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Regular Session, 2012 ENROLLED
SENATE BILL NO. 495
BY SENATOR LONG
AN ACT1
To amend and reenact R.S. 36:359(K) and (L) and 802.18, and R.S. 38:3076(A)(24),2
3087.136(4), 3087.266(A)(1), Chapter 13 A-1 of Title 38 (Heading), 3097.2(3),3
3097.4(A), (D)(4),(5), and (6), and 3097.7, and to enact R.S. 38:3097.4(D)(7),4
relative to the Ground Water Resources Commission; to change the name of the5
Ground Water Resources Commission; to provide for additional members to the6
commission; to provide for the powers and duties of the commission; to change the7
name of the Ground Water Management Advisory Task Force; to add members; to8
provide for the study of the surface waters of the state; and to provide for related9
matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 36:359(K) and (L) and 802.18 are hereby amended and reenacted to12
read as follows:13
§359. Transfer of agencies and functions to Department of Natural Resources14
* * *15
K. The Ground Water Resources Commission as provided in R.S. 38:3097.116
through 3097.6 et seq., shall be placed within the office of conservation, Department17
of Natural Resources, and shall exercise its powers, duties, functions, and18
responsibilities as provided in R.S. 36:802.18.19
L. The Ground Water Management Advisory Task Force shall be placed20
within the office of conservation, Department of Natural Resources, and shall21
perform its powers, duties, functions, and responsibilities in the manner provided by22
law.23
* * *24
§802.18. Transfer; Ground Water Resources Commission25
The Ground Water Resources Commission placed in the office of26
conservation, Department of Natural Resources, by R.S. 36:359(K) shall exercise27
ACT No. 471 SB NO. 495 ENROLLED
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and carry out all powers, duties, functions, and responsibilities as provided by R.S.1
36:802, except that the commission's powers, duties, functions, and responsibilities2
are in the nature of policymaking and adjudication. The commission shall continue3
to exercise all advising powers, duties, functions, and responsibilities provided by4
law.5
Section 2. R.S. 38:3076(A)(24), 3087.136(4), 3087.266(A)(1), Chapter 13 A-1 of6
Title 38 (Heading), 3097.2(3), 3097.4(A), and (D)(4),(5) and (6), and 3097.7 are hereby7
amended and reenacted and R.S. 38:3097.4(D)(7) is hereby enacted to read as follows:8
§3076. Powers of the board9
A. The board shall work with the commissioner of conservation in his10
responsibilities to do all things necessary to prevent waste of groundwater resources,11
and to prevent or alleviate damaging or potentially damaging subsidence of the land12
surface caused by withdrawal of groundwater within the district. In conjunction with13
the commissioner of conservation, the board shall have authority to do, as required,14
the following:15
* * *16
(24) To advise and consult with the commissioner of conservation and the17
Ground Water Resources Commission on matters that impact water resources within18
the board's jurisdiction.19
* * *20
§3087.136. Powers of the board21
The board shall conduct a study and survey of the groundwater resources in22
the district, including but not limited to consideration of what is necessary or23
advisable to conserve groundwater resources and where appropriate, prevent or24
alleviate damaging or potentially damaging drawdowns, land surface subsidence , and25
groundwater quality degradation. For this purpose, the board shall hold hearings and26
may:27
* * *28
(4) Advise and consult with the commissioner of conservation and the29
Ground Water Resources Commission on matters that impact water resources within30 SB NO. 495 ENROLLED
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the board's jurisdiction.1
* * *2
§3087.266. Rules and regulations3
A. In order to secure the best results for the operation and maintenance of the4
district and to prevent damage to the district by misuse of any works, improvements,5
or properties or by the pollution by solid or liquid substance or misuse of the waters6
of the district or any water body therein, the board of commissioners may make and7
enforce such rules and regulations as it shall deem necessary and advisable:8
(1) To manage and control surface and groundwater levels in the district. Any9
rule or regulation promulgated by the district pertaining to the management and10
control of groundwater levels shall be subject to approval by the Ground Water11
Resources Commission.12
* * *13
CHAPTER 13-A-1. GROUND WATER RESOURCES MANAGEMENT14
* * *15
§3097.2. Definitions16
Unless the context otherwise requires, the following terms shall have the17
following meanings for purposes of this Chapter:18
* * *19
(3) "Commission" shall mean the Ground Water Resources Commission,20
established by R.S. 38:3097.4.21
* * *22
§3097.4. Ground Water Resources Commission; membership; powers and23
responsibilities24
A. The Ground Water Resources Commission is hereby created and shall be25
composed of the following members:26
(1) The governor or his designee.27
(2) The commissioner of conservation or his designee.28
(3) The commissioner of agriculture and forestry or his designee.29
(4) The secretary of the Department of Economic Development or his30 SB NO. 495 ENROLLED
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designee.1
(5) The secretary of the Department of Environmental Quality or his2
designee.3
(6) The secretary of the Department of Health and Hospitals or his designee.4
(7) The secretary of the Department of Wildlife and Fisheries or his designee.5
(8) The secretary of the Department of Transportation and Development or6
