Bill Text: AZ HJR2001 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Lower Colorado drought contingency agreement
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-02-08 - House read second time [HJR2001 Detail]
Download: Arizona-2018-HJR2001-Introduced.html
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REFERENCE TITLE: lower Colorado drought contingency agreement |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HJR 2001 |
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Introduced by Representatives Toma: Bowers
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A JOINT RESOLUTION
ratifying an agreement among the lower Colorado river basin states and water users.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Whereas, the State of Arizona maintains a sovereign interest in the waters of the Colorado River, represented by the contract between the United States of America and the State of Arizona that was executed February 24, 1944 and ratified by the Legislature in Laws 1944, Chapter 4; and
Whereas, the State of Arizona's rights in the Colorado River were further confirmed by the decree of the United States Supreme Court in the matter of Arizona v. California, 376 U.S. 340 (1964), including the right to divert 2.8 million acre-feet of Colorado River water for consumptive use within the State of Arizona in normal years, plus forty-six percent of any surplus water made available by the secretary of the interior under the terms of the decree; and
Whereas, the State of Arizona recognizes that benefits to the Colorado River mainstream accrue to Arizona water users from the voluntary reduction in deliveries of Colorado River water to certain users in Arizona, California and Nevada, as described in the Lower Colorado River Basin Drought Contingency Agreement; and
Whereas, the likelihood of Lake Mead falling below critical elevations has increased substantially in recent years; and
Whereas, it is in the long‑term interest of the State of Arizona to forego delivery of limited quantities of water in years when the elevation of Lake Mead may fall below critical elevations, even though the State of Arizona would be legally entitled to such deliveries under the terms of the 1944 Colorado River water contract and the decree in Arizona v. California; and
Whereas, the effectiveness of such an agreement is dependent on approval by the Arizona Legislature by concurrent resolution under section 45-106, Arizona Revised Statutes; and
Whereas, the State of Arizona must act both through the Arizona Legislature and the Governor by this joint resolution to temporarily forego a contractual right accruing to the benefit of the state under the 1944 Colorado River water contract and its sovereign rights accruing under the decree in Arizona v. California; and
Whereas, it is in the best interest of the State of Arizona to enter into the agreement provided below.
Therefore
Be it resolved by the Legislature of the State of Arizona:
1. That the State of Arizona shall waive its sovereign and contractual rights to the use of certain quantities of surplus water from the Colorado River that would otherwise be available for consumptive use within the State of Arizona under the 1944 Colorado River water contract and the decree in Arizona v. California on the following conditions:
(a) That the State of Arizona enforce the contract in accordance with its terms, unless the contract is supplemented, amended or modified.
(b) That, except as provided in the contract, no supplement, amendment or modification shall be effective unless ratified and approved by the Arizona Legislature.
2. That this action is being taken in response to unique and extraordinary circumstances.
3. That the contract authorized and approved in this joint resolution is as follows:
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