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Regular Session, 2010
HOUSE BILL NO. 1486 (Substitute for House Bill No. 926 by Representative Little)
BY REPRESENTATIVES MORRIS, ARMES, BOBBY BADON, BILLIOT, BURFORD,
HENRY BURNS, BURREL L, CARMODY, CHAMPAGNE, EDWARDS,
GISCLAIR, HARDY, HARRISON, HENDERSON, HENRY, GIROD JACKSON,
LITTLE, LORUSSO, NOWLIN, GARY SMITH, JANE SMITH, ST. GERMAIN,
TALBOT, TUCKER, WADDELL, WILLIAMS, AND WOOTON AND SENATOR
ADLEY
WATER/RESOURCES: Provides for cooperative endeavor agreements for the withdrawal
of running surface water for certain purposes
AN ACT1
To enact Chapter 9-B of Title 30 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 30:961 through 963, relative to the use of surface water; to provide for3
definitions; to provide for cooperative endeavor agreements to withdraw running4
surface water; to provide for findings and purpose; to provide for requirements for5
cooperative endeavor agreements to withdraw running surface water; to provide for6
the authority of the secretary of the Department of Natural Resources; to provide for7
legislative intent; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Chapter 9-B of Title 30 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 30:961 through 963, is hereby enacted to read as follows: 11
CHAPTER 9-B. SURFACE WATER MANAGEMENT12
§961. Cooperative endeavor agreements; withdrawal of surface water; intent13
A. As provided by this Chapter and except as otherwise provided by law, a14
person or entity, may enter into a cooperative endeavor agreement to withdraw15
running surface water as described in this Chapter. Unless otherwise provided by16
law, all cooperative endeavor agreements to withdraw running surface water, and17 HLS 10RS-4000 REENGROSSED
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any assignment of such agreement, shall be approved by the secretary as provided1
in this Chapter. No provision contained in this Chapter should be construed as a2
requirement for any person or entity to enter into any cooperative endeavor3
agreement to withdraw running surface water. This Chapter shall have no effect on4
the rights provided for in Civil Code Articles 657 and 658 or any rights held by5
riparian owners in accordance with the laws of this state. It is also the intent of the6
legislature that should any portion of this Chapter be found to be unconstitutional7
that the remaining parts shall continue in force and effect.8
B. No agency or subdivision of the state otherwise authorized to enter into9
a cooperative endeavor agreement to withdraw running surface water, or assignment10
of such shall do so unless the said agreement is in writing, provides for fair market11
value to the state, is in the public interest, and is contained on a form developed and12
prescribed by the State Mineral and Energy Board and approved by the attorney13
general. No such cooperative endeavor agreement to withdraw running surface14
water shall be valid unless and until such agreement is approved by the secretary15
following the submission of an application for approval, which the secretary shall16
develop and prescribe. The secretary shall conduct the evaluation provided for in17
Subsection D of this Section and take action on the application within sixty days of18
the application being deemed complete.19
C. Unless otherwise provided by law, the secretary is authorized to enter into20
any cooperative endeavor agreement to withdraw running surface water, provided21
that any such agreement complies with the prohibition against gratuitous donation22
of state property by ensuring that the state receives fair value for any water removed,23
and the substance of the agreement is contained within a written cooperative24
endeavor agreement as provided for in Article VII, Section 14 of the Constitution of25
Louisiana.26
D. The secretary shall evaluate each application for a cooperative endeavor27
agreement to withdraw running surface water and each such cooperative endeavor28
that he may enter to ensure that each is in the public interest. The secretary shall29 HLS 10RS-4000 REENGROSSED
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consider whether the proposed agreement is based on good management practices1
and sound science, and is consistent with the required balancing of environmental2
and ecological impacts with the economic and social benefits found in Article IX,3
Section 1 of the Constitution of Louisiana. In his evaluation, the secretary shall also4
ensure that all cooperative endeavor agreements to withdraw running surface water,5
or assignments of such, adequately consider the potential and real effects of such6
contracted activity on the sustainability of the water body and on navigation. Any7
assignment of any such cooperative endeavor agreement to withdraw running surface8
water may be approved by the secretary in the same manner as an agreement as9
