Bill Text: AZ HCR2037 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: State authority; nonnavigable, intrastate waters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2015-03-04 - House Committee of the Whole action: Retained on the Calendar [HCR2037 Detail]
Download: Arizona-2015-HCR2037-Introduced.html
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REFERENCE TITLE: state authority; nonnavigable, intrastate waters. |
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State of Arizona House of Representative Fifty-second Legislature First Regular Session 2015
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HCR 2037 |
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Introduced by Representative Barton, Senators Shooter: Pierce
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A CONCURRENT RESOLUTION
proposing an amendment to the Constitution of Arizona; amending the constitution of Arizona by adding article XXXI; relating to state authority over waters of this state.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representative of the State of Arizona, the Senate concurring:
1. Article XXXI, Constitution of Arizona, is proposed to be added as follows if approved by the voters and on proclamation of the Governor:
ARTICLE XXXI. STATE AUTHORITY OVER WATERS OF THIS STATE
1. Limitation on federal regulation of nonnavigable, intrastate waters; prohibition on state expenditures; private right of action; severability
Section 1. A. To preserve the checks and balances of the constitution of the United States, this state hereby exercises its sovereign authority:
1. To prohibit any federal agency or official from enforcing any federal regulation that purports to regulate nonnavigable, intrastate waters or waterways within the boundaries of this state unless that regulation is clearly and manifestly authorized by an act of Congress.
2. To prohibit this state, its agencies and all of its political subdivisions from using any personnel or resources to enforce, administer or cooperate with any federal action or program that purports to regulate nonnavigable, intrastate waters or waterways unless a showing is first made in the courts of this state without deference to any administrative determination and based on clear and convincing evidence that such regulation is absolutely necessary to the exercise of powers expressly delegated to the federal government by the constitution of the united states.
B. This article is enforceable in equity in the courts of this state by any resident of this state without fee, expense or cost shifting to this state.
C. If a provision of this article or its applicability to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
2. Policy and purpose; state jurisdiction
Section 2. A. The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.
B. The Constitution of the United States was meant to reserve to the states exclusive jurisdiction over their respective nonnavigable, intrastate waters and waterways within their boundaries except as expressly delegated to the federal government by the constitution or prohibited by it to the states.
C. The federal government's power to regulate navigable waters cannot constitutionally reach nonnavigable, intrastate waters and waterways that have no significant connection to navigable waters.
D. No enumerated power of the federal government may be applied constitutionally to threaten the continued existence of any state as an autonomous sovereign body.
E. For over one hundred fifty years, Congress generally has adopted a principled deference to the states' exclusive jurisdiction over their respective nonnavigable, intrastate waters and waterways, especially in the field of water law.
F. The continued existence of the states, including this state, as autonomous sovereign bodies requires such exclusive jurisdiction over their respective nonnavigable, intrastate waters and waterways as is necessary and proper to ensure that adequate water supplies are available, developed, maintained and delivered to protect their tax bases, as well as public health and safety.
2. Short title
Article XXXI, Constitution of Arizona, shall be known and may be cited as the "Water is Life Amendment".
3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
