HLS 10RS-2610 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1449
BY REPRESENTATIVE FANNIN
WATER/RESOURCES: Provides with respect to recognizing the right of riparian owners
to transfer their rights to access to running water for agricultural or aquacultural
purposes and to provide for transfer for agricultural and aquacultural use by public
entities
AN ACT1
To enact R.S. 9:1103, relative to the right of riparian owners; to provide for the assignment2
of rights to access the running waters of the state; to provide for the transfer for3
agricultural and aquacultural use by public entities; to prohibit fees charged by the4
state; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:1103 is hereby enacted to read as follows:7
ยง1103. Riparian owners, use of surface water; fees prohibited; legislative finding8
and intent9
A. The Legislature of Louisiana finds that waters used in agricultural or10
aquacultural pursuits are not consumed, rather they are merely used, and the11
movement of the water ultimately provides value to the resource in several ways as12
these uses provide for additional pathways for integration of the water into the13
hydraulic cycle. Some of these value adding processes include recharging aquifers14
by percolation into the groundwater, entry into the cycle as water vapor through the15
evaporation from movement of the surface water, from the absorption into crops,16
providing nourishment to living organisms that indirectly support agriculture and17
aquaculture, from the hydration of livestock, and also through providing habitat and18
sustenance for the fish and wildlife resources of the state. The direct and indirect19
effects that result from these uses, bringing a positive impact on the resource and the20
environment that yields a value far in excess of the value of the resource as mere21 HLS 10RS-2610 ORIGINAL
HB NO. 1449
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running water, and as such the Legislature of Louisiana specifically finds that there1
is no prohibited donation by agricultural and aquacultural uses of these sorts.2
B. A riparian owner may assign access rights equal to his own for the surface3
water adjacent to his riparian land for any agricultural or aquacultural purpose within4
the state of Louisiana by the non-riparian owner without restriction as to the form5
of any such agreement to another. Provided that such withdrawal of running surface6
waters is environmentally and ecologically sound and is consistent with the required7
balancing of environmental and ecological impacts with the economic and social8
benefits found in Article IX, Section 1 of the Constitution of Louisiana of 1974. No9
riparian owner shall authorize such withdrawal of running waters for non-riparian10
use where such would significantly adversely impact the sustainability of the water11
body; or have undue impacts on navigation, public drinking water supplies, stream12
or water flow energy, sediment load and distribution, and on the environment and13
ecology balanced against the social and economic benefits of a contract of sale or14
withdrawal, or sale of agreement or right to withdraw running surface water for15
agricultural and aquacultural purposes.16
C. For purposes of this Section, "agricultural or aquacultural purpose" means17
any use by a riparian owner or an assignee of a riparian owner of running surface18
waters withdrawn and used for the purpose of directly sustaining life or providing19
habitat to sustain life of living organisms that are customarily or actually intended20
to be brought to market for sale.21
D. The state shall not charge any fee for such usage, except where the state,22
including its political subdivisions, contracts or assigns rights for withdrawal as23
provided for in Subsection B of this Section.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 10RS-2610 ORIGINAL
HB NO. 1449
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Fannin HB No. 1449
Abstract: Provides for the right of riparian owners to assign their rights to access the
running waters of the state to others, transfer for agricultural and aquacultural use by
public entities, and to prohibit any fees charged by the state.
Proposed law allows a riparian owner to assign access rights for surface water adjacent to
his riparian land for any agricultural or aquacultural purpose by the non-riparian owner
provided such withdrawal of running surface water is environmentally and ecologically
sound, would not adversely impact the sustainability of the water body, or have undue
impacts on navigation, public drinking water supplies, stream flow energy, sediment load
and distribution, and certain other circumstances.
Proposed law provides for the definition of "agricultural or aquacultural purpose".
Proposed law prohibits any state fee from being charged for usage except where the state
contracts or assigns rights for withdrawal.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:1103)