WATER/RESOURCES: Prohibits the sale of Louisiana running surface water outside of the state

2026 Regular Session Introduced by Rodney Schamerhorn

HB 599 prohibits selling or using Louisiana running surface water outside the state by removing CEAs authority and adding a clear prohibition on out-of-state water sales.

Read second time by title and referred to the Committee on Natural Resources.

Purpose and Intent

To prohibit the sale or external withdrawal of Louisiana’s running surface water to other states.

To remove the secretary’s authority to enter into cooperative endeavor agreements (CEAs) that authorize withdrawal of running surface water for out-of-state use.

To clarify that current law cannot be interpreted to authorize such sales.

Key Provisions

New Language created

Adds R.S. 30:961(L):

Section establishes that nothing in this statute should be construed to authorize the sale of running surface water owned by the state of Louisiana for use outside of the state.
This effectively limits any mechanisms that would enable out-of-state sale or transfer of running surface water.

Repeal of Existing Provision

Repeals R.S. 30:961(I) in its entirety:

Removes the current authority for the secretary to enter into CEAs for use of running surface water outside Louisiana.
Eliminates House and Senate committee approval pathways for such CEAs to enable out-of-state use.

Who/What Would Be Affected

State-owned running surface water (e.g., rivers, streams, other flowing water bodies) in Louisiana.

Secretary of the relevant state agency (likely Louisiana Department of Natural Resources) by removing the authority to execute CEAs for interstate withdrawal/sale.

Entities seeking to withdraw or “sell” Louisiana running surface water for use outside the state, as the key mechanism (CEAs) would be invalidated.

Procedural/Timeline Aspects

Status: Reported favorably by committee (12-0) as of April 28, 2026.

Action History:

Introduced/prefiled in February 2026.
Appeared on interim calendar February 27, 2026.

Effect on law: Adds a new provision (L) and repeals an existing provision (I) of R.S. 30:961, altering how (or whether) CEAs for interstate water withdrawal could be pursued.

Implications and Potential Impacts

Legal Constraint: Provides a clear statutory prohibition on selling or permitting out-of-state use of Louisiana’s running surface water.

Policy Effect: Strengthens state control over how its water resources are allocated and sold, potentially affecting interstate water compacts, economic development projects, or industrial uses that previously relied on CEAs for out-of-state water withdrawal.

Administrative Change: Eliminates the secretary’s authority to authorize out-of-state water withdrawals through CEAs, requiring alternative approaches if any future out-of-state water use is contemplated (though the bill intends to block such out-of-state use).

Summary

HB 599 prohibits the sale or out-of-state use of Louisiana’s running surface water by removing the secretary’s authority to enter into CEAs for such withdrawals and adding a clear constitutional/ statutory prohibition against sales of state water for use outside Louisiana. The bill shifts how (or if) interstate water use could be pursued, maintaining state ownership and control over its surface water resources.

Bill