Bill Text: AZ SCR1024 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Intrastate water resources; state sovereignty
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-14 - Transmitted to Secretary Of State [SCR1024 Detail]
Download: Arizona-2011-SCR1024-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE CONCURRENT RESOLUTION 1024 |
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A concurrent resolution
supporting state sovereignty over intrastate water resources.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Whereas, the Tenth Amendment of the United States Constitution preserves powers not delegated to the federal government for the states, establishing federalism and state sovereignty as integral founding principles of American government; and
Whereas, the United States Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, (2001) and Rapanos v. United States, (2006) held that the Federal Water Pollution Control Act, known as the Clean Water Act, did not intend to grant federal authority over intrastate waters, and that these waters are not subject to regulation under the interstate commerce clause of the United States Constitution; and
Whereas, United States Senate Bill 787 and United States House of Representatives Bill 5088 (2009) would have expanded the Clean Water Act's jurisdiction from "navigable waters of the United States" to "waters of the United States" and defined "waters of the United States" to mean "all other waters, such as intrastate lakes, rivers, streams including intermittent streams, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds"; and
Whereas, this definition grants the United States Environmental Protection Agency broad and vague flexibility to interpret federal jurisdiction expansively, which it attempted to do under the current law and with which the Supreme Court disagreed; and
Whereas, these bills represented a clear attempt by the federal government to deprive states of their jurisdiction over intrastate waters and place all water resources under the control of the federal government; and
Whereas, legislation such as this would severely diminish state sovereignty over natural resources and would detrimentally involve the federal government in an inefficient and cumbersome effort to regulate highly localized water resources such as abandoned pits and ponds; and
Whereas, legislation such as this would also impact a federally recognized tribe, nation, band or community of Indians in this state with regard to use of rivers and waters that are upstream of tribal land, that flow through tribal land or waters that are not on tribal lands but, by compact, may be used for sacred ceremonies; and
Whereas, jurisdiction over intrastate water resources is a role traditionally held by individual state governments in order to promote efficient and effective usage.
Therefore
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. That the Members of the Legislature support the continued sovereignty and jurisdiction of the states to regulate intrastate water resources and oppose any attempt by the federal government to diminish this jurisdiction unnecessarily.
2. That the Secretary of State of the State of Arizona transmit copies of this Resolution to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.
