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<br />A groundwater withdrawal <br />fee may give some water <br />users a further incentive to <br />conserve water. <br /> <br />Each state must develop an <br />approach which meets its <br />own needs. This is one of the <br />major reasons why the <br />responsibility for <br />groundwater management <br />lies more appropriately at <br />the state rather than the <br />national level. <br /> <br />44 <br /> <br />The Success of Arizona's Process <br /> <br />During the severe drought in California in 1976-1977, Governor Jerry Brown <br />decided that California's water laws were in need of revision. He appointed a <br />blue ribbon panel to evaluate proposals for modifying the state's water laws and <br />to recommend needed legislation. The panel met for a year and one-half, <br />considered the excellent papers written by a very capable staff, held public <br />hearings and, finally, recommended new laws which were not, by any stretch <br />of the imagination, radical. Yet the California Legislature virtually ignored the <br />work of the Commission. <br /> <br />The composition of Arizona's Groundwater Management Study Commission <br />differed markedly from the California panel. The Commission consisted of 14 <br />legislators and 11 members appointed by the governor to represent major water <br />users and the general public. In appointing the legislative members, a balance <br />was sought between rural and urban legislators and among those known to be <br />sympathetic to municipal, mining and agricultural concerns. The Commission's <br />enabling legislation dictated that the governor's appointees include two <br />representatives for mining, two for agriculture and two for cities. Many <br />appointees were well-recognized spokespersons for their respective interest <br />groups with considerable clout in the legislature. <br /> <br />Although this composition promised a contentious atmosphere, it also reflected <br />the fundamentally political nature of the task of writing a new groundwater law. <br />It ensured that if the Commission were successful in developing <br />recommendations-and many skeptics were placing odds against success-the <br />legislature would enact those recommendations into law. <br /> <br />The Act establishing the Commission also contained a novel and arguably <br />unconstitutional provision, It declared that, if the legislature failed to enact a <br />new code by September 1981, the code recommended by the Commission would <br />automatically become law. The provision was included to "hold the legislature's <br />feet to the fire" and ensure that the work of the Commission would not go <br />unheeded. Although the provision was challenged in 1978, the Arizona Supreme <br />Court declined to rule on its constitutionality, saying that no injury had resulted <br />from the challenged provision since the deadline for legislative action had not <br />passed. <br /> <br />Much has been made of Secretary Andrus' threat that the CAP would be <br />jeopardized if Arizona did not enact a new groundwater code during 1980. <br />Clearly it was a factor that motivated the negotiators to reach a timely <br />compromise. However, by October 1979, the Commission had been meeting <br />for almost two years. It had studied virtually every aspect of groundwater <br />management, met at nearly 50 public meetings, made tentative <br />recommendations on a new code and held extensive public hearings on those <br />recommendations. In short, a great deal of time and effort had already been <br />invested prior to Mr, Andrus' pronouncement, and a commitment to developing <br />a comprehensive code had formed. <br />