Texas Senate Bill SCR32

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Refer: 3/16/11
• Report Pass: 5/4/11
• Refer: 5/11/11

Caption

Expressing opposition to federal regulation of intrastate water resources.

Impact

If these federal proposals were to be enacted, they would significantly alter the framework of water resource management in Texas. SCR32 underscores the importance of maintaining state sovereignty, emphasizing that states should retain the jurisdiction over their own water resources without federal interference. This resolution is presented as a protective measure for Texas's right to regulate its waters as it sees fit, free from the constraints of broader federal authority.

Summary

SCR32, a Concurrent Resolution from the Texas Legislature, articulates opposition to recent proposals by Congress that would extend federal jurisdiction over intrastate water resources. The motivation behind this resolution is rooted in concerns that such federal actions would infringe upon the traditional state control over localized water resources. Specifically, the resolution targets amendments to the Clean Water Act that define 'waters of the United States' to include a variety of intrastate bodies of water, potentially leading to increased federal oversight and regulation of these resources.

Contention

The resolution also points to past Supreme Court rulings which have affirmed the limits of federal power regarding intrastate waters, suggesting a cautious approach towards any expansions of federal jurisdiction. There exists a tension between local resource management and broader federal oversight, with proponents of the resolution arguing that local governance is more efficient and effective for regulating these resources. Conversely, federal advocates could argue that unified regulation is necessary for broader environmental protection purposes, highlighting a clear point of contention within environmental governance.