:

• an athlete, coach, referee, employee, or the director of a sports governing body or any team that is a member of a sports governing body;
• a sports governing body or any of its member teams;
• an agent, union, or union representative that advocates for players, referees, or other personnel involved in sporting events;
• a person who holds a position of authority that may exert influence over participants in a sporting event;
• a person with access to nonpublic information about any sports event overseen by that person's sports governing body; or
• a person identified by the sports governing body to have potential conflicts of interest.

Employees of the Division of Gaming and members of the Gaming Commission can not participate in sports betting activities since they are considered to hold positions of public trust.

Text of measure

Ballot title

The ballot title for the measure is below:

“

Shall state taxes be increased by twenty-nine million dollars annually to fund state water projects and commitments and to pay for the regulation of sports betting through licensed casinos by authorizing a tax on sports betting of ten percent of net sports betting proceeds, and to impose the tax on persons licensed to conduct sports betting?

”

Colorado Blue Book vote explanation

The Colorado Blue Book, prepared by the Colorado Legislative Council Staff, contained the following explanation of a yes and no vote:

Yes:

“

A "yes" vote on Proposition DD means sports betting will be legal and taxed in the state, with revenue being used to fund water projects and water-related obligations and pay for the regulation of sports betting, a hold harmless fund, and gambling addiction services.

”

No:

“

A "no" vote on Proposition DD means that sports betting will remain illegal in the state and sports betting activities will not be regulated or taxed.

”

Full text

The full text of the measure can be found here.

Readability score

See also: Ballot measure readability scores, 2019

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 26, and the FRE is 11. The word count for the ballot title is 58, and the estimated reading time is 15 seconds.

Support

Yes on Proposition DD led the campaign in support of the measure.

Yes on Proposition DD provided a full list of endorsements on the campaign’s website, which is available here.

Supporters

The following individuals and groups support the measure:

Organizations Colorado River District Environmental Defense Action Fund Western Resource Advocates Denver Water Colorado Chamber of Commerce Action 22 American Rivers Aspen Skiing Company Bell Policy Center Colorado Association of Homebuilders Colorado Association of Mechanical & Plumbing Contractors Colorado Association of Wheat Growers Colorado Business Roundtable Colorado Bankers Association Colorado Cattlemen’s Association Colorado Competitive Council Colorado Concern Colorado Contractors Association Colorado Corn Growers Association Colorado Dairy Farmers Colorado Farm Bureau Colorado Gaming Association Colorado Municipal League Colorado Water Trust Conservation Colorado Economic Development Council of Colorado Environmental Defense Fund Greenway Foundation Outdoor Industry Association ProgressNow Colorado RepYourWater Rio Grande Basin Roundtable Rocky Mountain Farmers Union Trout Unlimited Veterans for Peace Western Resource Advocates Elected officials State senators: John Cooke (R) Don Coram (R) Kerry Donovan (D) Dominick Moreno (D) Kevin Priola (R) Jack Tate (R) Nancy Todd (D) State representatives: Adrienne Benavidez (D) Shannon Bird (D) Rod Bockenfeld (R) Monica Duran (D) Matt Gray (D) Tracy Kraft-Tharp (D) Lois Landgraf (R) Colin Larson (R) Larry Liston (R) Julie McCluskie (D) Patrick Neville (R) Janice Rich (R) Dylan Roberts (D) Matt Soper (R) Brianna Titone (D) Kevin Van Winkle (R) Dave Williams (R) Ken Salazar, former Secretary of Interior

Sponsors in the Legislature

This measure was introduced by Representatives Alec Garnett (D-2) and Patrick Neville (R-45) and Senators Kerry Donovan (D-5) and John Cooke (R-13).

Arguments

• Yes on Proposition DD said, "Colorado’s population is expected to double by 2060 and, at current usage rates, our water supply will not keep up with that growth. With these pressures mounting, it is critical that we conserve and protect our water resources to ensure that there is enough water for everyone. Proposition DD implements a $29 million tax on casinos’ sports-betting proceeds to fund a systematic and bipartisan effort to preserve Colorado’s water future... the vast majority of the proceeds —93% in all— will be used as a down payment to fund 'Colorado’s Water Plan'. Proposition DD ... [uses] proceeds from a tax on casino sports betting to protect and conserve our water resources."