his designee.7
(9) The director of the Governor's Office of Coastal Activities or his8
designee.9
(10) The executive director of the Sabine River Authority or his designee.10
(11) The executive director of the Louisiana Public Service Commission11
or his designee.12
(1012) One member appointed by the governor, who is a geologist or an13
engineer with expertise in ground water resource management.14
(1113) One member appointed by the governor from a list of four15
nominations submitted jointly by the Louisiana Chemical Association, the Louisiana16
Mid-Continent Oil & Gas Association, the Louisiana Association of Business and17
Industry, and the Louisiana Pulp & Paper Association.18
(1214) One member appointed by the governor from a list of three names19
nominated by the Louisiana Farm Bureau.20
(1315) One member appointed by the governor from a list of three21
nominations submitted by the Police Jury Association of Louisiana.22
(1416) One member appointed by the governor from a list of three23
nominations submitted by the Louisiana Municipal Association.24
(1517) One member appointed by the governor from a list of three25
nominations submitted by the Sparta Groundwater Conservation District Board of26
Commissioners.27
(1618) One member appointed by the governor from a list of three28
nominations submitted by the board of commissioners of the Capital Area29
Groundwater Conservation District.30 SB NO. 495 ENROLLED
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(1719) One member appointed by the governor who resides or works in the1
geographical area of the state underlain by the Chicot aquifer.2
(1820) One member appointed by the governor from a list of three3
nominations submitted by the Louisiana Landowners Association.4
(1921) One member appointed by the governor from a list of three names5
submitted by the Louisiana Wildlife Federation, Coalition to Restore Coastal6
Louisiana, and the League of Women Voters.7
(22) One member appointed by the governor from a list of three8
nominations submitted by the Ports Association of Louisiana.9
(23) One member appointed by the governor from a list of three10
nominations submitted by the Louisiana River Pilots' Association.11
(24) One member, who is a lawyer licensed to practice in Louisiana with12
not less than five consecutive years in the practice of law in Louisiana and who13
has legal expertise in water law, appointed by the governor from a list of four14
names submitted by the chancellor of the Louisiana State University Law15
Center, the dean of the Loyola University New Orleans College of Law, the16
chancellor of the Southern University Law Center, and the dean of the Tulane17
University Law School.18
(25) Two members, one appointed by the chairman of the House Natural19
Resources and Environment Committee, and one appointed by the chairman of20
the Senate Natural Resources Committee who does not represent commercial,21
industrial or agricultural interests but who represents residential consumers.22
(26)(a) The chairman of the House Committee on Natural Resources and23
Environment, or his designee, shall serve as an ex-officio non-voting member.24
(b) The chairman of the Senate Committee on Natural Resources, or his25
designee, shall serve as an ex-officio non-voting member.26
(c) The chairmen shall not be counted as part of the total membership27
of the commission for purposes of determining the number of members28
necessary to constitute a quorum but, if present, they shall be counted as29
members for purposes of establishing a quorum for the particular meeting.30 SB NO. 495 ENROLLED
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* * *1
D. The commission shall have the authority to do the following:2
* * *3
(4) Evaluate the state's surface water resources including current and4
projected demands, inventory the state's surface water supplies, identify5
technical research and previously developed information on surface water,6
identify potential future deficit areas, study alternatives to surface water use7
including treatment, transmission systems, and reclamation, and investigate8
incentives for conservation and the use of alternative technologies, including9
public education and conservation programs.10
(4)(5) Review the contingency plan developed by the commissioner to11
respond to a ground water emergency.12
(5)(6) The commission may direct Direct the commissioner to promulgate13
rules and regulations for the appointment or designation of up to five regional bodies14
based on the general location of major aquifer systems and water sources of the state15
and composed of local stakeholders who are representative of current users. Such16
bodies may gather data and provide local input to the commission and the17
commissioner.18
(6)(7) At their discretion, attend all public meetings called by the19
commissioner pursuant to his power and duties in this Chapter.20
* * *21
§3097.7. Ground Water Management Advisory Task Force22
A. A comprehensive ground water management program must continue to23
be developed and implemented. To that end, there is hereby created a Ground Water24
Management Advisory Task Force with membership as follows:25
(1) A person representing the office of the governor appointed by the26
governor.27
(2) The president of the Louisiana Senate or his designee.28
(3) The speaker of the Louisiana House of Representatives or his designee.29
(4) The chair of the Senate Committee on Natural Resources or his designee.30 SB NO. 495 ENROLLED
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(5) The chair of the Senate Committee on Environmental Quality or his1
designee.2
(6) The chair of the House Committee on Natural Resources and3
