ENROLLED
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 1
BY REPRESENTATIVES FANNIN, BOBBY BADON, BILLIOT, BURFORD, HENRY
BURNS, TIM BURNS, CHAMPAGNE, CHANDLER, CONNI CK, CORTEZ,
DANAHAY, DOERGE, DOWNS, ELLINGTON, GEYMANN, GISCLAIR,
GUINN, HARRISON, HAZEL, HENDERSON, SAM JONES, LABRUZZO,
LAMBERT, LEBAS, LEGER, LIGI, LITTLE, LORUSSO, MCVEA, MILLS,
MONTOUCET, MORRIS, NOWLIN, PEARSON, RICHARD, ROY, SCHRODER,
SIMON, SMILEY, GARY SMITH, PATRICIA SMITH, ST. GERMAIN, STIAES,
THIBAUT, WHITE, AND WILLIAMS AND SENATORS ADLEY, LONG,
SHAW, AND THOMPSON
A CONCURRENT RESOLUTI ON
To request the Ground Water Resources Commission, through its chair, to prepare a report
on the state's ground and surface water resources and to provide recommendations
for the optimal management and protection of the state's surface water and ground
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, 2012.
WHEREAS, the water resources of the state are a precious natural resource necessary
for public health, safety, and economic well-being; and
WHEREAS, Louisiana is underlain by thirteen major ground water aquifer systems,
which are the Red River Alluvial Aquifer, the Mississippi River Alluvial Aquifer, the
Upland Terrace Aquifer, the Chicot Aquifer System, the Chicot Equivalent Aquifer System,
the Evangeline Aquifer, the Evangeline Equivalent Aquifer System, the Jasper Aquifer
System, the Jasper Equivalent Aquifer System, the Catahoula Aquifer, the Cockfield
Aquifer, the Sparta Aquifer, and the Carrizo-Wilcox Aquifer; and
WHEREAS, the water resources of the state and the United States, generally, are in
high demand and in danger of overuse; and
WHEREAS, based on information provided in the United States Geological Survey's
2005 Water Use in Louisiana report, approximately five hundred eighty-four millions of
gallons of Louisiana's ground water were withdrawn in 2005, with approximately twenty-
two percent of that amount being used for public supply purposes, approximately eighteen ENROLLEDHCR NO. 1
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percent of that amount being used for industrial purposes, approximately three percent of
that amount being used for rural domestic purposes, and approximately fifty-seven percent
of that amount being used for irrigation; and
WHEREAS, based on information provided in the United States Geological Survey's
2005 Water Use in Louisiana report, approximately three million one hundred seventy-five
hundred millions of gallons of Louisiana's surface water were withdrawn in 2005, with
approximately seven percent of that amount being used for public supply purposes,
approximately eighty percent of that amount being used for industrial purposes, little to none
of that amount being used for rural domestic purposes, and approximately thirteen percent
of that amount being used for irrigation; and
WHEREAS, Article IX Section 1 of the Constitution of Louisiana declares that the
"natural resources of the state, including … water … shall be protected, conserved, and
replenished insofar as possible and consistent with the health, safety, and welfare of the
people. The Legislature shall enact laws to implement this policy"; and
WHEREAS, the legislature has empowered the Ground Water Resources
Commission with the authority to "continue the development … of a statewide ground water
resource management program that shall include but not be limited to evaluation of the
state's ground water resources including current and projected demands; development of a
water use conservation program; study of alternatives to ground water use, such as surface
water to include treatment and transmission systems, and reclaimed water; incentives for
conservation; use of alternative technologies; and education and conservation programs";
and
WHEREAS, the legislature has empowered the commissioner of conservation, who
is a member of the Ground Water Resources Commission, with the "administration of all
matters related to the management of the state's ground water resources by providing for the
most advantageous use of the resource consistent with the protection, conservation, and
replenishment thereof"; and
WHEREAS, the legislature has empowered the Department of Environmental
Quality, which is represented on the Ground Water Resources Commission, with the
authority to "prohibit, control, or abate … water pollution" in the state; and ENROLLEDHCR NO. 1
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WHEREAS, the legislature has empowered the Department of Health and Hospitals,
which is represented on the Ground Water Resources Commission, to ensure human health
and safety in relation to drinking water and the regulation of the treatment and disposal of
municipal or domestic sewerage; and
WHEREAS, the legislature has empowered the Department of Transportation and
Development, which is represented on the Ground Water Resources Commission, with the
supervision and overview of the construction, modification, operation, and maintenance of
dams within the state to the extent required to protect life and property and to provide for the
safety and welfare of the public within the state and with the authority to plan systems of
inland waterways, navigation drainage; irrigation and water conservation projects; foster the
maintenance, improvement, and extension of the Intracoastal Canal System and its feeders;
and initiate, sponsor, and carry through to completion all waterway projects which will
further develop and expand the water resources of Louisiana; and
WHEREAS, the legislature has empowered the Department of Wildlife and
Fisheries, which is represented on the Ground Water Resources Commission, with
controlling and supervising all wildlife of the state, including fish and all other aquatic life,
including the management, protection, conservation, and replenishment of wildlife, fish, and
aquatic life in the state. The department is also responsible for the conservation and
management of all renewable resources on all wildlife management areas, wildlife refuges,
scenic rivers, and wildlife preserves that it may own or lease; and
WHEREAS, the legislature has empowered the Department of Agriculture and
Forestry, which is represented on the Ground Water Resources Commission, to advise and
assist soil and water conservation districts, which administer the conservation, development,