provided in this Section, unless otherwise provided for by law.10
E. No cooperative endeavor agreement to withdraw running surface water,11
or an assignment of such, entered into pursuant to the provisions of this Chapter shall12
have a term extending beyond December 31, 2020.13
F. The secretary may act to protect the natural resources of the state by14
reducing any withdrawal of water from the running surface waters of the state15
otherwise agreed to be withdrawn pursuant to an agreement entered into pursuant to16
this Chapter, or make other conditions, including the suspension or termination of17
such withdrawal of water when such an action is required to protect the resource and18
to maintain sustainability and environmental and ecological balance. If the secretary19
acts to reduce or suspend the volume of water agreed to be withdrawn, he shall do20
so in such a manner that the total necessary reductions are proportionally borne by21
all users of the running surface waters, subject to this Chapter, in the area for which22
a reduction is required. Prior to approval, the secretary shall ensure that each23
contract or agreement or assignment thereof that involved the withdrawal of the24
running surface waters of the state provides for the secretary's authority, without25
liability for damages, in this regard.26
G.(1) The secretary, in deciding whether to approve or require changes in an27
application for a cooperative endeavor agreement to withdraw running surface water,28
or assignment of such, shall consider the various existing and potential users of the29 HLS 10RS-4000 REENGROSSED
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resource and shall give appropriate consideration and priority to the following users1
or uses in the following order of priority:2
(a) Human consumption by means of a public water system or a private3
water system that provides domestic potable water service.4
(b) Agricultural uses that provide sustenance to animals or irrigation to5
plants.6
(c) Any commercial purpose or other industrial activity.7
(2) The secretary shall also consider the impact of any proposed contract,8
agreement, assignment, or use on resource planning. By way of illustration but not9
limitation, these would include any potential project or use that impacts:10
(a) Stream or water flow energy.11
(b) Sediment load and distribution.12
(c) Navigation.13
(d) Aquatic life.14
(e) Other vegetation or wildlife.15
(3) The management of cooperative endeavor agreements to withdraw16
running surface water shall be consistent with the comprehensive master plan for17
coastal restoration and protection as approved by the Coastal Protection and18
Restoration Authority and the legislature.19
H. Approval of an application for a cooperative endeavor agreement to20
withdraw running surface water or assignment of such pursuant to this Chapter does21
not obviate the need for other permits or authorizations required by law for any22
proposed activity.23
§962. Definitions24
As used in this Chapter, the following words, terms, and phrases have the25
meanings ascribed to them in this Section, unless the context clearly indicates a26
different meaning:27
(1) "Running surface waters" means the running waters of the state,28
including the waters of navigable water bodies and state owned lakes.29 HLS 10RS-4000 REENGROSSED
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(2) "Secretary" means the secretary of the Department of Natural Resources,1
and his designees.2
§963. Management by the Department of Natural Resources3
A. Except as otherwise provided by law, the Department of Natural4
Resources shall be the state agency charged with managing and monitoring the5
implementation of all cooperative endeavor agreements to withdraw running surface6
water or assignments thereof. The secretary shall have the authority to designate7
where within his agency the various functions of this Chapter are to be performed,8
to delegate any required duty to one or more persons, to issue contracts or enter into9
agreements with other public entities when required in his opinion for the efficient10
administration of this Chapter, and to establish any necessary policy or promulgate,11
in accordance with the provisions of the Administrative Procedure Act, any12
regulations that in his opinion are necessary for the efficient implementation of this13
Chapter.14
B. The secretary may negotiate and enter into a cooperative endeavor15
agreement to withdraw running surface water under terms which the secretary deems16
to be most advantageous to the state.17
C. Where there exists a governmental entity to manage, preserve, conserve,18
and protect running surface water that lacks the authority to enter into cooperative19
endeavor agreements to withdraw running surface water, such entities may provide,20
by resolution, their recommendations to the secretary of any requested terms of such21
contracts or agreements entered into by the secretary.22
