Bill Text: AZ SCR1046 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed


Bill Title: Jurisdiction over intrastate waters

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2010-04-28 - House majority caucus: Do pass [SCR1046 Detail]

Download: Arizona-2010-SCR1046-Engrossed.html

 

 

 

Senate Engrossed

 

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SENATE CONCURRENT RESOLUTION 1046

 

 

 

A CONCURRENT RESOLUTION

 

Proposing an amendment to the Constitution of Arizona; amending article XVII, Constitution of Arizona, by adding section 3; relating to waters.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Whereas, the purpose of this proposition is to protect and secure this state's jurisdiction over all waters of this state, including ephemeral and intermittent waterways by:

(a)  Declaring sole jurisdiction over the right to designate, define and regulate such waters in this state.

(b)  Protecting all existing rights to the use of any of the waters in this state for all useful or beneficial purposes.

Therefore

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1.  Article XVII, Constitution of Arizona, is proposed to be amended by adding section 3 as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE3.  Jurisdiction over intrastate waters

Section 3.  A.  All intrastate waters are regulated by the laws of this state.  No foreign or domestic government, other than the state of Arizona, may claim jurisdiction or regulatory authority over nonnavigable intrastate waters within the borders of this state.

B.  The sole right of defining, designating and regulating nonnavigable intrastate waters within the borders of this state resides with the state of Arizona.

C.  Navigable waters consist of those on which routine, interstate commerce can float on their surface. END_STATUTE

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.

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