While
other states have been addressing issues of surface and subsurface water rights
for many years, the area of water law has only recently begun to assume
prominence in Louisiana, long considered to be a "water-rich" state.
In the past few years, the "water law" domain in Louisiana has seen
extensive activity, including the enactment of new statutes governing surface
water use, new administrative regulations governing groundwater use, and new
opinions of the state Attorney General on the subject of surface water use and
the potential liability of persons or entities who utilize surface water
without authority. With committees and entities like the Louisiana
Groundwater Commission at work drafting additional statutes, there can be no
doubt that water law in Louisiana will continue to develop in the immediate
future.
Jones
Walker – the only law firm in Louisiana to establish a "water law"
practice team--is at the forefront of the burgeoning field of Louisiana
"water law". In addition to lecturing, presenting, and publishing on
current water law issues, our attorneys have advised clients, including both
private and state governmental entities, and participated in a wide variety of
water-related matters. Based upon its extensive experience with water law issues
and its ongoing commitment to monitoring and participating in the development
of this area of law, Jones Walker is uniquely positioned to deliver "water
law"-related services to its clients.
Recent
water-related representations include:
Litigation
- Representing subsurface
natural gas storage operator in action against state relating to authority
to brine new caverns; succeeding in having project-specific groundwater
law ruled unconstitutional
- Representing electrical
power company in permit appeal involving contentious issue of groundwater
rights in Louisiana
Transactional, Regulatory & Government Affairs
- Negotiating, drafting, and
assisting in obtaining necessary approvals of water sale agreements,
including what will be one of the largest water sale agreements ever
entered into in the State of Louisiana by a state governmental entity
involving the sale of impounded surface waters for anticipated use
for public water supply in Texas
- Advising with respect
to, negotiating, and drafting water rights
agreements, including leases for the exclusive use of groundwater
from a municipality
- Negotiating and
drafting agreements to obtain non-traditional
alternative water sources, including agreements for the use of
wastewater treatment effluent as a source of water to be used in the
creation of subsurface hydrocarbon storage caverns
- Advising oil and gas clients
on water rights and options for water use in conjunction
with fracking operations, including the use of groundwater, surface
water, and/or non-traditional alternative water sources such as
produced water
- Advising state governmental
entities with respect to the execution of
their “public trustee” duties in conjunction with water sale
agreements, including performance of the "IT Analysis" -- i.e.,
the detailed cost-benefit analysis required with respect to certain state
actions with potential environmental impacts;
- Assisting clients in
applying for and obtaining permits for projects
involving water use, including permits for Class III wells for the
creation of subsurface hydrocarbon storage caverns; including
advising clients with respect to permit-related submission of the
"IT Analysis" as outlined above
- Negotiating and entering“Louisiana Running
Surface Water Cooperative Endeavor Agreements” with the State pursuant to Act 955 of
2010, including successfully petitioning the State to modify the form
agreement for future agreements
