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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 1
BY REPRESENTATIVES FANNIN, MORRIS, BURFORD, HENRY BURNS, TIM
BURNS, CHAMPAGNE, CHANDLER, CONNI CK, CORTEZ, DANAHAY,
DOERGE, DOWNS, ELLINGTON, GEYMANN, HARRISON, HAZEL, SAM
JONES, LABRUZZO, LAMBERT, LEBAS, LIGI, LORUSSO, MCVEA, MILLS,
NOWLIN, PEARSON, RICHARD, ROY, SCHRODER, SIMON, SMILEY, GARY
SMITH, PATRICIA SMITH, ST. GERMAIN, STIAES, THIBAUT, AND WHITE
AND SENATORS ADLEY, LONG, AND SHAW
WATER/RESOURCES: Requests the Ground Water Commission to study and make
recommendations on the management of the state's groundwater and surface water
resources
A CONCURRENT RESOLUTI ON1
To request the Ground Water Resources Commission, through its chair, prepare a report on2
the state's ground and surface water resources and to provide recommendations for3
the optimal management and protection of the state's surface water and groundwater4
resources, to be submitted to the House Committee on Natural Resources and5
Environment and the Senate Committee on Environmental Quality no later than6
March 1, 2011.7
WHEREAS, the water resources of the state are a precious natural resource necessary8
for public health, safety, and economic well-being; and9
WHEREAS, Louisiana is underlain by thirteen major groundwater aquifer systems,10
which are the Red River Alluvial Aquifer, the Mississippi River Alluvial Aquifer, the11
Upland Terrace Aquifer, the Chicot Aquifer System, the Chicot Equivalent Aquifer System,12
the Evangeline Aquifer, the Evangeline Equivalent Aquifer System, the Jasper Aquifer13
System, the Jasper Equivalent Aquifer System, the Catahoula Aquifer, the Cockfield14
Aquifer, the Sparta Aquifer, and the Carrizo-Wilcox Aquifer; and15
WHEREAS, the water resources of the state and the United States, generally, are in16
high demand and in danger of overuse; and17 HLS 10RS-457 ORIGINAL
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WHEREAS, based on information provided in the United States Geological Survey's1
2005 Water Use in Louisiana report, approximately five hundred eighty-four thousand2
millions of gallons of Louisiana's groundwater were withdrawn in 2005, with approximately3
twenty two percent of that amount being used for public supply purposes, approximately4
eighteen percent of that amount being used for industrial purposes, approximately three5
percent of that amount being used for rural domestic purposes, and approximately fifty-6
seven percent of that amount being used for irrigation; and7
WHEREAS, based on information provided in the United States Geological Survey's8
2005 Water Use in Louisiana report, approximately three million one hundred seventy-five9
hundred millions of gallons of Louisiana's surface water were withdrawn in 2005, with10
approximately seven percent of that amount being used for public supply purposes,11
approximately eighty percent of that amount being used for industrial purposes, little to none12
of that amount being used for rural domestic purposes, and approximately thirteen percent13
of that amount being used for irrigation; and14
WHEREAS, Article IX Section 1 declares that the "natural resources of the state,15
including … water … shall be protected, conserved, and replenished insofar as possible and16
consistent with the health, safety, and welfare of the people. The Legislature shall enact laws17
to implement this policy"; and18
WHEREAS, the legislature has empowered the Ground Water Resources19
Commission with the authority to "continue the development … of a statewide ground water20
resource management program that shall include but not be limited to evaluation of the21
state's ground water resources including current and projected demands; development of a22
water use conservation program; study of alternatives to ground water use, such as surface23
water to include treatment and transmission systems, and reclaimed water; incentives for24
conservation; use of alternative technologies; and education and conservation programs";25
and26
WHEREAS, the legislature has empowered the commissioner of conservation, who27
is a member of the Ground Water Resources Commission, with the "administration of all28
matters related to the management of the state's groundwater resources by providing for the29 HLS 10RS-457 ORIGINAL
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most advantageous use of the resource consistent with the protection, conservation, and1
replenishment thereof"; and2
WHEREAS, the legislature has empowered the Department of Environmental3
Quality, which is represented on the Ground Water Resources Commission, with the4
authority to "prohibit, control, or abate … water pollution" in the state; and5
WHEREAS, the Legislature has empowered the Department of Health and Hospitals,6
which is represented on the Ground Water Resources Commission, to ensure human health7
and safety in relation to drinking water and the regulation of the treatment and disposal of8
municipal or domestic sewerage; and9
WHEREAS, the legislature has empowered the Department of Transportation and10
Development, which is represented on the Ground Water Resources Commission, with the11
supervision and overview of the construction, modification, operation, and maintenance of12
dams within the state to the extent required to protect life and property and to provide for the13
safety and welfare of the public within the state and with the authority to plan systems of14
inland waterways, navigation drainage; irrigation and water conservation projects; foster the15
maintenance, improvement, and extension of the Intracoastal Canal System and its feeders;16
and initiate, sponsor, and carry through to completion all waterway projects which will17
further develop and expand the water resources of Louisiana; and18
WHEREAS, the legislature has empowered the Department of Wildlife and19
Fisheries, which is represented on the Ground Water Resources Commission, with20
controlling and supervising all wildlife of the state, including fish and all other aquatic life,21
including the management, protection, conservation, and replenishment of wildlife, fish, and22
aquatic life in the state. The department is also responsible for the conservation and23
management of all renewable resources on all wildlife management areas, wildlife refuges,24
scenic rivers, and wildlife preserves that it may own or lease; and25
WHEREAS, the legislature has empowered the Department of Agriculture and26
Forestry, which is represented on the Ground Water Resources Commission, to advise and27
assist soil and water conservation districts, which administer the conservation, development,28
utilization, and disposal of water within their districts for the benefit of local farmers; and29 HLS 10RS-457 ORIGINAL