• Measure sponsor Rep. Alec Garnett (D-2) said, "Coloradans should have the option of betting on the Nuggets or the Broncos. This new funding will go toward protecting our precious water and we believe this is something everyone can support. I also hope this measure will help stamp out black market sports betting and thank my colleagues on both sides of the aisle for their support."

Official arguments

The supporting arguments provided for this measure in the Colorado 2019 Blue Book were as follows:

“

1) Water is a scarce resource in Colorado, and demand will continue to increase as the state’s population grows. Colorado’s economy and way of life, from urban cities to agricultural communities, will suffer if the state cannot meet its water demands. Revenue from taxes on legalized sports betting would provide much-needed financial support to protect the state’s water resources. 2) Many Coloradans bet on sporting events now, but because that activity is illegal, they use black market bookies and websites, which are not subject to oversight or regulation. Legalizing sports betting in Colorado will create consumer protections for people who place sports bets, ensuring that they receive their winnings and do not fall victim to fraud or abuse.

”

Campaign advertisements

The following videos were released by Yes on DD:

Title: "Prop DD -- Conservationist"

Title: "Prop DD -- Cattleman"

Opposition

Coloradans for Climate Justice led the campaign in opposition to the measure.

Opponents

• Save the Colorado
• Libertarian Party of Colorado
• State Sen. Jerry Sonnenberg (R)

Arguments

• Save the Colorado argued that the measure would "legalize sports betting in Colorado to pay for new river-destroying dams supported by the Colorado Water Plan." Gary Wockner, Director of Save the Colorado and Coloradans for Climate Justice, said, "This ‘Gambling For Dams’ bill is a climate-denying, river-destroying scheme pure and simple. To think that Colorado can dam its way out of climate change is a gamble of the highest stakes."

• The Libertarian Party of Colorado wrote, "This is a convoluted mess of a bill that attempts to establish a full regulatory scheme for sports betting under the umbrella of the gaming commission rules for limited-stakes gambling already in effect. While that in itself makes sense, the libertarian argument is against such regulations as an overreach of government into the activities of private consenting adults. ... the premise of making the tax be self-funding for the regulation with the excess going to state welfare programs for gambling problems and then to the state water plan, which has nothing to do with interstate water compacts and similar non-gambling issues, is the government equivalent of a pickpocket asking his victim to voluntarily hand the pickpocket the victim’s wallet. It would make far more sense to legalize and regulate the sports betting separate from the tax proposal."

• State Sen. Jerry Sonnenberg (R) said, "On the surface this seems great: we need to make sure we have funding available to build storage and keep Colorado’s water in Colorado. Except, just like Prop CC, the legislature can raid funds set aside for water and use them for something else. And they have in the past – since 2002, $322 million specified for water projects has been spent elsewhere."

Official arguments

The opposing arguments provided for this measure in the Colorado 2019 Blue Book were as follows:

“

1) Proposition DD puts no limits on the amount a person can bet on sports, making it easy to lose a lot of money with just the touch of a button on a smartphone. Of the millions in potential revenue, only $130,000 each year is dedicated to gambling addiction services, and this amount does not grow with an increase in sports betting activity. This small amount of money may not be enough to help people who are harmed by the legalization of sports betting in Colorado. 2) Proposition DD tries to tackle Colorado’s water needs without providing enough detail or money. Specific water projects are not identified, and some may have potential unintended consequences for the environment and some communities. Additionally, Proposition DD will pay for only a portion of the Colorado Water Plan.

”

Media editorials

See also: 2019 ballot measure media endorsements

Support

• The Journal-Advocate: "It’s not that we’re all that enthusiastic about sports betting in Colorado... What we are vitally interested in, however, is ensuring the future of irrigation water to support Colorado’s agriculture economy, and Prop DD will go a long way toward doing that. If passed, the new law will allow sports betting in Colorado and then tax it to the tune of more than $6 million a year to help develop water storage and conservation projects. Colorado’s Water Plan is a guidebook, a road map to preserving and building future water supplies. It’s useless, however, without funds to do the necessary studies and engineering to assure success with any water storage project. For that reason we heartily endorse Proposition DD and encourage all Coloradans to vote for it."

• Grand Junction Daily Sentinel: "Proposition DD wouldn't fund the state's water plan in its entirety. But it would provide an important down payment for water projects statewide that support water conservation, river health, agriculture and more. These projects are critical to begin addressing the gap between water supply and demand in the face of a growing population and climate change."

