DECLARE ________ COUNTY TO BE A “TENTH AMENDMENT SANCTUARY COUNTY”
This model resolution specifies Water. Tenth Amendment Sanctuary County can include Education, Wolves, ESA (except migratory fowl), EPA, FEMA, excess Feral Horses and so forth that are outside of Federal’s Enumerated Powers.

WHEREAS, the Board of the County Commissioners of _________ County, ______ pursuant to _______________ statute and the_______________________, is vested with the authority of administering the affairs of ____________County, _____________, and

WHEREAS, the Tenth Amendment to the United States Constitution a part of the Bill of Rights, ratified on December 15, 1791, protects the inalienable states’ rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.

WHEREAS, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

WHEREAS, example: The United States Supreme Court  in United States V. Morrison 529 U.S. 598 (2000)  affirmed that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment’s Equal Protection Clause.

WHEREAS, example:  United States v. Lopez (1995), was also a part of a series of Rehnquist Court cases that limited Congress’s powers under the Commerce Clause the Court again ruled that a regulation enacted under the Commerce Clause was unconstitutional.

WHEREAS, the Tenth Amendment is all inclusive, __________ County Commissioners uses water herein as one of many Federal laws that Board has a duty to not enforce because it unconstitutionally infringes upon the rights of People of ___________ County.

WHEREAS the Commerce Clause confers a unique position upon the federal government in connection with navigable waters: “The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States…

WHEREAS the state of ___________ does not have ‘Navigable’ Waters as defined in Artlll.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has authority over Water in the state of _________________, and

WHEREAS ____________ County in the State of _____________ does not have ‘Navigable’ Waters as defined in Artlll.S2.C1.12, it is the desire of the Board to declare its support of the Tenth Amendment to the United States Constitution and the provisions of the _____________ Constitution which protects _______________County Citizens inalienable and individual rights to deny any action by any Federal Agency that is outside of Federal’s Enumerated Powers, and

WHEREAS, additionally, no waters in ________________ County meets the definition of WOTUS, therefore no Water Rights entity needs to apply for a federal permit to maintain old or build new infrastructure projects.

WHEREAS all Water of every natural stream in the State of ____________ and the County of ________________ has been appropriated, and

WHEREAS, Article ll Section 3 of the ________________ Constitution provides that all “persons have certain inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, processing and protecting property which includes the beneficial use of Water

WHEREAS, the Commissioners each took an oath to support and defend the United States Constitution, the ___________________ Constitution, and the laws of the State of ________________ which are not deemed unconstitutional by a court of competent jurisdiction.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of _________ County be, and hereby is, declared to be a “Tenth Amendment Sanctuary County.”

BE IT FURTHER RESOLVED that the board affirms it will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People of _____________ County to keep and use their non-navigable Water.

The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on ________________________________________