REFERENCE TITLE: Colorado River transfers; emergency rulemaking

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

HB 2468

 

Introduced by

Representative Cobb

 

 

AN ACT

 

amending title 45, chapter 1, article 1, Arizona Revised Statutes, by adding section 45-107.02; relating to the department of water resources.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 45, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 45-107.02, to read:

START_STATUTE45-107.02.  Emergency rulemaking; Colorado River water transfers

THE DIRECTOR SHALL adopt AN EMERGENCY RULE PURSUANT TO SECTION 41‑1026 TO IMPLEMENT policies established UNDER SECTION 45-107 TO PROVIDE for the REVIEW AND ADVICE OF THE DIRECTOR ON ANY negotiation, contract and subcontract prescribed in section 45-107, subsections C and D that affect the allocation and use of main stream Colorado River water or the allocation and use of Colorado river water delivered through the central Arizona project.  The rule SHALL:

1.  establish POLICIES AND procedureS to obtain the advice and review of the Director, including public notice and comment regarding each transfer of Colorado River water by whatever means.

2.  describe the criteria and analysis the Department will use to evaluate a PROPOSED TRANSFER, INCLUDING any CONVEYANCE, LEASE OR ASSIGNMENT OF MAIN STREAM COLORADO RIVER WATER.  The Director's advice to and consultation with the Secretary of the interior shall be consistent with the policies, procedures and requirements adopted in the rule.END_STATUTE

Sec. 2.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.