HLS 22RS-2427 ENGROSSED
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 102
BY REPRESENTATIVE ROBERT OWEN
WATERWAYS/WATERBOTTOMS: Urges and requests that rules be codified defining
the public's right to access the running waters of this state in accordance with the
Louisiana's historical civil law tradition
1 A CONCURRENT RESOL UTION
2To urge and request that rules be codified defining the public's right to access the running
3 waters of this state in accordance with Louisiana's historical civil law tradition.
4 WHEREAS, Article I, Section 27 of the Constitution of Louisiana states that the
5freedom to hunt, fish, and trap wildlife is a valued natural heritage that shall be forever
6preserved for the people of Louisiana; and
7 WHEREAS, Louisiana Civil Code Article 450 includes in its definition of "public
8things" the running waters of this state and that this right of the public to access running
9waters has existed and been included in the law since the initial codification of civil law by
10the Roman Emperor Justinian over two thousand years ago; and
11 WHEREAS, as a public thing, public ownership of running waters entitles the public
12to access the running waters of this state, subject to the supervision and control of the state;
13and
14 WHEREAS, no laws codified by the legislature pursuant to this Resolution shall be
15deemed to establish a change in ownership of the beds, bottoms, and banks of any privately
16owned waterway, or entitle the public access to running waters which cannot be reached
17without trespass over private land; and
18 WHEREAS, no laws codified by the legislature pursuant to this Resolution shall be
19deemed to amend or change the entitlement to legal immunity from liability for the owners
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HCR NO. 102
1of privately owned land, waterbottoms, banks, or shoreline as provided for in R.S. 9:2791
2and 2795; and
3 WHEREAS, Louisiana law currently defines privately owned water in R.S. 56:8(103)
4which provides "privately owned waters means artificial reservoirs or enclosures located on
5privately owned property which are constructed so as to prevent at all times the ingress and
6egress of fish life from public waters; such reservoirs or enclosures located on privately
7owned property shall not include lands of natural streams or natural lake beds".
8 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
9urge and request that rules be codified defining the public's right to access the running waters
10of this state in accordance with Louisiana's historical civil law tradition.
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)]
HCR 102 Engrossed 2022 Regular Session Robert Owen
Urges and requests that rules be codified defining the public's right to access the running
waters of this state in accordance with Louisiana's historical civil law tradition.
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