PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2553
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 45-107, Arizona Revised Statutes, is amended to read:
45-107. Cooperation with the secretary of the interior of the United States; applicability
A. The director is authorized, for and on behalf of the state of Arizona, to consult, advise and cooperate with the secretary of the interior of the United States, as follows:
1. In the exercise of any authority conferred upon the secretary of the interior under the provisions of sections 4, 5 and 14 of the act commonly known as the Boulder Canyon project act (43 United States Code sections 617 through 617t), as contemplated and provided in section 16 of the Boulder Canyon project act.
2. In respect to the authority of the secretary of the interior to contract for the delivery of water of the main stream of the Colorado river for use within the state of Arizona.
3. In respect to all powers and duties of the secretary of the interior under the provisions of that certain contract between the United States of America, acting by Harold L. Ickes, secretary of the interior, and the state of Arizona, acting by the Colorado river commission, entered into on the 9th day of February, 1944, pursuant to chapter 46 of the 1939 session laws of Arizona, and approved by chapter 4 of the 1944 session laws of Arizona.
4. In respect to the exercise by the secretary of the interior of any authority relative to the water of the Colorado river conferred upon the secretary of the interior by the provisions of any legislation enacted by the Congress of the United States of America.
5. In respect to the development, negotiation and execution of interstate banking agreements in accordance with chapter 14 of this title.
B. The powers and duties of the director authorized by this section shall be limited and restricted to only that quantity of water which may be available for use in the state of Arizona, after the satisfaction of all existing contracts between the secretary of the interior and users in the state of Arizona for the delivery of water of the main stream of the Colorado river, and shall not extend to any such contracts, any amendments or supplements thereto, or to any federal statute enacted before June 21, 1962 pertaining to any federal reclamation project within the state of Arizona constructed and using water of the main stream of the Colorado river before June 21, 1962. Nothing shall be done under the authority of this section which will impair existing rights in the state of Arizona for the diversion and use of Colorado river water.
C. The privilege and right of individuals, irrigation districts, corporations, state departments, agencies, boards, commissions or political subdivisions of the this state of Arizona to negotiate and directly contract with the secretary of the interior for the delivery of water of the main stream of the Colorado river for use within the state of Arizona and to negotiate and subcontract with the secretary of the interior and a multi-county water conservation district for the delivery of Colorado river water through the central Arizona project for use within the state of Arizona, and all rights under such contracts or subcontracts shall not be affected by the provisions of this section, except as provided in subsection D of this section.
D. Individuals, irrigation districts, corporations, state departments, agencies, boards, commissions and political subdivisions of the state shall cooperate, confer with and obtain the advice of the director as to those negotiations, contracts and subcontracts described in subsection C of this section 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. For a proposed contract or subcontract or a proposed amendment of a contract or subcontract that will result in a transfer of an allocation or entitlement of Colorado river water, including central Arizona project water, from a non-Indian Arizona contractor or subcontractor for a term of more than one year, the obligation to cooperate, confer with and obtain the advice of the director shall include the obligation to submit to the director for review the proposed contract or subcontract or the proposed amendment, and all related exhibits and agreements, prior to its execution by the contractor or subcontractor.
E. After a proposed contract or subcontract for fourth priority Colorado river water available to satisfy entitlements in this state that is not contracted for delivery through the central Arizona project is submitted to the director pursuant to subsection d of this section, the director shall recommend or advise the secretary of the interior not to transfer the proposed contracted or subcontracted amount of the fourth priority Colorado river water available to satisfy entitlements in this state that is not contracted for delivery through the central Arizona project, unless the director complies with the following:
1. Provides notice of the proposed contract or subcontract to all individuals, irrigation districts, corporations, state departments, agencies, boards, commissions and political subdivisions of this state with a contract right to use any amount of the fourth priority Colorado river water available to satisfy entitlements in this state that is not contracted for delivery through the central Arizona project.
2. Provides ninety days from the date of the notice for any political subdivision of this state prescribed in paragraph 1 of this subsection to enter into an agreement with the person or entity owning the contractual privilege or right under the same terms or other terms agreed on by the person or entity owning the contractual privilege or right. If the person or entity owning the contractual privilege or right enters into an agreement with a political subdivision of this state during the ninety-day period, notice shall be provided to the director by the person or entity owning the contractual privilege or right and no additional sixty-day period is required.
3. Provides sixty days from the end of the ninety-day period described in paragraph 2 of this subsection for any person or entity prescribed in paragraph 1 of this subsection to enter into an agreement with the person or entity owning the contractual privilege or right under the same terms or other terms agreed on by the person or entity owning the contractual privilege or right. If the person or entity owning the contractual privilege or right enters into an agreement during the ninety-day period with a person or entity described in paragraph 1 of this subsection, notice shall be provided to the director by the person or entity owning the contractual privilege or right.
F. If the person or entity owning the contractual privilege or right enters into an agreement with a political subdivision of the state during the ninety-day period prescribed in subsection E, paragraph 2 of this section, notice shall be provided to the director and no additional sixty-day period is required.
G. If the person or entity owning the contractual privilege or right refuses to sell to any person or entity prescribed in subsection E, paragraph 1 of this section that is ready, willing and able to enter into the terms of the proposed contract or subcontract under subsection E of this section, the director shall recommend or advise the secretary of the interior not to transfer the proposed contracted or subcontracted amount of the fourth priority Colorado river water available to satisfy entitlements in this state that is not contracted for delivery through the central Arizona project.
H. Subsections E, F and G of this section do not apply to transfer applications submitted to the department before January 1, 2022."
Amend title to conform