utilization, and disposal of water within their districts for the benefit of local farmers; and
WHEREAS, the legislature has empowered the Governor's Office of Coastal
Activities, which is represented on the Ground Water Resources Commission, to provide
leadership and support to the Coastal Protection and Restoration Authority and to direct and
coordinate the development and implementation of policies, plans, and programs which
encourage multiple uses of the coastal zone and achieve a proper balance between
development and conservation, restoration, creation, and nourishment of coastal resources;
and ENROLLEDHCR NO. 1
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WHEREAS, the Ground Water Resources Commission also has representatives of
a geologic or engineering expert in ground water resource management; the Louisiana
Chemical Association, the Louisiana Mid-Continent Oil & Gas Association, the Louisiana
Association of Business and Industry, and the Louisiana Pulp & Paper Association; the
Louisiana Farm Bureau; the Police Jury Association of Louisiana; Louisiana Municipal
Association; the Sparta Groundwater Conservation District Board of Commissioners; the
Capital Area Groundwater Conservation District; individuals residing or working in the area
underlain by the Chicot Aquifer; the Louisiana Landowners Association; and the Louisiana
Wildlife Federation, Coalition to Restore Coastal Louisiana, and the League of Women
Voters; and
WHEREAS, from October 2008 to March 2010, the Ground Water Resources
Commission met seven times throughout Louisiana to learn and discuss issues involving the
management of ground water, including the study of alternatives to ground water use, such
as surface water; and
WHEREAS, several legal opinions have been requested from the attorney general
regarding water rights and related issues in the last year; and
WHEREAS, a February 5, 2010, memorandum was issued by the attorney general
and the secretary of the Department of Natural Resources advising: that under Louisiana law
persons, with the possible exception of riparian landowners, are not authorized to remove
state-owned surface water without obtaining the prior written approval of the state and
without paying fair value; in the event that a state agency or state political subdivision is
presented with a request to transfer or sell state-owned surface waters within its statutory
jurisdiction, the state agency or political subdivision should first review its statutory
authority to determine if it is in fact authorized to sell the state owned surface waters; if it
is so statutorily authorized, the state agency or political subdivision may enter into
negotiations with the private entity for the sale of state-owned surface water with the
understanding that any such sale must be for fair value and that any agreement must be
reduced to writing in the form of a contract or cooperative endeavor agreement and that any
such agreement is subject to prior approval by the office of the attorney general and the
Department of Natural Resources; and ENROLLEDHCR NO. 1
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WHEREAS, the Department of Natural Resources, following the unanimous
recommendation of the Ground Water Resources Commission, has retained the services of
a consultant to further study and evaluate the state's ground water resources to preserve their
quality and sustainability by evaluating current and projected demands, development of a
water use and incentives conservation plan, providing alternatives to ground water use and
solutions to mitigate and prevent further water level decline and water quality decline in
areas of concern identified throughout the state; and
WHEREAS, the Department of Transportation and Development has entered into a
contract, under the oversight of the Department of Natural Resources, with a consultant to
further study and evaluate the state's surface water resources to develop a statewide reservoir
priority and development program, including identification of the conditions of the state's
nine water basins and water resource supplies and demands, the sustainable yields of
streams, rivers, lakes, and reservoirs, the development of ground water and surface water
interactive models, and the development of a reservoir prioritization model and plan. The
evaluation process is critical to determine whether constructing a new reservoir is needed
and warranted.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
request the Ground Water Resources Commission, through its chair, to prepare a report on
the state's water resources, both ground water and surface water, and to provide
recommendations for the optimal management and protection of the state's water resources,
both ground water and surface water, including but not limited to the following: the study
of impacts and potential impacts to water quality in surface water and ground water, as well
as, current federal, state, and local efforts to protect water quality; surface water and ground
water resource management and protection policies in the areas of ground water concern as
designated by the commissioner of conservation, areas of the state that have experienced
increased water usage associated with the hydraulic fracturing used in the production of
natural gas from shale-gas formations, and the areas of high water use in Southwest
Louisiana and the capital area region; the procedure for selling running water and water in
naturally navigable water bodies owned by the state for private purposes; necessary changes
to current water resource management law in order to implement recommendations for the
optimal management and protection of the state's water resources, both ground water and ENROLLEDHCR NO. 1
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surface water; the necessary changes to current government procedures to make the
management and protection of the state's surface water and ground water resources both
more efficient and comprehensive; and water recycling and conservation incentives,
including tax incentives. The report shall be submitted to the House Committee on Natural
Resources and Environment and the Senate Committee on Environmental Quality no later
than March 1, 2012.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Department of Natural Resources.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE