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)]
HB 391 Original 2018 Regular Session Pearson
Abstract: Provides for the public navigation of running waters, including those running waters
passing over any privately owned water bottom directly connected to a state-owned water
bottom that is subject to the ebb and flow of the tide.
Present law (C.C. Art. 450) provides, in part, that public things are owned by the state or its political
subdivisions and that running waters are public things.
Present law (C.C. Art. 452) provides, in part, that everyone has the right to fish in the rivers, ports,
roadsteads, and harbors, and the right to land on the seashore, to fish, to shelter himself, to moor
ships, to dry nets, and the like, provided he does not cause injury to the property of adjoining owners.
Present law (C.C. Arts. 455 and 456) provides, in part, that private things may be subject to public
use in accordance with law or by dedication, and further provides that the banks of navigable rivers
or streams are private things that are subject to public use.
Present law (C.C. Art. 3413 and R.S. 56:3) provides, in part, that wild animals, birds, fish, and
shellfish in a state of natural liberty either belong to the state or are things without an owner, but that
the owner of a tract of land may forbid entry to anyone for purposes of hunting or fishing, and the
like.
Proposed law clarifies present law by providing that the running waters of the state and the wild
aquatic life inhabiting those waters are and remain the property of the state and that title and
ownership of these natural resources remain unchanged whether they flow over public or private
water bottoms, and further provides that the running waters and aquatic life are subject to the
supervision and control of the state.
Proposed law provides that no person may prohibit the public navigation of running waters which
are navigable by a motorboat required to be registered or numbered pursuant to the laws of this state
or the U.S., except where navigation has been prevented or impeded by an obstacle constructed by
the landowner prior to March 2, 2018.
Proposed law provides that for the purposes of proposed law, "running waters" mean running waters
as provided in Civil Code Article 450 and includes waters passing over any privately owned water
bottom which has a direct natural or man-made inlet or outlet to a state-owned water bottom that is
subject to the ebb and flow of the tide of the Gulf of Mexico and the tidally influenced arms and
tributaries passing through the coastal areas of this state. Proposed law specifies that proposed law cannot be deemed to establish a change in ownership of
the bottoms and banks of any privately owned waterway, and that no watercraft powered by a
combustible engine may be used to navigate running waters over privately owned water bottoms and
banks of waterways in such a way as to cause damage to the bottoms or banks of the waterway.
Proposed law provides that the owner of a privately owned water bottom or bank is entitled to the
existing limitations of liability for owners of property used for noncommercial recreational purposes.
(Adds R.S. 9:1251.1)