REFERENCE TITLE: reserved water rights; exclusion

State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019

HCM 2004

Introduced by Representative Griffin

 

A CONCURRENT MEMORIAL

 

urging the united states congress to exclude federal reserved water rights from any future designation of federal lands in arizona.

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

To the Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, states are the primary authority for allocating, administering, protecting and developing water resources, and are primarily responsible for water supply planning within their boundaries; and

Whereas, states have the ultimate say in managing their water resources and are best suited to speak to the unique nature of water law and hydrology, particularly in western states such as Arizona; and

Whereas, states have primary authority to issue and manage water rights and are responsible for controlling and managing surface water and groundwater located within their boundaries, subject to international treaties, interstate agreements and judicial decrees; and

Whereas, Congress recognized states as the sole authority over non‑navigable waters, including groundwater, and the United States Supreme Court has upheld this authority; and

Whereas, federal reserved water rights apply to waters within various types of federal land designations, including national parks, national forests and wildlife refuges; and

Whereas, federal reserved water rights differ from state appropriated water rights and may take priority over the water rights of individuals whose application dates are established later than the date of the federal withdrawal, even if the individuals are using the water at the time of withdrawal; and

Whereas, the exclusion of federal reserved water rights on any new federal designations in this state would allow Arizona to integrate the federal reserved water rights with the state administratively adjudicated water rights so that water sources can be managed with greater certainty.

Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:

1.  That the United States Congress take steps to require that any new federal areas designated within the State of Arizona include a quantified water right that allows this state to comprehensively manage its water resources.

2.  That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.