Bill Text: AZ SCR1015 | 2011 | Fiftieth Legislature 1st Regular | Engrossed

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Bill Title: Jurisdiction over intrastate waters

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2011-03-02 - Transmit to Senate [SCR1015 Detail]

Download: Arizona-2011-SCR1015-Engrossed.html

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Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE CONCURRENT RESOLUTION 1015

 

 

 

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 the primary responsibility and the right to 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 primary responsibility or exclusive right to prevent, reduce or eliminate pollution, to plan the development and use, including restoration, preservation and enhancement of this state's water resources.

B.  This section does not apply to a federally recognized tribe, nation, band or community of Indians in this state, to any portion of a river or water of this state that is upstream of tribal land and that flows through tribal land or to standing agreements in which tribal governments have compacts for the use of water for sacred ceremonies in lands that are not tribal lands. 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.