## WATER SOURCING IN LOUISIANA

Louisiana Department of Natural Resources

5th Annual Shale Play Water Management

2014 : Southern States Dallas, Texas

# Louisiana Water Laws

• Application of the “Absolute Ownership” and “Rule of Capture” principles results in largely unlimited access by landowners to groundwater within their property boundaries
• By contrast, “Riparian Rights” for surface waters have traditionally had more limits within Louisiana law.
• Similar to groundwater, riparian rights are held by the owner by virtue of the spatial relationship of the property and the water

LOUISIANA WATER SOURCING

# Water Laws

• Civil Code Article 657 . Estate bordering on running water . The owner of an estate bordering on running water may use it as it runs for the purpose of watering his estate or for other purposes. Acts 1977, No. 514, § 1.
• Civil Code Article 658. Estate through which water runs . The owner of an estate through which water runs, whether it originates there or passes from lands above, may make use of it while it runs over his lands. He cannot stop it or give it another direction and is bound to return it to its ordinary channel where it leaves his estate. Acts 1977, No. 514, § 1.
• Civil Code Article 667 limits the riparian owner’s uses to those that that do not “deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him.”

LOUISIANA WATER SOURCING

# Riparian Rights

• Limited to domestic purposes.
• Riparian user is bound to return the water to its original channel
• Riparian use is limited by its effect on neighbors
• Surface waters are not treated in law as privately owned. A riparian owner has a right to the “ use” of surface waters, but not legal title to the water. “ Usufruct” of a public resource.

• Similar to the treatment of other fugitive resources like wildlife (game animals) and liquid minerals ( petroleum)

LOUISIANA WATER SOURCING

# Attorney General’s Opinions

• No right to private ownership of running waters ( 08-0176) • If a lake’ s water is considered “ running water, it is owned by the • State ( 09-0028) • Sales of state waters must be for fair market value ( 09-0066) • Political subdivisions of the State may only sell running waters with specific legislative authority ( 09-0291) • Riparian owner may access and “ use” running water for his estate, but the water remains a public thing owned by the State ( 10-0173) • Statute authorizing a political subdivision to “ regulate the use of • water” gives regulatory control, but does not grant rights with • regard to selling the waters at issue ( 10-0289) • Sabine River Authority has a specific statutory exemption from these limitations ( 10-0297)

LOUISIANA WATER SOURCING

# Prioritized Use and Users G.(1) The secretary, in deciding whether to approve or require changes in an application for a cooperative endeavor agreement to withdraw running surface water, or assignment of such, shall consider the various existing and potential users of the resource and shall give appropriate consideration and priority to the following users or uses in the following order of priority :
• (a) Human consumption by means of a public water system or a private water system that provides domestic potable water service. • (b) Agricultural uses that provide sustenance to animals or irrigation to plants. • (c) Any commercial purpose or other industrial or mining activity.

LOUISIANA WATER SOURCING

ACT 955 of 2010LOUISIANA WATER SOURCING



# Current Situation

Groundwater Surface Water (source: USGS)LOUISIANA WATER SOURCING

Rig Supply Frac Supply Oct 2013LOUISIANA WATER SOURCING



# Changes In 2014 Groundwater :
• No regulatory changes Surface Water:
• Renewal of ACT 532 of 2012LOUISIANA WATER SOURCING 

# Groundwater Resources of Louisiana Regulated by: 

## LDNR Office of ConservationLOUISIANA WATER SOURCING DNR Groundwater Withdrawal Oversight:

• Ground Water Resources Law

– LRS 38:3097 (GW Use and Sustainability)

– LRS 38:3098 (Well Construction and Aquifer Protection)LOUISIANA WATER SOURCING

 2001 Act 446 Established GWRC, GWMATF  2003 Act 49 Law Authorizes Conservation to implement a GW Mgmt Program. Existing 2002 GW Regulations Amended in June 2004  Act 225 of 2005 Defines Area of Concern and Critical Area of Concern  Act 581 of 2008 Provided for imposition of civil penalties for regulatory violations  Act 437 of 2009 Transfers DOTD Driller Licensing and Well Registration Program to Conservation  HCR 1 of 2010 Mandates GWRC to Issue Report to the Gov .and Legis. on GW and SW Resources  Act 471 of 2012 GWRC Becomes WRC with Expanded Membership and Role. Provides for a Comprehensive, All Inclusive Water Resource Management ApproachLOUISIANA WATER SOURCING