• The Pueblo Chieftain: "Unless you have a moral objection to gambling, this is an easy one. This would bring at least some of the sports betting that’s occurring illegally out of the shadows and provide tax revenue that would help address another of our state’s critical future needs."

• The Daily Camera: "States throughout the country rapidly are moving toward such legalization, and the Daily Camera Editorial Board recommends that Colorado join them. ...One can oppose new dams and support Proposition DD at the same time. The Editorial Board recommends that voters approve the ballot measure and consider the dam debate as a separate matter."

• The Steamboat Pilot & Today: "DD, if approved, will provide a dedicated, predictable revenue stream to help address Colorado’s future water needs. ... Sports betting is going to happen whether DD is approved or not, and we believe it’s smart for Colorado to tax it and use that revenue to fund water projects. ... DD won’t provide the $20 billion needed to meet all of Colorado’s water demands, but it does create a significant down payment that can be leveraged in a big way."

• The Journal: "We are not concerned with vice or the morality of sports betting, just as we do not worry about lotteries. People do more harmful and allowable things, and we believe they will wager on sports whether or not the state allows, regulates and taxes it. Some of the proceeds from taxing Colorado sports betting will go to fund the state’s Water Plan, which is another pro argument."

Opposition

• Boulder Weekly: "We don’t care if you gamble on sports. We might have even supported this proposition if it were a stand-alone betting on sports proposition. ... All we ask is that you don’t destroy Colorado’s fragile natural environment in the process. And that is what Prop DD will do if passed. Ask yourself this: What is a water project or a water commitment? We don’t know either because that is dangerously vague language. Could be anything, right? The TV commercials would have you believe Prop DD is some kind of fundraiser for open space and saving our pristine lakes and rivers. But Prop DD is actually a plan to build more dams on our rivers and more reservoirs that can be used to support more development, more suburban sprawl and more wasteful green lawns in subdivisions. ...Or put another way, how would you feel if we told you that Mr. Fracking, the oil and gas trickster himself, Josh Penry was a consultant pushing for the passage of Prop DD? Makes you wonder why that is, doesn’t it? "

Polls

See also: Ballotpedia's approach to covering polls and 2019 ballot measure polls

BettingUSA.com conducted a survey of 5,000 Coloradans via Google Surveys asking the following question:

“

In November, Colorado voters will vote on whether or not to legalize sports betting. If that vote was being held today, would you vote YES or NO?

”

Poll results are displayed below:

Colorado Proposition DD
Poll	Support	Oppose	Unsure	Margin of error	Sample size
BettingUSA.com Poll 6/2/19 - 6/5/19	29.0%	31.5%	39.5%	+/-1.3	5,000
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through November 30, 2019.

Total campaign contributions:
Support:	$3,866,554.44
Opposition:	$0.00

One committee was registered to support Proposition DD: the Yes on Proposition DD. The support campaign reported $3,866,554.44 in contributions and $3,788,071.92 in expenditures.

One committee was registered to oppose Proposition DD: Coloradans for Climate Justice. The committee did not report any campaign finance activity.

Support

Committees in support of Proposition DD Supporting committees Cash contributions In-kind services Cash expenditures Yes on Proposition DD $3,841,129.41 $25,425.03 $3,762,646.89 Total $3,841,129.41 $25,425.03 $3,762,646.89

Totals in support Total raised: $3,866,554.44 Total spent: $3,788,071.92

Top donors

The following were the top five donors to the support campaign.

Donor	Amount
Fanduel	$1,350,000.00
Draft Kings	$1,362,405.00
Twin River Hotel & Casino	$350,000.00
Colorado Gaming Association	$175,780.00
Casino Holdings, Inc- Brass Ass Casino	$100,350.00

Opposition

Committees in opposition to Proposition DD Opposing committees Cash contributions In-kind services Cash expenditures Coloradans for Climate Justice $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00

Totals in opposition Total raised: $0.00 Total spent: $0.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

2018 Supreme Court ruling on sports betting

In 2017, the U.S. Supreme Court heard arguments in a case, Murphy v. NCAA (originally Christie v. NCAA), regarding the legality of legislation authorized by Public Question 1. On May 14, 2018, the U.S. Supreme Court ruled 7-2 that the federal government could not require states to prohibit sports betting, thereby overturning the federal ban on sports betting and allowing states to legalize sports betting if they wish.

