CULMINATING ACTIVITY
ARTICLE 2
Louisiana State University Agricultural Center. Groundwater rights in Louisiana [Online] Available.
.Groundwater Rights in Louisiana
By: This article was created by a partnership between the LSU AgCenter and the U.S. Geological Survey (USGS).
There are several groundwater management systems currently used in the United States. They include absolute ownership, reasonable use and correlative rights, and appropriation-permit systems. Under absolute ownership laws, the landowner has the right to capture all the water he wants and use it for whatever purpose he chooses as long as he does not waste the water. There is no legal responsibility for harming his neighbors by drawing water away from their wells. Under “reasonable use” laws, the landowner is allowed to use as much groundwater as he chooses as long as the use is reasonably related to the overlying land. In other words, the water cannot be sold or transported. The correlative rights doctrine realizes that landowners using groundwater from a common pool have common rights and duties with respect to one another. There are two primary rights and duties. One is for the groundwater pool itself, while the other is for the right to potential energy contained in the pool otherwise called the “right to lift”. This doctrine addresses real life water rights disputes because the real issue is almost always about the “right to lift”. Disputes are generally not about whether or not the groundwater exists, but rather whether or not it exists at a shallow enough depth in order to pump without deepening one’s well. Prior appropriation systems determine priority by a ‘first come first serve’ principle. In almost all prior appropriation states, the priority is regulated by a permit system that specifies pumping rates, well spacing, and construction requirements. Prior appropriation systems are generally used in the western states where water is more scarce.
Although Louisiana’s groundwater law is not clear, we are generally considered an absolute ownership state. There are only a few instances where groundwater law has been addressed. Article 490 of the Louisiana Civil Code seems to be consistent with the absolute ownership law by stating that a landowner owns everything on, above or below his land. However, in respect to groundwater, the courts have interpreted this article to mean that a landowner does not have absolute ownership, but only owns the water after he has captured it. Article 667 says that although a landowner may do with his estate whatever he pleases, still he cannot harm his neighbor. This Article appears to restrict absolute ownership, but it is questionable as to whether or not this Article can be applied to the use of groundwater. Along with these Articles, the Mineral Code also addresses the ownership of groundwater. The Mineral Code treats groundwater as a mineral and goes along with the court’s interpretation of Article 490 saying that a landowner does not actually own the water below his land but only owns it once he has pumped it out of the ground.
As you can see, there is a pressing need for Louisiana to develop a comprehensive water management plan in order to clarify water rights for the users of this state as well as protect this valuable resource for future users.
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