Bill
HB 1209
HB 1209 tightens oversight of surface water withdrawals with a sunset on new CEAs, prioritizes public/eco interests, and requires fair state compensation and invasive species consi
HB 1209 (Louisiana, 2026) – Water/Resources: Provides for the withdrawal of surface water
Summary
This bill adds legislative findings and intent, establishes a sunset for new surface water withdrawal cooperative endeavor agreements (CEAs), and requires the secretary to consider the potential introduction and impact of invasive vegetation or wildlife when forming agreements. It amends existing law governing CEAs to withdraw running surface water and sets specific conditions for approval, duration, and state value recovery.
Purpose and intent
- Recognizes surface waters as vital to Louisiana’s economy, environment, public safety, and quality of life.
- Aims to balance economic development with long-term sustainability of water resources.
- Highlights concerns about invasive aquatic species (e.g., giant salvinia, water hyacinth, hydrilla) and their threats to navigation, flood risk, wildlife habitat, and public access.
- Seeks a coordinated statewide approach to aquatic vegetation management and invasive species control.
- Establishes a funding mechanism to protect and restore waterways.
Key provisions and changes
- Legislative findings (Section A): Formalizes the importance of surface waters and the threats from invasive species; outlines intent to support sustainable management, research, monitoring, and funding.
- Cooperative Endeavor Agreements (CEAs) for withdrawal (Section B):
- CEAs authorizing withdrawal of running surface water must be approved by the secretary.
- Prohibition on resale of withdrawn water for profit beyond what is stated in the agreement; compensation allowed for transportation, processing, or manufacturing.
- Written form required for agreements and assignments; uniform form developed by the State Mineral and Energy Board and approved by the Attorney General.
- Agreement must reflect fair market value to the state, including economic development considerations (except when water is withdrawn from certain WDNR-managed bodies impacted by invasive vegetation).
- State must ensure the agreement is in the public interest and includes required contents in writing.
- Secretary to evaluate applications and take action within 60 days of complete submission; denial must include written reasons.
- Evaluation standards (Section D/E):
- Secretary must ensure agreements are based on best management practices, sound science, and balance environmental, ecological, economic, and social benefits.
- Consider impacts on waterbody sustainability and navigation.
- Allow assignments under the same approval process.
- Term and renewal (Section E/J):
- Initial term limited to two years.
- New CEAs for applications received after December 31, 2026 are prohibited.
- Existing CEAs may be renewed in two-year increments but must terminate by December 31, 2036.
- Termination option for entities with agreements or assignments after December 31, 2022, with 30 days’ prior written notice.
- Secretary’s authority to protect resources (Section F/G):
- Secretary may reduce or condition withdrawals, suspend otherwise, or terminate withdrawals to protect resources.
- Reductions must be proportionally allocated among all users in the affected area.
- Contracts must authorize the secretary’s powers without liability for damages.
- Priority and impacts (Section G/H):
- When evaluating proposals, the secretary prioritizes:
1) Human consumption (potable/public water systems)
2) Agricultural uses (livestock, irrigation)
3) Commercial/industrial/mining uses
- Consideration of resource planning impacts (flow, sediment, navigation, aquatic life, vegetation, and invasive species management).
- Align management with the Comprehensive Master Plan for Coastal Restoration and Protection.
- Federal/other permits (Section I):
- Approval of CEAs or assignments does not waive other required permits or authorizations.
- Interstate or out-of-state withdrawals (Section I):
- If withdrawals would occur outside Louisiana, approval by the House Committee on Natural Resources and Senate Committee on Natural Resources is required.
- Committees assess reasonableness, conservation, and public welfare impacts.
- Reimbursement and funding (Sections J/K):
- State must be reimbursed at fair market value for use/withdrawal of water from WDWF-managed water bodies negatively impacted by invasive vegetation, capped at 15 cents per thousand gallons.
- Economic development and related revenue from withdrawal are excluded from this calculation.
- Collected revenues are deposited into the Aquatic Plant Control Dedicated Fund (R.S. 56:10.1) and used for treatment of aquatic weeds, preferably on the waterbody from which revenues originated.
Who is affected
- Potential water withdrawal proponents (public and private entities) seeking CEAs to withdraw running surface water.
- State entities, notably the secretary responsible for approving CEAs.
- Stakeholders in water resource planning, navigation, fisheries, and coastal restoration.
- Wildlife and fisheries programs (due to consideration of invasive species and resource impacts).
- Coastal restoration authorities and master planning processes.
Procedural and timeline aspects
- New CEAs: No applications received after December 31, 2026 may enter into new agreements.
- Existing CEAs: May be renewed in two-year increments; must terminate by December 31, 2036.
- Initial CEA terms: Up to two years.
- Termination: Allowed after December 31, 2022, with 30 days’ written notice to the secretary.
- Review timelines: Secretary must act within 60 days of a complete application and provide written denial reasons if applicable.
- Interstate withdrawals: Requires legislative committee approvals for out-of-state implications.
Overall impact
HB 1209 tightens the oversight and economics of surface water withdrawals, imposes a sunset on new agreements, strengthens consideration of invasive species and ecological effects, and embeds a framework for fair state compensation and coastal resource planning. It promotes a more integrated approach to water management, while protecting public interests and biodiversity.
Compiled from official sources — confirm details with the bill’s official record.
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