In relation to the Arizona Legislature, bills concerning water are still a big issue with Arizona Indian tribes and natural resource organizations. All Arizona Indian tribes are working together in hopes that the laws remain intact to protect our water source in the state, especially in our local area.
This water legislation poses a serious threat to the quality, quantity and protection of the state’s water supply and will direct clean water responsibilities of the Arizona Department of Environmental Quality (ADEQ) and Arizona Department of Water Resources (ADWR) to consultants. The proposed changes to the Arizona water protection laws, responsibilities and authority over Arizona water is a major concern to the Tribal leaders who would like the Arizona legislature to take a thorough look at these bills before moving forward.
The language in HB 2617 prohibits the Arizona Department of Environmental Quality (ADEQ) from never adopting rules and regulations which are more stringent than Federal Clean Water Act. There are several tribes in Arizona, including the San Carlos Apache Tribe that currently have water quality regulations that are stricter than Federal water standards. The legislation at the state capitol impedes Arizona Tribes’ intent for clean water. HB 2617 is a “special exemption” specifically for Resolution Copper at the risk of public health and welfare of all Arizona citizens.
Water Rights specialist Joe Sparks pointed out that SCR 1046 violates the Constitution of the United States, the Federal Enabling Act for Arizona, the Arizona Constitution and is contrary to over 200 years of federal court decisions and law long settled by Arizona courts.
Tribal leaders have expressed grave concerns about HB 2289 in which a mining company can attain a dewatering permit through an exemption for agriculture in the 1980 Groundwater Act. The water can be pumped onto agricultural land without an Aquifer Protection Permit (APP). This bill would allow mining companies to deplete our water source without liability.
Given the fact that federal laws supersedes state laws concerning water, it is raises questions as to why the Arizona Legislature is continuing to allow private companies, especially foreign owned to dictate Arizona state laws?
You would think that lawmakers in Arizona are thorough in all legislation and represent the best interest for all Arizona citizens but apparently they are not.
It is important to understand that under present laws, Arizona Tribes have worked well with ADEQ and ADWR to protect tribal waters from pollutant discharges. Unfortunately, proposed changes in the bills seriously threatens our livelihood and our natural resources involving plants and wildlife.
I urge everyone who are concern about the future and health of their children to call or write to their Arizona representatives concerning bills HR 2289, HR 2617 and SCR 1046. These bills are not good for people who reside in Arizona including all 21 Indian tribes.
We need everyone who resides in this area to support our efforts in protecting our water. Please familiar yourself with these water legislations and should you have questions please feel free to contact my office at 928-475-2361.