Public Law 29-51 - An Act to amend Article 1, Chapter 14 of Title 12 Guam Code Annotated, relative to declaring the property in and the right to the use of all the water, at any time, in a stream, river, or other surface source and water located beneath the ground and in the Aquifer in Guam are, for all purposes, vested in the Government of Guam

Felix P. Camacho Governor P.O. Box 1.950 Hagatfia, Guam 96932 TEL: (671) 4 72-8931 •FAX: (671) 4 77-4826 • EMAIL: govemor@mail.gov.gu Michael W Cruz, M.D. ! It/ I Lieutenant Governor The Honorable Edward J.B. Calvo Acting Speaker Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Acting Speaker Calvo: 0 .J JAN 2008 Transmitted herewith is Bill No. 176(EC), "AN ACT TO AMEND ARTICLE 1, CHAPTER 14 OF TITLE 12 GUAM CODE ANNOTATED, RELATIVE TO DECLARING THE PROPERTY IN AND THE RIGHT TO THE USE OF ALL THEW ATER, AT ANY TIME, IN A STREAM, RIVER, OR OTHER SURFACE SOURCE AND WATER LOCATED BENEATH THE GROUND AND IN THE AQUIFER IN GUAM ARE, FOR ALL PURPOSES, VESTED IN THE GOVERNMENT OF GUAM" which I signed into law on January 3, 2008 as Public Law 29-51. Sinseru yan Magahet, FELIX P. CAMACHO I Maga'lahen Guahan Governor of Guam Attachment: copy of Bill cc: The Honorable Ray Tenorio Senator and Legislative Secretary Seu~tor Edward J.B. Cah ACKNO~~,MENT RECEI!"· Rcv'd by: \XJ.-v ?-/, -~ ~} .... '11':" !.: r~,~•".t· Time:\\ ,OS DatP.~ \-\\ ;::li:, MINA' BENTE NUEBI NA LIHESLATURAN GU TWENTY-NINTH GUAM LEGISLATURE 155 Hessler Place, Hagatiia, Guam 96910 .. --~~q The Honorable Felix P. Camacho I Maga'lahen Guahan Ufisinan I Maga'lahi Hagatfia, Guam 96910 Dear Maga'lahi Camacho: .; 1~1/' 2007 ~ ! December 21, 2007 . l ,~~~:~*-~ Transmitted herewith are Bill Nos. 170(LS), 171(LS}, 176(EC), 177(LS), 190(EC); and Substitute Bill Nos. 127(EC) & 180(EC) which were passed by I Mina'Bente Nuebi Na Liheslaturan Guahan on December 21, 2007. Sincerely, ::::, Senator and Secretary of the Legislature Enclosures (7) Director 472-3409 Fax: 472-3510 • Chtef Fiscal Officer 472-3484 • Personnel 472-3520 • Protocol 472-3499 • Archives 472-3465 • Clerk of Legislature 472-3464 I MINA'BENTE NUEBI NA LIHESLATURAN GllA.HAN 2007 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN Gl1AfIAN This is to certify that Bill No. 176 (EC), "AN ACT TO AMEND ARTICLE 1, CHAPTER 14 OF TITLE 12 GUAM CODE ANNOTATED, RELATIVE TO DECLARING THE PROPERTY IN AND THE RIGHT TO THE USE OF ALL THE WATER, AT ANY TIME, IN A STREAM, RIVER, OR OTHER SURFACE SOURCE AND WATER LOCATED BENEATH THE GROUND AND IN THE AQUIFER IN GUAM ARE, FOR ALL PURPOSES, VESTED IN THE GOVERNMENT OF GUAM," was on the 21st day of December, 2007, duly and regularly passed. Al Attested: This Act was received by I Maga'lahen Guahan this l!S:V o'clock~.M. ~ED: ~LlXP. CAMACHO I Maga'lahen Guahan Public Law No. 29-51 Edward J.B. Calvo Acting Speaker d 1 day of i)ec · 2007, at ~ff Maga'lahi' s Office I MINA 'BENTE NUEBI NA LIHESLATURAN GUAIIAN 2007 (FIRST) Regular Session Bill No. 176 (EC) As amended by the Committee on Judiciary, Natural Resources, Infrastructure & Cultural Affairs. Introduced by: v. c. pangelinan J. T. Won Pat Frank F. Blas, Jr. Edward J.B. Calvo J. V. Espaldon Mark Forbes Judith Paulette Guthertz Frank T. Ishizaki J. A. Lujan Tina Rose Mufia Barnes A. B. Palacios, Sr. R. J. Respicio David L.G. Shimizu Ray Tenorio AN ACT TO AMEND ARTICLE 1, CHAPTER 14 OF TITLE 12 GUAM CODE ANNOTATED, RELATIVE TO DECLARING THE PROPERTY IN AND THE RIGHT TO THE USE OF ALL THE WATER, AT ANY TIME, IN A STREAM, RIVER, OR OTHER SURFACE SOURCE AND WATER LOCATED BENEATH THE GROUND AND IN THE AQUIFER IN GUAM ARE, FOR ALL PURPOSES, VESTED IN THE GOVERNMENT OF GUAM. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings. I Liheslaturan Guahan finds that 3 protecting the interest of the people of Guam is paramount in the development of 4 Guam's water resources. As such, it is recognized that the waters of Guam are 1 1 held for the benefit of the citizens of Guam. The development of this life-giving 2 and sustaining resource must be controlled and rest exclusively with the people of 3 Guam. 4 The development of independent water production, transmission and 5 distribution systems shall not be permitted. Rather, the development must be 6 integrated. Furthermore, the development of Guam's water resources, production, 7 transmission and distribution shall remain under the direction and control of the 8 people. 9 Section 2. Purpose. The purpose of this Act is to foster sustainable use of 10 Guam's water resources in continuation of the objectives of conserving and 11 protecting the environment. 