Environment or his designee.4
(7) The district engineer of the United States Army Corps of Engineers, New5
Orleans District, or his designee.6
(8) The Louisiana State Conservationist, USDA Natural Resources7
Conservation Service or his designee.8
(9) The chancellor of the Louisiana State University Agricultural Center or9
his designee.10
(10) The executive director of the State Soil and Water Conservation11
Commission or his designee.12
(11) The director of the United States Geological Survey, Louisiana Water13
Science Center or his designee.14
(12) The director of the Louisiana Geological Survey or his designee.15
(13) The executive director of the Louisiana Wildlife Federation or his16
designee.17
(14) The president of the Louisiana Farm Bureau Federation or his designee.18
(15) The president of the Louisiana Chemical Association or his designee.19
(16) The executive director of the Coalition to Restore Coastal Louisiana or20
his designee.21
(17) The president of the Louisiana Rice Growers Association or his22
designee.23
(18) The executive director of Louisiana Mid-Continent Oil and Gas24
Association or his designee.25
(19) The president of the Louisiana Cotton and Grain Association or his26
designee.27
(20) One representative of the Capital Area Groundwater Conservation28
District.29
(21) One representative of the Sparta Groundwater Conservation District.30 SB NO. 495 ENROLLED
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(22) The executive director of the Louisiana Forestry Association or his1
designee.2
(23) One representative of the Sabine River Authority.3
(24) The president of the American Sugar Cane League or his designee.4
(25) One representative of the Red River Compact Commission.5
(26) The executive director of the Lake Pontchartrain Basin Foundation or6
his designee.7
(27) The executive director of the Barataria-Terrebonne National Estuary8
Program or his designee.9
(28) The president of the Louisiana Crawfish Farmers Association or his10
designee.11
(29) The chairman of the Louisiana Pulp and Paper Association or his12
designee.13
(30) A representative of the Louisiana Engineering Society who is a14
registered engineer with water resources management experience.15
(31) A representative from Louisiana State University, Department of16
Geology and Geophysics.17
(32) A representative from the University of Louisiana at Lafayette,18
Department of Geology.19
(33) A representative of the Association of Electric Utilities.20
(34) A representative of the League of Women Voters.21
(35) A representative of the Citizens for a Clean Environment.22
(36) A representative of the Louisiana Oil and Gas Association.23
(37) A representative from the Louisiana State University at Shreveport, Red24
River Watershed Management Initiative.25
(38) A representative of the New Orleans Sewerage and Water Board.26
(39) One representative of the Louisiana Rural Water Association.27
(40) The president of the Louisiana Soybean Association or his designee.28
(41) The president of the Louisiana Cattlemen Association or his designee.29
(42) A representative of the Louisiana Ground Water Association.30 SB NO. 495 ENROLLED
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(43) The dean of the Southern University College of Agriculture, Family, and1
Consumer Science or his designee.2
(44) A representative of the Irrigation Association.3
(45) A representative of the Louisiana Water Environment Association.4
B. The Ground Water Management Advisory Task Force shall assist the5
commissioner of conservation and the Ground Water Resource Commission in6
continuing to develop a statewide ground water resource management program.7
Such ground water management program shall include but not be limited to8
evaluation of the state's ground water resources including current and projected9
demands on the aquifers of the state; development of a water use conservation10
program; study of alternatives to ground water use, such as surface water to include11
treatment and transmission system, and reclaimed water; incentives for conservation;12
use of alternative technologies; and education and conservation programs. The plan13
should stress conservation as the primary mechanism for the protection of the state's14
ground water resources.15
C. The Water Management Advisory Task Force shall assist the Water16
Resources Commission in its duty to evaluate the state's surface water resources17
including current and projected demands, inventory the state's surface water18
supplies, identify technical research and previously developed information on19
the surface water, study water use conservation, identify potential future deficit20
areas, study alternatives to surface water use including treatment, transmission21
systems, and reclamation, and investigate incentives for conservation and the22
use of alternative technologies, including public education and conservation23
programs.24
C.D.(1) Fifteen members of the task force shall constitute a quorum. A25
quorum being present, the favorable vote of at least ten members of the task force26
or a simple majority of the total membership present, whichever is greater, shall be27
required for the commission to take action on any matter.28
(2) The task force shall meet at least once per year, or more frequently as29
necessary. The task force shall report to the commissioner and the commission30 SB NO. 495 ENROLLED
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periodically on the activities and progress of the task force on continuing to develop1
the comprehensive ground water management program.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: