WATER SOURCING IN LOUISIANA

Louisiana Department of Natural Resources

5

th 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

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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.”

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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) 

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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) 

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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.

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ACT 955 of 2010 
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Current Situation

Groundwater Surface Water (source: USGS)
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Rig Supply Frac Supply Oct 2013
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Changes In 2014

Groundwater :

• No regulatory changes

Surface Water:

• Renewal of ACT 532 of 2012
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Groundwater Resources

of Louisiana

Regulated by: 

LDNR Office of Conservation
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DNR Groundwater Withdrawal Oversight: 

• Ground Water Resources Law

– LRS 38:3097 (GW Use and Sustainability)

– LRS 38:3098 (Well Construction and Aquifer 

Protection)
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 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 Approach
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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.pdf
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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 Requirements
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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 Installation
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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 

form
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WH-1 form

Supplemental

Page 3

http://dnr.louisiana.gov/assets/OC/eng_div/WH1_supplemental_page_3.pdf
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Surface Water 

Resources of Louisiana

Administered by: 

LDNR Office of the Secretary
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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 Agreements
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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 Permits
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Louisiana Legislature

ACT 955 of 2010 & ACT 532 of 2012

(LRS 30:961-963)

Voluntary

Cooperative Endeavor Agreements

To Withdraw

Running Surface Water
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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 documentation
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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 breakdown
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Application 

Process
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• 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.
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Louisiana Natural and Scenic 

Rivers System

Regulated by: 

Louisiana Dept. of Wildlife and Fisheries

http://www.wlf.louisiana.gov/scenic-rivers
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THANK YOU
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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