The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 177 Original 2020 Regular Session Allain
Present constitution prohibits the state from alienating the bed of a navigable water body except for
purposes of reclamation by the riparian owner of property lost through erosion. Further, requires the
reclamation of water bottoms be only for public use, except as provided in present constitution.
Present constitution provides the prohibition on alienating the water bottoms of navigable water
bodies does not apply to leasing of water bottoms for minerals or other purposes.
Proposed constitution authorized the state to enter into agreements with riparian landowners to
establish a permanent, fixed boundary between state owned or claimed and privately owned or
claimed water bottoms, regardless of the navigability of the water body.
Proposed constitution authorizes the state in such agreements to accept a donation of any riparian
landowner owned or claimed lands or water bottoms, subject to a perpetual reservation of minerals,
regardless of any subsequent erosion or loss of the land donated, or of the present or future
navigability of the water bottom donated. However, all such agreements must provide that the public
enjoy a permanent right of reasonable, regulated public access over all present water bottoms
allocated to the riparian landowner and all future water bottoms created from the riparian land as a
result of natural erosion, subsidence or rising sea levels.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 3, 2020.
(Amends Article IX, Section 3 and 4(A))