Section 2. It is the express intention of the Legislature of Louisiana that nothing23
contained herein be interpreted as codifying, confirming, or ratifying; or overruling,24
nullifyin g, or rejecting the statements of law contained in the Memorandum to All State25
Surface Water Managers from the State Of Louisiana, Office of the Attorney General, and26
the secretary of the Department of Natural Resources dated February 5, 2010, and also in27
Attorney General opinions, 08-0176, 09-0028, 09-0066 and 09-0291. But rather, the intent28
of the legislature with this enactment is to provide needed interim stewardship of running29 HLS 10RS-4000 REENGROSSED
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surface water, as detailed in HCR No.1 of the 2010 Regular Session of the Legislature. That1
resolution requests from the Ground Water Resources Commission, a report to the2
legislature by March 1, 2011, with recommendations for changes necessary for optimal,3
comprehensive, integrated surface and ground water management policy, so that a thorough,4
deliberate, public, legislative evaluation of the issues and concerns may be had before a5
permanent state policy is established. The legislature finds that, pending this legislative6
process, it is necessary to immediately provide for an appropriate level of management and7
availability of the state's surface water resources in the interim period, and to provide for an8
optimal level of protection and use of all the natural resources of the state. In this regard,9
the express intention of the legislature is that the provisions of Chapter 9-B of Title 30 of the10
Louisiana Revised Statutes of 1950, comprised of R.S. 30:961 through 963, shall be null,11
void, and without effect after December 31, 2012.12
Section 3. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
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)]
Morris HB No. 1486
Abstract: Authorizes cooperative endeavor agreements for the withdrawal of running
surface water.
Proposed law authorizes a person or entity to enter into a cooperative endeavor agreement
to withdraw running surface water with an agency or subdivision of the state authorized in
present law to enter such agreements or with the secretary of the Dept. of Natural Resources.
Proposed law provides that proposed law shall not effect the rights of riparian owners in
present law.
Proposed law requires that a cooperative endeavor agreement to withdraw running surface
water with an agency or subdivision of the state shall be in writing, for fair market value, in
the public interest, on a form prescribed by the State Mineral and Energy Board, and
approved by the attorney general and the secretary of the Dept. of Natural Resources. HLS 10RS-4000 REENGROSSED
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Proposed law authorizes the secretary of the Dept. of Natural Resources to enter into
cooperative endeavor agreement to withdraw running surface water and requires such
agreements to be in writing and for fair market value.
Proposed law requires the secretary to evaluate such agreements that each is in the public
interest and consider whether the agreement is based on good management practices and
sound science and consistent with present law requirement of balancing environmental and
ecological impacts with economic and social benefits. He must also consider the effects on
sustainability of the water body and on navigation. Applications for such cooperative
endeavor agreement shall be evaluated and action taken within 60 days of the application
being deemed complete.
Proposed law requires any assignment of agreements entered into pursuant to proposed law
must be approved by the secretary.
Proposed law authorizes the secretary to reduce or terminate withdrawals otherwise agreed
to in order to protect the resource and maintain sustainability.
Proposed law requires the secretary to consider existing users in approving or making
changes to an application and prioritizes the such users as human consumption, agricultural
uses, and finally, commercial and industrial uses.
Proposed law provides such agreements shall be consistent with integrated coastal
protection, and approval of agreements does not remove the necessity to obtain permits
required by present law.
Proposed law places the management and monitoring the implementation of these agreement
within the Dept. of Natural Resources.
Proposed law provides proposed law is not codifying, confirming, or ratifying; or overruling,
nullifying, or rejecting the statements of law contained in the Memorandum to All State
Surface Water Managers from the State Of Louisiana, Office of the Attorney General, and
secretary of the Department of Natural Resources dated Feb. 5, 2010, and also in Attorney
General opinions, 08-0176, 09-0028, 09-0066 and 09-0291.
Proposed law sunsets after Dec. 31, 2012.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 30:961-963)