The Professional and Amateur Sports Protection Act (PASPA) and Murphy v. NCAA

See also: Murphy v. NCAA

Murphy v. NCAA (originally Christie v. NCAA) was a case about the anti-commandeering doctrine, which is based on the Tenth Amendment to the United States Constitution and dictates that Congress cannot commandeer state governments to enforce federal law. The question, in this case, was whether the Professional and Amateur Sports Protection Act (PASPA), a federal law that prohibits states from authorizing sports gambling, violated the anti-commandeering doctrine.

The United States Congress passed PASPA in 1992. The act prohibited any governmental entity, including states, from sponsoring, operating, advertising, promoting, licensing, and/or authorizing by law any wagering scheme on amateur or professional team games. However, PASPA contained certain exemptions. One of those exemptions allowed New Jersey to enact a sports gambling scheme if the scheme were written into law within one year of PASPA's enactment. At that time, New Jersey declined to implement such a scheme, and the one-year exemption under PASPA expired.

Then, in 2011, New Jersey voters approved an amendment to the New Jersey Constitution authorizing the legislature to legalize betting on the results of professional, college, and amateur sporting events.

Based on the amendment, New Jersey passed the Sports Wagering Act of 2012. The law provided for regulated sports wagering in New Jersey's casinos and racetracks and established a state regulatory scheme for sports wagering in the state. Four professional sports leagues (the National Football League, Major League Baseball, the National Basketball Association, and the National Hockey League) and the National Collegiate Athletic Association (NCAA) (referred to together as the leagues) filed a lawsuit in federal court to stop enforcement of the New Jersey law, arguing that it violated PASPA. In response, New Jersey acknowledged that the law violated PASPA, but argued that PASPA violated the anti-commandeering doctrine and was therefore unconstitutional.

States with sports betting

As of November 2019, 13 states had active sports betting industries. The following map shows the status of sports betting in each state.

Sports betting on the ballot

2018

Voters in Arkansas approved legalizing sports betting through Issue 4 in 2018 by defining casino gaming to include wagering on sporting events. Voters in Louisiana approved a measure in 2018 that allowed online fantasy sports contests in which participants could win prizes.

Gambling in Colorado

Going into the election, there were about 40 casinos in Colorado as of 2019. The casinos were located in three towns: Central City, Cripple Creek, and Black Hawk. American Indian tribes also ran casinos in the towns of Ignacio and Towaoc. Legalized gambling activities included poker, slots, craps, and roulette.

Colorado Water Plan

Most of the tax revenue from this amendment (nearly 66% for the fiscal year 2020-21) was designed to be used to fund the Water Implementation Cash Fund for Colorado's Water Plan. The Water Plan was designed to preserve and conserve water in the state while experiencing population growth. The following is an excerpt from the executive summary of Colorado's Water Plan published by the state:

“

Our population has ballooned from 1 million in 1930 to over 5 million today, and could nearly double by 2050. Sustaining this growth requires water. While we grow at this pace, how do we preserve what we love about our state? ... Only one-tenth of 1 percent of the state’s budget goes toward natural resources, including loans for water projects. While we estimate $20 billion in financial need in the areas of water supply, water infrastructure, recreation, and the environment over the next 30 years, water providers have plans in place to meet much of this need. Because our water is too important to fail, the State will continue to work with water users and stakeholders to ensure financing options are available for water projects.

”

A newer cost estimate released in August 2017 projected that implementation of the Water Plan could cost $40 billion.

The Colorado Water Plan itself did not include any plans for specific projects.

The plan was designed to be implemented collaboratively by basin roundtables, local governments, water providers, the general public, and other stakeholders. As of 2019, basin roundtables were groups of about 50 members that represent each of Colorado's eight major river basins and the Denver area, which "facilitate discussions on water management issues and encourage locally driven collaborative solutions."

The basin roundtables were required to develop plans consisting of the following four components:

“

consumptive water needs (municipal, industrial and agricultural); nonconsumptive water needs (environmental and recreational); available water supplies (surface and groundwater) and an analysis of any unappropriated waters; and proposed projects or methods to meet any identified water needs and achieve water supply sustainability over time.

