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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 1
BY REPRESENTATIVES FANNIN, MORRIS, BOBBY BADON, BILLIOT, BURFORD,
HENRY BURNS, TIM BURNS, CHAMPAGNE, CHANDLER, CONNI CK,
CORTEZ, DANAHAY, DOERGE, DOWNS, ELLI NGTON, GEYMANN,
GISCLAIR, GUINN, HARRISON, HAZEL, HENDERSON, SAM JONES,
LABRUZZO, LAMBERT, LEBAS, LEGER, LIGI, LITTLE, LORUSSO, MCVEA,
MILLS, MONTOUCET, NOWLIN, PEARSON, RICHARD, ROY, SCHRODER,
SIMON, SMILEY, GARY SMITH, PATRICIA SMITH, ST. GERMAIN, STIAES,
THIBAUT, WHITE, AND WILLIAMS 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 ground water and surface water
resources
A CONCURRENT RESOLUTI ON1
To request the Ground Water Resources Commission, through its chair, to prepare a report2
on the state's ground and surface water resources and to provide recommendations3
for the optimal management and protection of the state's surface water and ground4
water 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 ground water 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 HLS 10RS-457 ENGROSSED
HCR NO. 1
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WHEREAS, the water resources of the state and the United States, generally, are in1
high demand and in danger of overuse; and2
WHEREAS, based on information provided in the United States Geological Survey's3
2005 Water Use in Louisiana report, approximately five hundred eighty-four millions of4
gallons of Louisiana's ground water were withdrawn in 2005, with approximately twenty-5
two percent of that amount being used for public supply purposes, approximately eighteen6
percent of that amount being used for industrial purposes, approximately three percent of7
that amount being used for rural domestic purposes, and approximately fifty-seven percent8
of that amount being used for irrigation; and9
WHEREAS, based on information provided in the United States Geological Survey's10
2005 Water Use in Louisiana report, approximately three million one hundred seventy-five11
hundred millions of gallons of Louisiana's surface water were withdrawn in 2005, with12
approximately seven percent of that amount being used for public supply purposes,13
approximately eighty percent of that amount being used for industrial purposes, little to none14
of that amount being used for rural domestic purposes, and approximately thirteen percent15
of that amount being used for irrigation; and16
WHEREAS, Article IX Section 1 of the Constitution of Louisiana declares that the17
"natural resources of the state, including … water … shall be protected, conserved, and18
replenished insofar as possible and consistent with the health, safety, and welfare of the19
people. The Legislature shall enact laws to implement this policy"; and20
WHEREAS, the legislature has empowered the Ground Water Resources21
Commission with the authority to "continue the development … of a statewide ground water22
resource management program that shall include but not be limited to evaluation of the23
state's ground water resources including current and projected demands; development of a24
water use conservation program; study of alternatives to ground water use, such as surface25
water to include treatment and transmission systems, and reclaimed water; incentives for26
conservation; use of alternative technologies; and education and conservation programs";27
and28
WHEREAS, the legislature has empowered the commissioner of conservation, who29
is a member of the Ground Water Resources Commission, with the "administration of all30 HLS 10RS-457 ENGROSSED
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matters related to the management of the state's ground water resources by providing for the1
most advantageous use of the resource consistent with the protection, conservation, and2
replenishment thereof"; and3
WHEREAS, the legislature has empowered the Department of Environmental4
Quality, which is represented on the Ground Water Resources Commission, with the5
authority to "prohibit, control, or abate … water pollution" in the state; and6
WHEREAS, the legislature has empowered the Department of Health and Hospitals,7
which is represented on the Ground Water Resources Commission, to ensure human health8
and safety in relation to drinking water and the regulation of the treatment and disposal of9
municipal or domestic sewerage; and10
WHEREAS, the legislature has empowered the Department of Transportation and11
Development, which is represented on the Ground Water Resources Commission, with the12
supervision and overview of the construction, modification, operation, and maintenance of13
dams within the state to the extent required to protect life and property and to provide for the14
safety and welfare of the public within the state and with the authority to plan systems of15
inland waterways, navigation drainage; irrigation and water conservation projects; foster the16
maintenance, improvement, and extension of the Intracoastal Canal System and its feeders;17
and initiate, sponsor, and carry through to completion all waterway projects which will18
further develop and expand the water resources of Louisiana; and19
WHEREAS, the legislature has empowered the Department of Wildlife and20
Fisheries, which is represented on the Ground Water Resources Commission, with21
controlling and supervising all wildlife of the state, including fish and all other aquatic life,22
including the management, protection, conservation, and replenishment of wildlife, fish, and23
aquatic life in the state. The department is also responsible for the conservation and24
management of all renewable resources on all wildlife management areas, wildlife refuges,25
scenic rivers, and wildlife preserves that it may own or lease; and26
WHEREAS, the legislature has empowered the Department of Agriculture and27
Forestry, which is represented on the Ground Water Resources Commission, to advise and28
assist soil and water conservation districts, which administer the conservation, development,29
utilization, and disposal of water within their districts for the benefit of local farmers; and30 HLS 10RS-457 ENGROSSED
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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 ground water 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 ground water, including the study of alternatives to ground water 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 statutory30 HLS 10RS-457 ENGROSSED
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authority to determine if it is in fact authorized to sell the state owned surface waters; if it1
is so statutorily authorized, the state agency or political subdivision may enter into2
negotiations with the private entity for the sale of state-owned surface water with the3
understanding that any such sale must be for fair value and that any agreement must be4
reduced to writing in the form of a contract or cooperative endeavor agreement and that any5
such agreement is subject to prior approval by the office of the attorney general and the6
Department of Natural 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 ground water 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 ground water 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 ground water and surface water, and to provide26
recommendations for the optimal management and protection of the state's water resources,27
both ground water and surface water, including but not limited to the following: the study28
of impacts and potential impacts to water quality in surface water and ground water, as well29
as, current federal, state, and local efforts to protect water quality; surface water and ground30 HLS 10RS-457 ENGROSSED
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water resource management and protection policies in the areas of ground water concern as1
designated by the commissioner of conservation, areas of the state that have experienced2
increased water usage associated with the hydraulic fracturing used in the production of3
natural gas from shale-gas formations, and the areas of high water use in Southwest4
Louisiana and the capital area region; the procedure for selling running water and water in5
naturally navigable water bodies owned by the state for private purposes; necessary changes6
to current water resource management law in order to implement recommendations for the7
optimal management and protection of the state's water resources, both ground water and8
surface water; the necessary changes to current government procedures to make the9
management and protection of the state's surface water and ground water resources both10
more efficient and comprehensive; and water recycling and conservation incentives,11
including tax incentives. The report shall be submitted to the House Committee on Natural12
Resources and Environment and the Senate Committee on Environmental Quality no later13
than March 1, 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 ground water 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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Made technical amendments.