§ 30:98.1 — Legislative declaration; purpose

Louisiana § 30:98.1

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§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.

Legislative History

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