ENROLLED HOUSE
CONCURRENT
RESOLUTION NO. 1027		By:	Enns, Dank, Cooksey, McCullough,		Kern and Ritze of the House

			and

	Justice, Aldridge, Anderson, Ballenger, Barrington, Bass, Bingman, Branan, Brogdon, Brown, Burrage, Coates, Coffee, Crain, Crutchfield, Easley, Ellis, Ford, Garrison, Halligan, Ivester, Johnson (Mike), Jolley, Lamb, Laster, Leftwich, Marlatt, Mazzei, Myers, Newberry, Nichols, Reynolds, Rice, Russell, Schulz, Sparks, Stanislawski, Sweeden, Sykes and Wyrick of the Senate

A Concurrent Resolution opposing proposed federal legislation, S. 787, known as the Clean Water Restoration Act; and directing distribution.

WHEREAS, federal legislation, introduced as S. 787 in the United States Senate by Senator Russ Feingold and known as the Clean Water Restoration Act, has been proposed to clarify which waters are subject to the jurisdiction of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.); and

WHEREAS, this federal legislation seeks to clarify jurisdiction by striking the term "navigable waters" and replacing it with "waters of the United States", which is defined as "all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution"; and

WHEREAS, striking the language "navigable waters of the United States" and replacing it with “waters of the United States” would potentially expand the reach of the federal government beyond what was intended in the Federal Water Pollution Control Act and thereby blur jurisdictional authority to manage and regulate water resources within state and local government jurisdictions; and

WHEREAS, given the ambiguity of the jurisdictional reach of the legislation, the implementation of this amendment to the Federal Water Pollution Control Act may lead to increased litigation and uncertainty among public and private stakeholders, including homeowners, farmers, water districts, and state and federal agencies, among others.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:

THAT the Oklahoma Legislature opposes the proposed federal legislation, introduced as S. 787 in the United States Senate on April 2, 2009, and known as the Clean Water Restoration Act, and urges Congress not to enact this or similar legislation that may be proposed in the future.

THAT copies of this resolution be distributed to the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, and the Oklahoma Congressional Delegation.

Adopted by the House of Representatives the 4th day of May, 2009.

	
Presiding Officer of the House of
	Representatives

Adopted by the Senate the 19th day of May, 2009.

	
Presiding Officer of the Senate