12 Section 3. Water is a Public Asset. The property in and the right to the 13 use, of all ground water in all surface water sources and in underground sources 14 including, but not limited to, the Northern Aquifer, wherever ground water is found 15 in Guam, are for all purposes vested in the government of Guam and are 16 conclusively deemed to have always been vested in the government and is a public 17 asset. No entity shall withdraw water from any water source on Guam without the 18 expressed authorization of the Guam Waterworks Authority as provided for in its 19 rules and regulations promulgated pursuant to Section 7 of this Act. Nothing 20 herein shall prohibit the development of above ground water catchments systems 21 and the rights to the water collected by such systems shall belong to the owners of 22 such systems. 23 Section 4. Prohibition Against Water Removal. (a) No person shall have 24 any right: 25 (1) to drill for, divert, extract, use or store water for removal from 26 Guam; 27 (2) to dispose of or sell water to a person for removal from Guam; 2 (3) to convey or transport water for removal from Guam; ( 4) to remove water from Guam; or 1 2 3 (5) of property in respect of water removed or intended to be 4 removed from Guam. 5 (b) Notwithstanding any other enactment, a person who acqmres water 6 originating in Guam from another person, whether directly or indirectly, does not, 7 by that acquisition acquire any of the rights described in Subsection (1) through 8 (5). 9 Section 5. Prohibition Against Guam Water Removal. A person must 10 not remove water from Guam except as that person: (a) is authorized by law, rule or regulation; 1 1 12 (b) removes the water in containers of five ( 5) gallon capacity or 13 less, of water that has been packaged in Guam; or 14 ( c) obtained the water outside Guam and, at the time of the 15 removal, is in possession of evidence satisfactory to the Guam Waterworks 16 Authority to that effect. 17 Section 6. Exception for Water to be Used in Transit. Nothing in this 18 Act prohibits the removal of water from Guam in the ordinary course of carrying 19 the water in vehicles, vessels or aircraft for the use of persons, animals or 20 necessary for the operation of the vehicle, vessels or aircraft, while the persons or 21 animals, as the case may be, are being transported in the vehicles, vessels or 22 aircraft. 23 Section 7. A new Section 14104.2 is hereby added to Title 12 GCA 24 Chapter 14 with Subsection (b) of P.L. 20-06:7 amended. 25 "Priorities for Water Use. All surface water and ground water in 26 Guam are declared to be a public asset and belong to all of the people of 27 Guam held in trust by the government of Guam. Such water shall be utilized 3 1 as follows: 2 3 4 5 (a) First priority shall be for use or resale by the Guam Waterworks Authority for household use, for bonafide farms, plant nurseries, aquaculture, ranches for other bonafide agricultural uses. (b) Second priority shall be for any other use by the government of 6 Guam for public recreation and for other public purposes only 7 and not for purposes enumerated in Subsections ( c) and ( d) 8 below. 9 ( c) Third priority shall be for commercial and industrial use. 10 (d) Fourth priority shall be for irrigation of golf courses, for 11 irrigation of lawns or ornamental gardens. 12 ( e) Fifth priority shall be for any other purposes. 13 Any use of higher priority shall have preference over any use of lower 14 priority regardless of which use was first in time. 15 As between water uses of equal priority, first in time shall have a temporary 16 priority to the extent of such prior use for so long as the water is actually 1 7 beneficially used on a regular or seasonal basis, but if not used such temporary 18 water right shall be deemed abandoned pursuant to the common law. 19 The Authority shall certify that any approval of water service applications 20 pursuant to the priorities above will not diminish or impair the quality of water 21 service to customers with a higher priority. GW A approval shall be required for 22 the use of all withdrawal of water from any water source in accordance with this 23 Act. 24 The Guam Waterworks Authority shall within two hundred sixty (260) days 25 of the enactment, adopt rules and regulations setting forth the application process 26 and approval for water withdrawn from any water source, including, but not 27 limited to, surface streams and rivers, wells and springs and from the aquifer by 4 1 any person (individual, corporate or local or federal government entity, including 2 the military) other than the Guam Waterworks Authority that seeks to withdraw 3 water from any water source on Guam. 4 All water rights and rights to use water shall be determined according to the 5 foregoing, and there shall be no riparian water rights in Guam. This Act 6 establishes priorities only, and shall not establish any vested water rights in any 7 person, other than in the government of Guam." 8 Section 8. Severability. If any of the prov1s10ns of this Act or the 9 application thereof to any person or circumstance is held invalid, such invalidity 10 shall not affect any other provision or application of this Act which can be given 11 effect without the invalid provision or application, and to this end the provisions of 12 this Act are severable. 5