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H.J.R. 21

             1     

RESOLUTION ENCOURAGING

             2     
CONGRESSIONAL APPROVAL OF FARM BILL

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Craig W. Buttars

             6      This joint resolution of the Legislature requests that the United States Congress remove the
             7      Water Conservation Program amendment from Senate Bill 1731, the Agriculture,
             8      Conservation, and Rural Enhancement Act of 2001, and pass the legislation.
             9      Be it resolved by the Legislature of the state of Utah:
             10          WHEREAS, the 1996 Federal Agriculture Improvement and Reform Act will expire in
             11      2002;
             12          WHEREAS, the United States House of Representatives has passed the Farm Security Act
             13      of 2001, and the United States Senate is now considering Senate Bill 1731, the Agriculture,
             14      Conservation, and Rural Enhancement Act of 2001, to replace the 1996 Federal Agricultural
             15      Improvement and Reform Act;
             16          WHEREAS, both farm bills continue to focus on a consistent, long-term, market-oriented
             17      farm policy that will improve net farm income, enhance economic opportunity for farmers,
             18      preserve property rights, and conserve the environment;
             19          WHEREAS, the United States Senate has approved an amendment called the Water
             20      Conservation Program to Senate Bill 1731 that could dramatically affect state water laws, interstate
             21      compacts, and the protection of senior water rights, also known as the "Law of the River";
             22          WHEREAS, with the enactment of the McCarran Amendment by Congress in 1952, the
             23      United States waived its sovereign immunity, and consented to the jurisdiction of state water laws
             24      and the United States Supreme Court affirmed that the McCarran Amendment subjected federal
             25      claims to state laws;
             26          WHEREAS, the Water Conservation Program Amendment to Senate Bill 1731 provides
             27      for the enrollment of approximately 1.1 million acres, and the acquisition of the water rights of


             28      200,000 acres from landowners, inviting conflict and confusion within the well-established and
             29      time-honored prior appropriations system;
             30          WHEREAS, Utah has already proactively entered into programs to protect sensitive waters
             31      and mitigate depredation of sensitive species; and
             32          WHEREAS, it is imperative that Congress not unnecessarily delay passage of Senate Bill
             33      1731 due to the Water Conservation Program Amendment:
             34          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah requests
             35      that the Water Conservation Program Amendment to Senate Bill 1731, the Agriculture,
             36      Conservation, and Rural Enhancement Act of 2001, be removed from the legislation, and that
             37      Congress proceed to pass the legislation.
             38          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of the
             39      United States Senate, the Speaker of the United States House of Representatives, and the members
             40      of Utah's congressional delegation.




Legislative Review Note
    as of 1-28-02 4:40 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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