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WHEREAS, the legislature has empowered the Governor's Office of Coastal1
Activities, which is represented on the Ground Water Resources Commission, to provide2
leadership and support to the Coastal Protection and Restoration Authority and to direct and3
coordinate the development and implementation of policies, plans, and programs which4
encourage multiple uses of the coastal zone and achieve a proper balance between5
development and conservation, restoration, creation, and nourishment of coastal resources;6
and7
WHEREAS, the Ground Water Resources Commission also has representatives of8
a geologic or engineering expert in groundwater resource management; the Louisiana9
Chemical Association, the Louisiana Mid-Continent Oil & Gas Association, the Louisiana10
Association of Business and Industry, and the Louisiana Pulp & Paper Association; the11
Louisiana Farm Bureau; the Police Jury Association of Louisiana; Louisiana Municipal12
Association; the Sparta Groundwater Conservation District Board of Commissioners; the13
Capital Area Groundwater Conservation District; individuals residing or working in the area14
underlain by the Chicot Aquifer; the Louisiana Landowners Association; and the Louisiana15
Wildlife Federation, Coalition to Restore Coastal Louisiana, and the League of Women16
Voters; and17
WHEREAS, from October 2008 to March 2010, the Ground Water Resources18
Commission met seven times throughout Louisiana to learn and discuss issues involving the19
management of groundwater, including the study of alternatives to groundwater use, such20
as surface water; and21
WHEREAS, several legal opinions have been requested from the Attorney General22
regarding water rights and related issues in the last year; and23
WHEREAS, a February 5, 2010, memorandum was issued by the attorney general24
and the Secretary of the Department of Natural Resources advising: that under Louisiana law25
persons, with the possible exception of riparian landowners, are not authorized to remove26
state owned surface water without obtaining the prior written approval of the state and27
without paying fair value; in the event that a state agency or state political subdivision is28
presented with a request to transfer or sell state owned surface waters within its statutory29
jurisdiction the state agency or political subdivision should first review its statutory authority30 HLS 10RS-457 ORIGINAL
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to determine if it is in fact authorized to sell the state owned surface waters; if it is so1
statutorily authorized, the state agency or political subdivision may enter into negotiations2
with the private entity for the sale of state owned surface water with the understanding that3
any such sale must be for fair value and that any agreement must be reduced to writing in4
the form of a contract or cooperative endeavor agreement and that any such agreement is5
subject to prior approval by the office of the attorney general and the Department of Natural6
Resources; and7
WHEREAS, the Department of Natural Resources, following the unanimous8
recommendation of the Ground Water Resources Commission, has retained the services of9
a consultant to further study and evaluate the state's ground water resources to preserve their10
quality and sustainability by evaluating current and projected demands, development of a11
water use and incentives conservation plan, providing alternatives to groundwater use and12
solutions to mitigate and prevent further water level decline and water quality decline in13
areas of concern identified throughout the state; and14
WHEREAS, the Department of Transportation and Development has entered into a15
contract, under the oversight of the Department of Natural Resources, with a consultant to16
further study and evaluate the state's surface water resources to develop a statewide reservoir17
priority and development program, including identification of the conditions of the state's18
nine water basins and water resource supplies and demands, the sustainable yields of19
streams, rivers, lakes and reservoirs, the development of groundwater and surface water20
interactive models, and the development of a reservoir prioritization model and plan. The21
evaluation process is critical to determine whether constructing a new reservoir is needed22
and warranted.23
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby24
request the Ground Water Resources Commission, through its chair, to prepare a report on25
the state's water resources, both groundwater and surface water, and to provide26
recommendations for the optimal management and protection of the state's water resources,27
both groundwater and surface water, including but not limited to the following: the study of28
impacts and potential impacts to water quality in surface water and groundwater, as well as,29
current federal, state, and local efforts to protect water quality; surface water and30 HLS 10RS-457 ORIGINAL
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groundwater resource management and protection policies in the areas of groundwater1
concern as designated by the commissioner of conservation, areas of the state that have2
experienced increased water usage associated with the hydraulic fracturing used in the3
production of natural gas from shale-gas formations, and the areas of high water use in4
Southwest Louisiana and the capital area region; the procedure for selling running water and5
water in naturally navigable water bodies owned by the state for private purposes; necessary6
changes to current water resource management law in order to implement recommendations7
for the optimal management and protection of the state's water resources, both groundwater8
and surface water; the necessary changes to current government procedures to make the9
management and protection of the state's surface water and groundwater resources both more10
efficient and comprehensive; and water recycling and conservation incentives, including tax11
incentives. The report shall be submitted to the House Committee on Natural Resources and12
Environment and the Senate Committee on Environmental Quality no later than March 1,13
2011.14
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the15
secretary of the Department of Natural Resources.16
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 HCR No. 1
Requests the Ground Water Resources Commission, through its chair, to prepare a report on
the state's groundwater and surface water resources and to provide recommendations for the
optimal management and protection of the state's water resources to be submitted to the
House Committee on Natural Resources and Environment and the Senate Committee on
Environmental Quality no later than March 1, 2011.