Committee supports ban on selling Louisiana surface water out of state

The House Natural Resources Committee on April 28 reported House Bill 5-99 favorably, a measure introduced by Representative Shammerhorn that would prohibit the sale of Louisiana running surface water outside state lines.

Representative Shammerhorn framed the bill around protections for local property values and long-term resource availability, using Toledo Bend as an example of potential out-of-state markets for Louisiana water. He warned that legal contract language could permit depletion despite local concerns.

Witnesses representing conservation groups supported the measure. Rebecca Trish of the Louisiana Wildlife Federation said "in the absence of comprehensive management this is very prudent to put in place," and Russell Honore (Green Army) highlighted drinking-water system vulnerabilities across the state and urged prioritizing people over industry.

Blake Canfield of the Department of Conservation and Energy told the committee there is no comprehensive statewide permitting program and cautioned that making CEA participation mandatory or flatly denying sales to out-of-state users could prompt legal challenges under the U.S. Constitution’s Commerce Clause. He urged development of scientific data to justify any restrictive decisions.

Committee members and witnesses repeatedly noted the state has not established a water budget that details available commitments and long-term usage; several speakers urged a parallel program of data collection and statutory reform if the state is to limit transfers or sales.

The committee reported HB5-99 favorably by voice vote without a recorded roll call.