§ 38:3097.1 — Legislative findings; purpose; effect

Louisiana § 38:3097.1

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§3097.1. Legislative findings; purpose; effect
A. As the effective management and planning in the utilization of the state's water
resources is hereby found and declared to be a matter of public interest, the state must have
a comprehensive ground water management program. Said program must take 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 must include
as a goal the long-term sustainability of the state's ground water aquifers and preservation of
the state's ecological welfare, while considering the economic value thereof to the state's role
in interstate commerce and the economic welfare of its citizens. Further, it must provide for
the efficient administration in the utilization and management of ground water resources,
including the gathering of data related to the state's water resources. Thus, the state's water
resources must be protected, conserved, managed, and replenished in an effective manner,
with due regard for the foregoing considerations and in 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 ground water management program. Therefore, the state shall have
exclusive jurisdiction over the management of ground water and this Chapter 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 Chapter shall be
construed to deny such local government the authority over siting facilities pursuant to any
general land use planning or zoning or to deny soil and water conservation districts powers
granted pursuant to R.S. 3:1208.
C. In accordance with the legislative intent provided herein, the statewide ground
water resource management program and any rule, regulation, or order of the secretary shall
recognize historic use of ground water resources in the state and may incorporate the use of
appropriate incentives to encourage conservation of ground 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 ground water users and by any private person
with an interest in conserving such ground water resources for public use.

Legislative History

Acts 2003, No. 49, §2, eff. July 1, 2003; Acts 2012, No. 471, §2; Acts 2025, No. 458, §5, eff. Oct. 1, 2025.