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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 634
BY SENATOR CLAITOR
WATER/WATERWAYS. Provides relative to groundwater and surface water. (8/1/14)
AN ACT1
To enact Part I-B of Chapter 1 of Code Title 1 of Code Book II of Title 9 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 9:1116.1 through 1116.3, relative3
to water; to provide relative to groundwater and surface water; to provide relative to4
water rights and use; to provide certain terms, conditions, procedures, requirements,5
and effects; to provide relative to certain studies; to provide relative to creation of6
a Louisiana Water Code and comprehensive provisions governing water resources7
and use; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part I-B of Chapter 1 of Code Title 1 of Code Book II of Title 9 of the10
Louisiana Revised Statutes of 1950, comprised of R.S. 9:1116.1 through 1116.3, is hereby11
enacted to read as follows:12
PART I-B. LOUISIANA WATER CODE13
§1116.1. Short title 14
This Part shall be known as the "Louisiana Water Code". 15
§1116.2. Legislative findings16
A. The Legislature finds there is a significant public interest and need for17 SB NO. 634
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words in boldface type and underscored are additions.
the development of a comprehensive water code to govern Louisiana's water1
resources and their use. This includes surface water, groundwater, the nature2
and scope of riparian rights, and the need for the state to successfully manage3
and conserve its water resources.4
B. To that end, the Louisiana State Law Institute is hereby directed to5
form a Water Code Committee. The committee shall be an interdisciplinary6
committee, and shall include academicians, practitioner, scientists with7
expertise in hydrology, and government representatives with expertise in8
Louisiana's water resources and the state's existing administrative system of9
water management.10
C. Not later than January 1, 2017, the Water Code Committee shall11
present proposed legislation to the Legislature providing comprehensive Water12
Code provisions governing Louisiana's water resources and their use. The13
Water Code provisions shall include and address surface water, groundwater,14
the nature and scope of riparian rights, and the management and conservation15
of water resources by the state.16
§1116.3. Withdrawal limits on the use of groundwater17
A. Article IX, Section 1 of the Constitution of Louisiana mandates that18
the legislature shall enact laws to protect, conserve and replenish the natural19
resources of the state, specifically water. The legislature must ensure that the20
groundwater of the state is conserved and replenished for future generations.21
In order to accomplish this constitutional requirement, the legislature must be22
diligent in enacting legislation that will accomplish the purposes of the23
constitutional requirement.24
B.(1) From August 1, 2017, to July 31, 2018, the commissioner of25
conservation shall not authorize, issue or reissue any permit which allows the26
use or withdrawal of forty million gallons or more of groundwater per day.27
(2) From August 1, 2018, to July 31, 2019, the commissioner shall not28
authorize, issue or reissue any permit which allows the use or withdrawal of29 SB NO. 634
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words in boldface type and underscored are additions.
thirty-five million gallons or more of groundwater per day.1
(3) From August 1, 2019, to July 31, 2020, the commissioner shall not2
authorize, issue or reissue any permit which allows the use or withdrawal of3
thirty million gallons or more of groundwater per day.4
(4) Beginning August 1, 2020, the commissioner shall not authorize, issue5
or reissue any permit which allows the use or withdrawal of twenty-five million6
gallons or more of groundwater per day.7
(5) The provisions of this Subsection shall not apply to agricultural or8
residential uses.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Claitor (SB 634)
Proposed law creates Louisiana Water Code.
Proposed law provides that the Legislature finds there is a significant public interest and
need for the development of a comprehensive water code to govern Louisiana's water
resources and their use. This includes surface water, groundwater, the nature and scope of
riparian rights, and the need for the state to successfully manage and conserve its water
resources.
Proposed law further provides that, to that end, the Louisiana State Law Institute is hereby
directed to form a Water Code Committee. The committee shall be an interdisciplinary
committee, and shall include academicians, practitioner, scientists with expertise in
hydrology, and government representatives with expertise in Louisiana's water resources and
the state's existing administrative system of water management.
Proposed law further provides that not later than January 1, 2017, the Water Code
Committee shall present proposed legislation to the Legislature providing for comprehensive
Water Code provisions governing Louisiana's water resources and their use. The Water Code
shall include and address surface water, groundwater, the nature and scope of riparian rights,
and the management and conservation of water resources by the state.
Proposed law also provides certain limits on the use of groundwater. Provides that Article
IX, Section 1 of the Constitution of Louisiana mandates that the legislature shall enact laws
to protect, conserve and replenish the natural resources of the state, specifically water. The
legislature must ensure that the groundwater of the state is conserved and replenished for
future generations. In order to accomplish such constitutional requirement, the legislature
must be diligent in enacting legislation that will accomplish the purposes of the
constitutional requirement.
Proposed law provides that from August 1, 2017, to July 31, 2018, the commissioner of
conservation shall not authorize, issue or reissue any permit which allows the use or
withdrawal of 40 million gallons or more of groundwater per day. From August 1, 2018, to
July 31, 2019, the commissioner shall not authorize, issue or reissue any permit which
allows the use or withdrawal of 35 million gallons or more of groundwater per day. From SB NO. 634
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words in boldface type and underscored are additions.
August 1, 2019, to July 31, 2020, the commissioner shall not authorize, issue or reissue any
permit which allows the use or withdrawal of 30 million gallons or more of groundwater per
day. Beginning August 1, 2020, the commissioner shall not authorize, issue or reissue any
permit which allows the use or withdrawal of 25 million gallons or more of groundwater per
day. Proposed law also provides that such prohibitions shall not apply to agricultural or
residential uses.
Effective August 1, 2014.
(Adds R.S. 9:1116.1-1116.3)