Creates the Louisiana State Surface Water Integrity Act. (8/1/22)
Impact
The new law seeks to reinforce the constitutional protection of Louisiana's water resources by enabling citizens to act on behalf of the state in prosecuting individuals or entities that exploit these resources irresponsibly. It establishes clear liability guidelines and authorizes courts to compel offenders to pay not only for the market value of the water taken but also cover associated litigation costs and attorney fees for the prevailing party. By doing so, SB351 aims to deter illicit water withdrawals and ensure that revenues are directed toward the state's aquatic preservation efforts through the Aquatic Plant Control Fund.
Summary
Senate Bill 351, also referred to as the Louisiana State Surface Water Integrity Act, introduces significant legal provisions pertaining to the management and protection of the state's surface water resources. Primarily, the bill empowers local citizens to initiate civil actions to address any unauthorized withdrawals of surface water from state lakes that result in economic or property damage. The legislative intent of the bill is to prevent a 'donation in disguise,' which occurs when surface water is sold below fair market value, thus undermining the protection mandated by the Louisiana Constitution regarding state resources.
Sentiment
The general sentiment around SB351 appears to be positive among environmentalist groups and local community advocates who see it as a necessary step towards protecting Louisiana's natural resources from exploitation. However, there are concerns about the potential for misuse of the law in the form of frivolous lawsuits, as the legislation contains provisions for defendants to recover costs if it is determined that suits are vexatious or harassing. This aspect introduces a layer of contention as it may discourage genuine claims if individuals fear legal repercussions.
Contention
Critics of the bill point to the possibility that empowering individuals to bring forth qui tam actions could lead to an increase in litigation, which might overwhelm the court system. Additionally, some stakeholders worry that the bill could unintentionally restrict lawful and necessary water use, particularly in agricultural and development sectors. The debate reflects broader tensions between environmental conservation and industry interests, as proponents of the bill advocate for stricter safeguards while opponents highlight the need for balanced resource management.
Commends and recognizes Film Louisiana for its contributions to economic development and designates April 15, 2026, as Film Louisiana Day at the Louisiana State Capitol
Requests the health profession licensing boards to work with the commissioner of administration to identify funds from their cash and cash equivalent year-end balances that can be transferred into the state general fund.