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COUNTY TO BE A “TENTH AMENDMENT SANCTUARY COUNTY”
_________Tenth Amendment Sanctuary County reconfirms County Commissioners authority to deny any action by Federal that is outside of Federal’s Enumerated Powers.
Actions by Federal outside of its Enumerated Powers include: Education, Wolves, ESA (except migratory fowl), EPA, FEMA, historical/most precious jewel land/water designations, WOTUS, Water and Feral Horses.
WHEREAS, the Board of the County Commissioners of _______County, _________, is vested with the authority of administering the affairs of ______ County, including Planning and Zoning and the Economic Development,
WHEREAS, Federal jeopardizes the Economic Development of ___________ County through its repeated trespass and overreach attempts to enforce unconstitutional demands on Water Rights and Property on Federal Lands in ________ County, this Resolution focuses on Water Rights and Property on Federal Lands in particular,
WHEREAS Board has a duty to use its Constitutional Authority to not enforce any Federal request that is outside of Federal’s Enumerated Powers.
WHEREAS, the Tenth Amendment to the United States Constitution a part of the Bill of Rights, ratified on December 15, 1791, protects a states’ inalienable rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.
WHEREAS, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
WHEREAS example: United States v. Lopez (1995), was also a part of a series of Rehnquist Court cases that limited Congress's powers under the Commerce Clause; the Court again ruled that a regulation enacted under the Commerce Clause was unconstitutional.
WHEREAS the Commerce Clause confers a unique position upon the federal government in connection with navigable waters: "The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States...
WHEREAS the state of __________(states west of the 100th Meridian) does not have ‘Navigable’ Waters as defined in Artlll.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has authority over Water in the state of _________, and
WHEREAS ________County in the State of ________ does not have ‘Navigable’ Waters as defined in ArtIII.S2.C1.12, it is the desire of the Board to declare its support of the Tenth Amendment to the United States Constitution and its provisions of that protect the inalienable and individual rights of ________County Citizens to deny any Federal Agency action that is outside of Federal’s Enumerated Powers, and
WHEREAS no waters in _________ County meet the definition of WOTUS, therefore let it be known that no ditch company or individual Water Rights owner need apply for a federal water permit to exercise their right to “beneficial use of water,” and maintenance of old or building of new projects and utilization of Allotment Quantities as historically dated and appropriated,
WHEREAS all Water of every natural stream in the State of ________ and the County of _________ has been appropriated, and
WHEREAS, Colorado Bill of Rights Article II Section 3. “All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property;” which includes the beneficial use of Water and Property on Federal Lands.
WHEREAS, Commissioners each took an oath to support and defend the United States Constitution and the laws of the State of __________ which are not deemed unconstitutional by a court of competent jurisdiction.
BE IT FURTHER RESOLVED that the board reconfirms its authority to not enforce any Federal law not delegated to the United States by the Constitution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of __________ County be, and hereby is, declared to be a “Tenth Amendment Sanctuary County.”
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on ________________________________________
BOARD OF COUNTY COMMISSIONERS
________________COUNTY, __________