”

As of 2019, the basins and a list of their major projects and programs were as follows:

Basin roundtables: major projects and programs
Basin roundtable	Major projects and programs
Arkansas	Southern Delivery System ­ Conduit ­ Preferred Storage Option Plan (PSOP) ­ Super Ditch
Colorado	Old Dillon Reservoir ­ Acquisition of Vail Ditch by Grand County Interests ­ Enlargement of Eagle Park Reservoir
Gunnison	Lake San Cristobal ­ Paonia Reservoir Sedimentation Removal
Metro	Denver Water’s Moffat Supply Project Chatfield Reallocation Prairie Waters and WISE Partnership Reuter Hess Reservoir Conservation
North Platte	Town of Walden Water Supply
Rio Grande	Groundwater Sub-districts ­ Rio Grande Reservoir enlargement
South Platte	Northern Integrated Supply Project­ Windy Gap Halligan-Seaman
Southwest	Dry Gulch Reservoir ­ Animas-La Plata Project ­ Long Hollow Reservoir ­ La Plata Archuleta Water District
Yampa/White	Stagecoach Reservoir Enlargement ­ Morrison Creek Reservoir ­ Elkhead Reservoir Enlargement ­ Alluvial Wells ­ Yampa/White Education and Outreach Initiative: Water Forums, Workshops and Tours

Water plan measurable objectives

The measurable objectives of the water plan are below:

• reduce the supply-and-demand gap from 560,000 acre-feet to zero acre-feet by 2030 through "increased efforts on conservation, storage, land use, alternative transfer methods, and reuse"
• achieve 400,000 acre-feet of municipal and industrial water conservation by 2050;
• ensure that by 2025, 75% of Colorado residents will live in areas that have included water-saving actions in land-use planning through a partnership among water providers, local governments, and other agencies;
• ensure that "agricultural economic productivity will keep pace with growing state, national, and global needs, even if some acres go out of production" through collaborating with the agriculture community and aiming to share 50,000 or more acre-feet of agricultural water using voluntary alternative transfer methods by 2030;
• acquire 400,000 acre-feet of water storage by 2050 and addressing "a broken permitting system that currently produces uncertainty and fosters mistrust among all stakeholders;"
• ensure that by 2030, 80% of locally prioritized lists of rivers have stream management plans and 80% of critical watersheds have watershed protection plans;
• raise additional revenue to fund the water plan in the amount of $100 million per year beginning in 2020; and
• raise public awareness and engagement concerning water issues by 2020 using water awareness surveys and education/outreach efforts.

Water Plan 2019 technical update

An analysis and technical update to the Water Plan was released in September 2019, which "establishes a new approach to statewide water analysis and data sharing" and "provides a significant improvement in the scope, science, and approach to water supply planning." The analysis and technical update to the water plan was designed to give insight to basin roundtables as they update their project lists and plans to implement goals in the Water Plan. The analysis and update can be found here.

Colorado Water Plan Conservation Board

The Colorado Water Plan was developed by the Colorado Water Conservation Board (CWCB) following a 2013 executive order from Gov. John Hickenlooper (D) directing the board to create the Colorado Water Plan. The final plan was delivered to the Governor's office on November 19, 2015.

The CWCB was created in 1937 for the purpose of "aiding in the protection and development of the waters of the state, for the benefit of the present and future inhabitants of the state."

CWCB Board and staff

As of 2019, the CWCB was governed by a board of 15 members who serve three-year terms. Members were either nominated or apply to serve on the board. Members were appointed by the governor and confirmed by the senate. The ten voting members consisted of the Department of Natural Resources Executive Director, a member representing the city and county of Denver, and eight members representing major water basins: South Platte, North Platte, Arkansas, Rio Grande, Gunnison/Uncompahgre, Colorado Mainstem, Yampa/White, and the Southwest Basin. Five non-voting members consisted of the state engineer, the attorney general, the director of the Division of Parks and Wildlife, and the commissioner of agriculture. No more than five appointees could be members of the same political party. The CWCB had 51 staff members as of October 2019.

Colorado Taxpayer Bill of Rights (TABOR)

This measure required voter approval under TABOR since it was designed to implement a new tax.

The TABOR Amendment requires statewide voter approval of tax increases. The Colorado Taxpayer Bill of Rights was passed in 1992 as Initiative 1 by a vote of 53.68% to 46.32%. The measure was spearheaded by Colorado activist Douglas Bruce (R).

