23/07/2025
BATON ROUGE â Recent public discussion regarding the potential sale of Sabine River and Toledo Bend Reservoir water to the state of Texas has contained âinaccuracies, generating confusion and concern in communities surrounding the Toledo Bend Reservoir,â a state agency said Tuesday in a news release.
The Louisiana Department of Energy and Natural Resources prepared a response to recent citizen concerns being shared on social media.
The Sabine River Authority of Louisiana has had a letter of intent for several years with a Texas company wanting to purchase water from the reservoir. The letter expired in October.
The company, Aqueduct Partners, initially wanted to reserve 800,000 acre-feet of water each year. The amount then decreased to 600,000 acre-feet.
SRA Executive Director Warren Founds told the board in May heâs had two meetings about the proposal, one with Gov. Jeff Landryâs staff and the other with Landry and a senator. Discussion centered on how the out-of-state water sales would impact the Sabine River below the dam and the SRAâs ability to maintain the minimum downstream flow from the reservoir, as well as the economic benefits that could come from a water sale for the SRA and state.
The purpose of looking at the possible water sale is to replace the dependency on power generation revenue. Warren said Aqueduct Partners is interested in pursuing the matter, but the main question is whether the SRA is willing to sell water and move forward with an agreement.
The SRAâs next monthly board meeting is 1 p.m. Thursday.
Meanwhile, the DENR provided the following information to clarify the stateâs position:
No changes made in out-of-state water sales approval requirements under Act 458 of the 2025 Regular Session:
Contrary to recent claims, DENR said, Act 458, passed during the 2025 Regular Legislative Session, does not grant the DENR secretary or any governmental agency or board unilateral authority to approve water sales out-of-state. The law does not weaken or eliminate any of the multiple safeguards or approval steps required by law.
Under current law, any proposal to sell surface water from Toledo Bend out of state must be approved by:
The board of the Sabine River Authority of Louisiana (SRA-LA);
Two-thirds of the parish governing authorities within the SRA-LAâs jurisdiction (six parishes);
The governor of Louisiana;
The Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment; and
The Federal Energy Regulatory Commission (FERC), if the volume exceeds one million gallons per day.
Additionally, Louisianaâs Constitution requires that any sale of surface water must result in compensation of equal or greater value to the state, including potential economic and tax benefits alongside any direct payment.
More clarification from DENR:
Act 458 does not change the law governing out-of-state water sales. It simply moves some of the authority of the now-eliminated Water Resources Commission under the purview of the newly formed Natural Resources Commission.
No statutory requirements were removed â including the requirement for local parish approval and legislative oversight.
The statute cited in some messages (R.S. 30:128(B)) has no relevance to water sales. It pertains strictly to the transfer of mineral rights and leases for state-owned lands and water bottoms.
BATON ROUGE â Recent public discussion regarding the potential sale of Sabine River and Toledo Bend Reservoir water to the state of Texas has contained "inaccuracies, generating confusion and concern
