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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE CONCURRENT RESOLUTION 1046 |
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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:
3. 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.
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.