BATON ROUGE, La. — The Louisiana Department of Energy and Natural Resources (DENR) has issued a statement to address widespread misinformation regarding the potential sale of water from the Sabine River and Toledo Bend Reservoir to the state of Texas.
According to the department, recent public commentary has inaccurately suggested that changes under Act 458, passed during the 2025 Regular Legislative Session, grant unilateral authority to approve out-of-state water sales. DENR officials emphasized that this is not the case. Existing approval safeguards remain fully intact.
Any proposal to sell surface water from Toledo Bend across state lines must still go through a multi-tiered approval process that includes:
- The Board of the Sabine River Authority of Louisiana (SRA-LA)
- A two-thirds vote from parish governing authorities within SRA-LA’s six-parish jurisdiction
- Approval from the Governor of Louisiana
- Legislative review by the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment
- Approval from the Federal Energy Regulatory Commission (FERC) for sales exceeding one million gallons per day
In addition, Louisiana’s Constitution requires any such sale to provide compensation of equal or greater value to the state. This may include direct payment or associated economic and tax benefits.
DENR also clarified that Act 458 does not alter existing statutes governing out-of-state water sales. Instead, it transfers certain responsibilities from the now-defunct Water Resources Commission to the newly created Natural Resources Commission. All legal safeguards and oversight requirements remain in place.
The department noted that references to Louisiana Revised Statute 30:128(B) in some public messages are misleading. That statute pertains only to mineral rights and leases, not water sales.
DENR officials reiterated their commitment to transparency and encouraged the public to seek accurate information as discussions surrounding water resources continue.