TABOR limits the amount of money the State of Colorado can take in and spend. It limits the annual increase for some state revenue to inflation plus the percentage change in state population. Any money collected above this limit is refunded to taxpayers unless the voters allow the state to spend it. Referendum C of 2005 asked voters if the state may spend money it collects above the limit on health care, public education, transportation projects, and local fire and police pensions. It was approved.

When state voters approve a tax increase or other revenue change, the resulting revenues are exempt from the TABOR limit on fiscal year spending. Below is a chart by the Colorado Legislative Council Staff detailing revenue limits under TABOR:

TABOR ballot measures

Since 1992 when TABOR was adopted through 2018, Colorado voters have decided on 19 ballot measures that would have increased revenue for the state as required by TABOR. The subjects of the 19 measures were as follows:

• Four measures asked voters if the state could retain revenue that would have otherwise been refunded to taxpayers under TABOR;
• Four measures asked voters to adopt a new tax;
• Two measures asked voters to eliminate a tax exemption;
• Eight measures asked voters to adopt a tax increase; and
• One measure asked voters to adopt a tax increase and eliminate a tax exemption.

Four (21%) of the 19 measures were approved while 15 (79%) were defeated.

The four measures that were approved were as follows:

• Colorado Tobacco Tax Increase for Health-Related Purposes, Initiative 35 (2004);
• Colorado State Business Income Tax Deduction Limit, Referendum H (2006);
• Colorado Proposition AA, Taxes on the Sale of Marijuana (2013); and
• Colorado Marijuana TABOR Refund Measure, Proposition BB (2015).

In addition to the above measures, Referendum C, approved by voters in 2005, authorized the state to retain and spend all of the money it collected above the TABOR limit on healthcare, public education, transportation projects, and local fire and police pensions for five years beginning with fiscal year (FY) 2005-06. After the five-year period, referred to as "the timeout period," Referendum C authorized the state to permanently retain and spend revenue up to a cap, referred to as "the Referendum C cap" (equaling FY 2007-08 revenues adjusted by inflation plus population growth), beginning in FY 2010-11.

Path to the ballot

See also: Laws governing the initiative process in Colorado

The state process

In Colorado, a legislatively referred state statute must be passed by a simple majority vote in each chamber of the state legislature. Legislatively referred measures do not need to be signed by the governor, but governor Jared Polis (D) signed the measure on May 29, 2019. Due to the Colorado TABOR, statewide voter approval is required to enact any legislation to increase government revenue at a faster rate than the combined rate of population increase and inflation.

House Bill 1327 was introduced in the House on April 18, 2019. It passed in the House in a vote of 58-6 on April 24, 2019. The bill passed in the Senate by a vote of 27-8 on May 3, 2019.

Vote in the Colorado House of Representatives April 24, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 33  a
	Yes	No	Not voting
Total	58	6	1
Total percent	89.2%	9.2%	1.53%
Democrat	36	4	1
Republican	22	2	0

Vote in the Colorado State Senate May 3, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  a
	Yes	No	Not voting
Total	27	8	0
Total percent	77.14%	22.86%	0.00%
Democrat	16	3	0
Republican	11	5	0

How to cast a vote

See also: Voting in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.

Registration requirements

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of August 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“

The following documents are acceptable forms of identification: A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.) A valid U.S. passport. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado. A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S. A valid U.S. military identification card with a photograph of the eligible elector. A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. A Certificate of Degree of Indian or Alaskan Native Blood. A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services. A certified copy of a U.S. birth certificate for the elector. Certified documentation of naturalization. A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.. A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector. A valid identification card issued by a federally recognized tribal government certifying tribal membership. Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification. The following documents are also considered acceptable forms of identification for voting: Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S. Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.

”

• Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

2019 measures

• 2019 ballot measures
• Gambling on the ballot
• Taxes on the ballot
• 2019 petition deadlines

Colorado

• Colorado ballot measures
• Colorado initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• HB 1327 overview
• HB 1327 full text
• Colorado 2019 Blue Book
• Colorado Senate Bill 19-212.
• Gov. John Hickenlooper (D), Executive Order D 2013-005
• Colorado Water Conservation Board
• Colorado Water Plan website
• Colorado Water Plan