RS 30:98.1

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RS 30:98.1

PART VIII. WATER RESOURCE MANAGEMENT

§98.1. Legislative declaration; purpose

A. The legislature declares that the management, protection, and development of water resources in the state are essential for public welfare, economic prosperity, and environmental sustainability. To fulfill these objectives, it is necessary to provide a framework for comprehensive water resource management, balancing environmental needs with human and economic activities. Accordingly, the legislature grants broad authority to the Department of Conservation and Energy to establish a comprehensive water resource management program taking into consideration the requirements, needs, and obligations of all stakeholders of water in the state of Louisiana.

The program shall be based on good management practices, sound science, and economics according to generally accepted principles in those disciplines. It shall include as a goal the long-term sustainability of the state's water resources and of the state's ecological welfare, while considering the economic value of the state's role in interstate commerce and the economic welfare of its citizens. Further, it shall provide for the efficient administration in the utilization and management of water resources, including the gathering of data related to the state's water resources.

Thus, the state's water resources shall be protected, conserved, managed, and replenished in an effective manner with due regard for the foregoing considerations and the best interest of all the citizens of the state.

B. The legislature hereby recognizes the need for uniformity in the establishment of a comprehensive water resource management program. Therefore, the state shall have exclusive jurisdiction over the management of water resources and this Part shall supersede and preempt any rule, regulation, code, statute, or ordinance of any political subdivision or other unit of local government. However, nothing contained in this Part shall be construed to deny such local government the authority over siting facilities pursuant to any general land use planning or zoning ordinance or to deny soil and water conservation districts powers granted pursuant to R.S. 3:1208.

C. In accordance with the legislative intent provided in this Section, the statewide water resource management program and any rule, regulation, or order of the secretary shall recognize historic use of water resources in the state and may incorporate the use of appropriate incentives to encourage conservation of water resources and the appropriate utilization of alternate water supplies where appropriate. Consistent with the provisions of this Chapter and in consultation with the secretary, the incentives and provisions of alternate water resources may be provided by the state, or any local subdivision thereof, by virtue of tax incentives, tax credits, and physical projects transporting or providing alternate water resources to existing water users and by any private person with an interest in conserving such water resources for public use.

Acts 2025, No. 458, §1, eff. Oct. 1, 2025.