specially concurring:
Although I agree with the result reached by the majority, I write separately to emphasize the narrowness of the issues decided here. The court of appeals did not have jurisdiction to review the constitutional issues in this case. Section 13-4-102(l)(b), 6A C.R.S. (1987). We granted certiorari to consider the constitutional issues addressed by the district courts in Eagle and Grand Counties. By summary judgment, both district courts upheld the constitutionality of the Land Use Act. The court of appeals opinion addresses only issues relating to interpretation of the Land Use Act. City & County of Denver v. Board of County Comm’rs, 760 P.2d 656 (Colo.App.1988). We limited review on certiorari to four narrowly defined issues:
1. Does the Colorado Land Use Act, §§ 24-65.1-101 to -502, 10 C.R.S. (1982), violate art. V, § 1, of the Colorado Constitution because the Act constitutes an unconstitutional delegation of law-making authority to the counties?
2. Does the Colorado Land Use Act, §§ 24-65.1-101 to -502, 10 C.R.S. (1982), violate art. XX, §§ 1 and 6, of the Colorado Constitution by impermissibly infringing upon the exercise of Denver's home rule powers?
3. Are Denver’s water diversion projects in Eagle and Grand Counties exempt from land use regulation because of §§ 24-65.1-105 to -107, 10 C.R.S. (1982)?
4. Are Denver’s water diversion projects in Eagle and Grand Counties exempt from land use regulation because of the Colorado Planning Statute, § 30-28-110(l)(e), 12 A C.R.S. (1986)?
We granted certiorari on the constitutional issues to consider only whether the delegation of legislative power by the General Assembly in the Land Use Act violated article V, section 1, or article XX of the Colorado Constitution. The reasonableness or validity of the regulations promulgated by Grand County or Eagle County pursuant to the Land Use Act is not before us, since the petitioners did not invoke or pursue the administrative process in either county before bringing these declaratory judgment actions.
The question before us on this facial challenge to the Act, therefore, is whether the petitioners have proven beyond a reasonable doubt that the Land Use Act is unconstitutional under either article V, section 1, or article XX of the Colorado Constitution. Lloyd A. Fry Roofing Co. v. Department of Health, 179 Colo. 223, 227, 499 P.2d 1176, 1178 (1972). The petitioners have failed to meet this heavy burden and for that reason I would affirm the district courts. As the majority states, the delegation of legislative authority issue involves matters of both local and statewide interest. Insofar as the projects at issue are a matter of local concern to both Denver and Eagle and Grand Counties, the delegation of legislative authority to a political subdivision of the state such as a county is not prohibited. Asphalt Paving Co. v. Board of County Comm’rs, 162 Colo. 254, 261, 425 P.2d 289, 292-93 (1967).
I would also conclude that the petitioners have not proven beyond a reasonable doubt that the statutory standards and procedures, in combination with the administrative standards and safeguards, will not adequately protect against the unnecessary and uncontrolled exercise of discretionary power. Cottrell v. City & County of Denver, 636 P.2d 703, 709-10 (Colo.1981).
In addition to being of local concern, however, I also agree that the projects here involve matters of statewide interest. Thus, the Land Use Act does not, on its face, violate Colo. Const. art. XX, which gives Denver as a home rule city certain powers over matters of purely local concern. City & County of Denver v. Eggert, 647 P.2d 216, 226-27 (Colo.1982). Accordingly, I specially concur with the majority in affirming the declaratory judgment up*768holding the constitutionality of the Land Use Act in this case, and the interpretation of the Land Use Act by the court of appeals that we elected to review on certiora-ri.