HCR 1 instructs the Ground Water Resources Commission to study and to provide recommendations for the optimal management of the states ground and surface water resources. http://dnr.louisiana.gov/assets/docs/conservation/groun

dwater/12.Final.GW.Report.pdf JANUARY 2014 UPDATE: http://dnr.louisiana.gov/assets/OC/env_div/gw_res/NE WS_RELEASE/WRC_ManagementRecommendations

_StatusUpdate_Jan2014.pdfLOUISIANA WATER SOURCING 

## Water Well Installation Owner Notification LAC 43:VI.Subpart 1.Chapters 1 – 7 • Advance Notice of Intent

– Includes Frac Water Supply Use

– Drilling Rig Supply Use Exemption • Agency Evaluation

– Nearby Water Wells

– Aquifer Sustainability Issues • Agency Determination

– Require Additional Information

– Restrict Production

– Set Spacing RequirementsLOUISIANA WATER SOURCING 

### Water Well Construction / Driller Registration LAC 56:I.Chapters 1 - 7 • Construction • Registration • Plugging & Abandonment • Agency Determination LAC 46:LXXXIX.Chapters 1 – 11 • Licensing • Annual Renewal & Continuing Education • Includes Water Well & Monitor Well InstallationLOUISIANA WATER SOURCING 

### Policy for Reporting Water Use in 

### Hydraulic Fracture Operations Commissioner’s Order, 9/15/09, mandating reporting of the amount and source of water used in hydraulic fracture; to be are reported on the back of the WH - 1 formLOUISIANA WATER SOURCING



### WH - 1 form Supplemental 

### Page 3

http://dnr.louisiana.gov/assets/OC/eng_div/WH 1_supplemental_page_3.pdfLOUISIANA WATER SOURCING



# Surface Water 

# Resources of Louisiana Administered by: LDNR Office of the SecretaryLOUISIANA WATER SOURCING 

## Surface Water Usage Monitoring Most requests for water usage, since Act 955 was signed, have occurred in NW Louisiana, and are associated with the Haynesville Shale Play Source of Information :
• USACE Section 10 permits • DNR-Office of Conservation WH - 1 forms • Cooperative Endeavor AgreementsLOUISIANA WATER SOURCING

MEMORANDUM OF UNDERSTANDING

• Agreement between DNR, DEQ and DWF • Coordination with CPRA, DHH, DOTD and others, as needed Review and Comment on:

• U.S. Army Corps of Engineers’ Section 10 PermitsLOUISIANA WATER SOURCING



## Louisiana Legislature ACT 955 of 2010 & ACT 532 of 2012



## (LRS 30:961 -963) Voluntary Cooperative Endeavor Agreements



## To Withdraw Running Surface WaterLOUISIANA WATER SOURCING



## Application Content

• Plan of Water Use:  Specific and detailed description of the withdrawal event(s), by whom and for what purpose(s)  Specific description of waterbody condition, current use, impairment, and other relevant scientific information  Description of potential impact, and proposed monitoring and mitigating activities  Supporting documentationLOUISIANA WATER SOURCING



# Application Content

• Economic Impact Report :  Detailed description of how the state will be compensated  Detailed description of social and economic benefits  Detailed project-specific cost breakdownLOUISIANA WATER SOURCING 

## Application 

# ProcessLOUISIANA WATER SOURCING

• PROTECTION OF THE RESOURCE

– The secretary is required to make sure each withdrawal agreement provides for the secretary’s authority to protect the resource and to maintain sustainability and environmental and ecological balance .

– The secretary may take action to protect the resource including: • Suspension or termination of the withdrawal of water. • Other necessary actions.LOUISIANA WATER SOURCING 

# Louisiana Natural and Scenic 

# Rivers System Regulated by: Louisiana Dept. of Wildlife and Fisheries

http://www.wlf.louisiana.gov/scenic- riversLOUISIANA WATER SOURCINGLOUISIANA WATER SOURCING



## THANK YOULOUISIANA WATER SOURCING



## CONTACT INFORMATION Office of Conservation Groundwater Resources Website : http ://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=455&pnid=0&nid=173 Office of the Secretary Surface Water Initiative Website: http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=92&pnid=0&nid=375