Arizona HJR 2002: lower Colorado basin; forbearance authority.

Bill Text

HJR2002 - 531R - I Ver 

 REFERENCE TITLE: lower Colorado basin; forbearance authority.

 State of Arizona

 House of Representatives

 Fifty-third Legislature

 First Regular Session

 2017

 HJR 2002

 Introduced by 

 Representatives 
 Barton: Bowers, Clodfelter, Cobb, Coleman, Cook, Finchem, Grantham, John, 
 Mitchell, Nutt, Shope, Thorpe, Townsend, Senator Griffin

A 
JOINT RESOLUTION

approving forbearance by the state of 
Arizona, acting through the director of water resources for certain 
INTENTIONALLY created SURPLUS on the Colorado river arising out of cooperative 
projects in Mexico.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, the State of 
Arizona maintains a sovereign interest in the water 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, including the right to divert 2.8 million acre-feet of 
Colorado river water for consumptive use in 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 secretary of the interior exercises authority with respect to 
the management of the Colorado river dams and reservoirs pursuant to the 
Boulder canyon project act of 1928, the Colorado river project storage act of 
1956 and the Colorado river basin project act of 1968 and other acts amendatory 
or supplementary thereto; and

Whereas, the secretary of the interior exercises the authority to declare 
surplus conditions in the lower Colorado river mainstream and to make 
quantities of surplus water available to Colorado river water contractors under 
the terms of the decree in Arizona v. California; and

Whereas, on December 13, 2007, the secretary of the interior signed the 
Record of Decision; Colorado River Interim Guidelines for Lower Basin Shortages 
and the Coordinated Operations for Lake Powell and Lake Mead, which provides 
for a concept known as intentionally created surplus, in which a state can 
supplement the lower Colorado river mainstream and then divert additional lower 
Colorado river water as surplus; and

Whereas, the international boundary and water commission is considering 
adopting a minute entry that, among other things, would allow Colorado river 
entitlement holders in Arizona, California and Nevada to form partnerships with 
Mexico for the purpose of supplementing the lower Colorado river mainstream to 
create intentionally created surplus; and

Whereas, the secretary of the interior must adopt supplemental guidelines 
to allow Colorado river entitlement holders in Arizona, California and Nevada 
to create intentionally created surplus through projects located in Mexico; and

Whereas, diversion of the intentionally created surplus must be 
consistent with the decree in Arizona v. California, necessitating a 
forbearance of rights to intentionally created surplus water among lower 
division states; and

Whereas, the State of Arizona recognizes that benefits to the Colorado 
river mainstream accrue to Arizona water users from the supplementing of river 
supplies through intentionally created surplus, and no Arizona water user will 
be adversely affected by Arizona's forbearance of a portion of the 
intentionally created surplus added to the Colorado river mainstream; and

Whereas, the effectiveness of such forbearance agreements 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 forbear the exercise 
of a right accruing to the benefit of the state under the 1944 Colorado river 
water contract and the decree in Arizona v. California; and

Whereas, it is of critical importance to the State of Arizona to protect 
its interests in the water of the Colorado river because of the importance of 
the water supply to the agricultural, industrial, municipal and tribal water 
use sectors in this state; and

Whereas, it is in the best interest of the State of Arizona to authorize 
the director of the department of water resources to forbear its rights to use 
a portion of intentionally created surplus water arising out of projects in 
Mexico that further protect Arizona's interests in the water of the Colorado 
river under the conditions set forth in this joint resolution.

Therefore

Be it 
resolved by the legislature of the State of Arizona:

1. That, notwithstanding any other provision of law, the State 
of Arizona, by and through the director of the department of water resources, 
may forbear its rights to the use of certain quantities of