ENROLLED
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ACT No. 994
Regular Session, 2010
HOUSE BILL NO. 1449
BY REPRESENTATIVES FANNIN, ANDERS, ARNOLD, AUBERT, BALDONE,
BURFORD, CARMODY, CHAMPAGNE, CHANDLER, CHANEY, DOWNS,
EDWARDS, ELLINGTON, GISCLAIR, GUILLORY, GUINN, HARDY, HAZEL,
HENRY, HOFFMANN, JOHNSON, SAM JONES, KATZ, L EBAS, LEGER,
LITTLE, MONTOUCET, NOWLIN, PEARSON, PUGH, RICHARD, RITCHIE,
ROY, SCHRODER, SIMON, GARY SMITH, ST. GERMAIN, THIBAUT,
TUCKER, WADDELL, WHITE, AND WOOTON AND SENATOR THOMPSON
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 a statement of public3
policy; to provide for the transfer for agricultural and aquacultural use by public4
entities; to prohibit fees charged by the 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
hydrological cycle. Some of these value-adding processes include recharging14
aquifers by percolation into the groundwater, entry into the cycle as water vapor15
through the evaporation from movement of the surface water, from the absorption16
into crops, providing nourishment to living organisms that indirectly support17
agriculture and aquaculture, from the hydration of livestock, and also through18
providing habitat and sustenance for the fish and wildlife resources of the state. The19
direct and indirect effects that result from these uses bring a positive impact on the20
resource and the environment that yields a value far in excess of the value of the21
resource as mere running water, and as such the Legislature of Louisiana specifically22 ENROLLEDHB NO. 1449
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finds that there is no prohibited donation by agricultural and aquacultural uses of1
these sorts. The public purpose served by the enactment and implementation of this2
Section is the protection and conservation of the water as a resource of the state in3
such a way that the health, safety, and welfare of the people of the state are protected4
and benefitted.5
B. A riparian owner may assign access rights equal to his own for the surface6
water adjacent to his riparian land for any agricultural or aquacultural purpose within7
the state of Louisiana by the non-riparian owner without restriction as to the form of8
any such agreement to another, provided that the withdrawal of running surface9
waters is environmentally and ecologically sound and is consistent with the required10
balancing of environmental and ecological impacts with the economic and social11
benefits found in Article IX, Section 1 of the Constitution of Louisiana. No riparian12
owner shall authorize the withdrawal of running waters for non-riparian use where13
the use of the water would significantly adversely impact the sustainability of the14
water body, or have undue impacts on navigation, public drinking water supplies,15
stream or water flow energy, sediment load and distribution, and on the environment16
and ecology balanced against the social and economic benefits of a contract of sale17
or withdrawal, or sale of agreement, or right to withdraw running surface water for18
agricultural and aquacultural purposes.19
C. For purposes of this Section, "agricultural or aquacultural purpose" means20
any use by a riparian owner or an assignee of a riparian owner of running surface21
waters withdrawn and used for the purpose of directly sustaining life or providing22
habitat to sustain life of living organisms that are customarily or actually intended23
to be brought to market for sale.24
D. The state shall not charge any fee for the water usage, except where the25
state, including its political subdivisions, contracts or assigns rights for withdrawal26
as provided for in Subsection B of this Section.27
E. This Section shall become null and of no effect on January 12, 2035.28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 ENROLLEDHB NO. 1449
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: