Resolution-primacy of Wyoming's water rights.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0282.E1

HOUSE JOINT RESOLUTION
NO.
HJ0010

Resolution-primacy of
Wyoming
's water rights.

Sponsored by:
Representative(s) Simpson, Childers, Quarberg and Wallis and Senator(s) Coe and Peterson

A Bill

for

A JOINT RESOLUTION requesting Congress to
reaffirm the primacy of
Wyoming
's water rights.

WHEREAS,

The Tenth A
mendment
to the C
onstitution
of the United States
provides that t
he powers not delegat
ed to the United States by the
C
onstitution, nor prohibited by it to the
s
tates, are reserved to the
s
tates respectively, or to the people
; and

WHEREAS,
Article 8, S
ection 1 of the Wyoming
C
onstitution provides that t
he water of all natural streams, springs, lakes or other collections of still water, within the boundaries of the state, are hereby declared
to be the property of the state; and

WHEREAS, A
rt
icle 1,
S
ection 31 of the Wyoming
C
onstitution provides that w
ater
being
essential to industrial prosperity, of limited amount, and easy of diversion from its natural channels, its control must be in the state, which, in providing for its use, shall equally guard all
the various interests involved; and

WHEREAS,
the act of congress admitting
Wyoming
in
to the union accepted, ratified
and confirmed the
Wyoming
C
onstitution
, thereby
consent
ing
to
the control and
appropriation
of water
in the state of Wyoming
by the state
of Wyoming; and

WHEREAS,
Congress
enacted the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, to restore and maintain the chemical, physical and biological integrity of the nation's waters; and

WHEREAS,
C
ongress amended the
Federal Water Pollution Control Act
in 1980, with what is commonly referred to as
the Wallop A
mendment, stat
ing
the policy of
C
ongress is that the authority of each state to allocate quantities of water within its jurisdiction shall not be superseded, abrogated or otherwise impaired; and

WHEREAS,
the Wallop A
mendment also provided
that
the
Federal Water Pollution Control Act

shall be construed to
not
supersede or abrogate rights to quantities of water which have been
established by any
s
tate; and

WHEREAS, C
ongress is considering an amendment to the
Federal Water Pollution Control Act
. The amendment,
known as the Clean Water Restoration Act, would replace "navigable water" with the term "waters of the United States
,
" thereby
expand
ing
federal jurisdiction of waters into control of all waters within Wyoming.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF
WYOMING
:

Section 1.

That the
State of

Wyoming

maintains
sovereignty under the Tenth Amendment to the Constitution of the
United States
over all powers not otherwise enumerated and granted to the federal government by the Constitution of the
United States
, including
the
control of water within
Wyoming
.

Section 2.

That this resolution serve as notice and demand to the federal government, to cease and desist, effective immediately, from enacting mandates that are beyond the scope of these constitutionally delegated powers
, including
the
control of water within Wyoming
.

Section
3
.

That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation.

(END)

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HJ0010