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Regular Session, 2012 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 53
BY SENATOR CLAITOR
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study legal issues surrounding
groundwater and surface water law and report its recommendation to the legislature
on or before March 1, 2013.
WHEREAS, Article IX, Section 1 of the Constitution of Louisiana states that the
water of the state "shall be protected, conserved, and replenished insofar as possible and
consistent with the health, safety, and welfare of the people"; and
WHEREAS, according to the U.S. Geological Survey, total withdrawals from
Louisiana groundwater and surface water sources in 2010 were approximately eight
thousand five hundred million gallons per day, a decrease of about seventeen percent since
2005; and
WHEREAS, according to the U.S. Geological Survey, surface water withdrawals
decreased by approximately twenty percent during this period, and groundwater withdrawals
increased by two percent; and
WHEREAS, Louisiana has applied various and often times conflicting legal rules
such as rule of capture, absolute ownership, and riparian rights, and this has resulted in the
concept that running surface waters of the state are recognized as public resources, owned
by the state, and usually subject to a charge for consumption, with the exceptions of riparian
owners and other uses such as agriculture, aquaculture, and municipal purposes; and
WHEREAS, groundwater, when reduced to possession, is treated as privately owned
and free of charge; and
WHEREAS, this differing treatment of groundwater and surface water results in the
state charging for surface water that is normally in abundance, but allowing the free
withdrawal of groundwater which is often in limited supply; and
WHEREAS, a recommendation of the Louisiana Groundwater Resources
Commission's report entitled "Managing Louisiana's Groundwater Resources" is to engage
legal scholars to research and explore the potential non-compensated consumption of surface
water when used as an alternative to groundwater; and SCR NO. 53 ENROLLED
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WHEREAS, the legislature should be fully informed as to the legal aspects of the
withdrawal and sales of surface water and groundwater resources, including potential effects,
consequences, impacts upon current state laws such as Civil Code Art. 667, and the
necessity, if any, for revisions to Louisiana law.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
request the Louisiana State Law Institute to study legal issues surrounding groundwater and
surface water law and any needs for revisions to current law.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report
its finding and recommendations to the Legislature of Louisiana on or before March 1, 2013.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES