The Arizona Ground Water Act
| DOI | 10.1177/106591294800100208 |
| Author | Paul Kelso |
| Date | 01 June 1948 |
| Published date | 01 June 1948 |
| Subject Matter | Articles |
178
THE
ARIZONA
GROUND WATER
ACT
by
PAUL
KELSO
University
of
Arizona
A
law
which
will
permit
limited
state
regulation
of
the
use
of
ground
water
for
irrigation
in
Arizona
was
enacted
by
the
sixth
special
session
of
the
eighteenth
Arizona
legislature
in
March
1948.~
Although
the
act
has
been
criticized
adversely
by
supporters
and
opponents
alike,
its
proponents-
in
view
of
the
substantial
amount
of
opposition
to
ground
water
regulation-
believe
it
to
be
the
best
law
obtainable
at
the
present
time.
The
Arizona
legislature
had
failed
to
pass
a
ground
water
law
during
its
fourth
special
session
in
January
and
February,
called
expressly
for
the
purpose
and,
for
a
time
during
the
sixth
special
session,
had
seemed
on
the
verge
of
adjourn-
ing
without
taking
favorable
action.
During
the
fourth
and
the
sixth
special
session
the
law-makers
spent
a
total
of
forty-one
days
for
the
consideration
of
the
ground
water
question.
Governor
Sidney
P.
Osborn,
who
since
taking
office
in
1941,
has
placed
the
question
of
ground
water
regulation
before
every
regular
session
and
several
special
sessions
of
the
legislature,
threatened
to
call
one
special
session
after
another
until
the
legislators
complied
with
his
demands
for
regulation.’a
The
act
will
become
operative
ninety
days
after
the
close
of
the
sixth
special
session,
which
was
adjourned
on
March
25,
unless in
the
meantime,
referendum
proceedings
are
initiated
by
opponents
of
the
act.
Backers
of
the
law
desired
that
it
become
effective
at
once.
They
were
unable
to
muster
in
both
houses
of
the
legislature
the
two-thirds
vote
which
is
needed
to
attach
an
emergency
clause
to
a
measure,
making
it
effective
immediately
after
signature
by
the
governor.
Opponents
have
ninety
days
in
which
to
inaugurate
referendum
proceedings.
If
the
measure
should
be
brought
be-
fore
the
voters
at
the
November
general
election,
and
a
majority,
voting
on
the
question,
should
give
it
their
approval,
it
could
be
changed
or
repealed
only
by
popular
action.
Moreover,
the
Governor
has
stated,
according
to
newspaper
reports,
that
in
the
event
of
a
movement
for
a
referendum
he
will
call
the
legislature
in
special
session
and
urge
repeal.
This
attitude,
if
correctly
reported,
undoubtedly
stems
from
a
recognition
that
the
law
is
weak
and
should
be
strengthened
by
future
sessions
of
the
legislature.
1
House
Bill
No. 2,
Sixth
Special
Session,
Eighteenth
Legislature,
1948
Session
Laws,
Arizona.
la
Since
this
comment
was
written
Govenor
Osborn
died
on
May
7,
1948.
To continue reading
Request your trial