Legislature seeks guidance on water resources

By Tjom Kelly
Editor and Publisher

What is water worth, and how to regulate its use? The answer to this question is being asked by the Louisiana State Legislature, as an increasing number of needy users line up at the spigot for domestic household use, plus industrial, recreational, and agricultural purposes.

Addressing the meeting of the Sparta Water Commission in Jonesboro last month, State Representative Jim Fannin of Jonesboro reviewed terms of Concurrent Resolution No. 1 adopted during the Regular Session of 2010 recently ended, requesting a report from the State Water Resources Commission on methods for regulating water use, and providing for payment to the State for water captured from state-owned water bodies. The report is requested no later than March 1, 2012.

The resolution points out that Louisiana is underlain by 13 major ground water aquifers, and also that rivers, streams and lakes are sources of surface water, all of which constitute a “precious natural resource necessary for public health, safety, and economic well being.”

Rep. Fannin told the Sparta Commission that entities both within and outside the State of Louisiana are seeking access to water, for which payment is offered. “The presence of money changes the equation materially,” he said, in urging support of the report on water resources.

The resolution points out that the Louisiana Constitution “declares that the natural resources of the state, including water, shall be protected, conserved, and replenished insofar as possible, and consistent with the health, safety, and welfare of the people.”

On February 10 of this year, the Attorney General and the secretary of the Department of Natural Resources issued a memorandum advising that under Louisiana law, “with the possible exception of riparian landowners (those who own land abutting rivers and streams) are not authorized to remove state owned surface water” without the prior written approval of the state, and without paying a fair value.

One issue of concern in North Louisiana has become the use of large amounts of water, taken both from underground aquifers and from rivers, streams, and other surface sources, in oil and gas drilling operations. Gas wells in the Haynesville Shale development require up to several million gallons of water to fracture the underground gas-containing rock formations, allowing gas to escape, in a process called “fracking.”

The Concurrent Resolution reports that the U.S. Geological Survey’s 2005 water use report for Louisiana shows 584 million gallons of ground water was withdrawn in 2005, with approximately 20 percent used for public supply, 18 percent for industry, and three percent for rural domestic use, and 57 percent for irrigation.

The USGS report also said 3.125 million gallons of surface water was withdrawn from rivers, streams, and lakes, with approximately seven percent for public supply, 80 percent for industry, , and little to none for rural domestic use, and 13 percent for irrigation.

Underground water in Louisiana is in the 13 aquifers, which are Red River Alluvial, Mississippi River alluvial, Upland Terrace, Chicot, Chicot Equivalent, Evangeline, Evangeline Equivalent, Jasper System, Jasper Equivalent, Catahoula, Cockfield, Sparta, and Carrizo-Wilcox aquifers.

The Louisiana Groundwater Commission is made up of a member from the Conservation Commission, The Department of Environmental Quality, Department of Health and Hospitals, Department of Transportation and Development, Department of Wildlife and Fisheries, Department of Agriculture, Governor’s Office of Coastal Activities, Louisiana Chemical Association, Louisiana Mid-Continent Oil and Gas Association, Louisiana Association of Business and Industry, Louisiana Pulp and Paper Association, louisiana Farm Bureau, Louisiana Police Jury Association, Louisiana Municipal Association, Sparta Groundwater Conservation District, Capital Area Groundwater Conservation District, Louisiana Landowners Association, Louisiana Wildlife Federation, Coalition to Restore Coastal Louisiana, League of Women Voters, and individual members representing professional geologists and engineers.

The Commission has met seven times between 2008 and 2010 in various parts of the state, to hear reports on water use and concerns.

The Legislature asks in the Concurrent Resolution for recommendations for necessary changes in current government procedures “to make management and protection of the state’s surface and groundwater resources both more efficient and comprehensive, and water recycling and conservation incentives, including tax incentives.”

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