Public Access to Running waters in Louisiana
RE: Louisiana access – Well folks, I spent the day at the State Capitol today (April 10). The House Civil Law and Procedures Committee heard testimony on House Bill 391 for public access to the running water of this state. Around 400 people showed up in support, including many young people on high school fishing teams. There were probably 50 people who gave statements in support of the bill, and then around 20 who did not support the bill – mostly lawyers and land managers for oil companies and land companies.
Everyone agreed that the running waters in the state are public waters. But, a lawyer explained that in Louisiana, when that water covers private water bottoms, an owner has the right to control it as if land. How is that? Every state except Louisiana. looks at what defines public trust waters (waters held in public trust to be used by all generations) the same. The main defining factors are if they are truly navigable and support commerce. Louisiana law holds that most of of these private areas, 80% of the coastal area of this state, are not navigable nor support commerce. LOL.
After the 1988 ruling by the court that Phillips Petroleum had no right to water bottoms they were trying to claim, that were actually Mississippi water bottoms since statehood, .the Supreme Court must have smelled many cases coming their way. They ruled that EACH state had the right to interpret the terms that define their public trust waters. We all know how Louisiana interpreted this. But, after all the testimony, a surprise: the committee voted 5-3 to send the bill to the full House. This will be battle No. 2. If it passes the House, then it goes to a Senate committee to be heard, and then decided if the bill goes before the full Senate. If it makes it that far, then the Governor looks at it and either signs it or kicks it back. The lawyers for the big boys have already said if this bill becomes law, they will take the state to court, claiming it is unconstitutional under state law, which they have used to defeat several challenges over the years.
Say some prayers for the average Joe's and little people.