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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 532
BY SENATOR MILLS
CONSERVATION. Provides for certain requirements for use of ground water from the
Chicot Aquifer. (8/1/12)
AN ACT1
To amend and reenact R.S. 30:4(K) and 4.1(K), and R.S. 38:3097.3(E), relative to uses of2
ground water; to provide for the powers and duties of the assistant secretary and the3
commissioner of conservation; to prohibit certain uses of ground water; to provide4
terms and conditions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:4(K) and 4.1(K) are hereby amended and reenacted to read as7
follows: 8
§4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations9
* * *10
K. The commissioner shall not authorize or issue any permit which allows11
the use or withdrawal of three million gallons or more of ground water per day from12
the Chicot aquifer that shall be injected into the subsurface in a parish whose13
population is more than seventy thousand and less than seventy-five thousand. The14
commissioner shall not authorize or issue any class II hydrocarbon storage well15
permit or class III brine extraction well permit that uses in excess of two million16
gallons of drinking water per day, without first requiring that the applicant17 SB NO. 532
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provide to the commissioner an environmental impact statement subject to1
federal standards detailing:2
(1) The environmental impact of the proposed action;3
(2) Any adverse environmental effects which cannot be avoided should4
the proposal be implemented;5
(3) The relationship between local short-term uses of man's environment6
and the maintenance and enhancement of long-term productivity; and7
(4) Any irreversible and irretrievable commitments of resources which8
would be involved in the proposed action should it be implemented. Prior to the9
issuance of any permits referenced above, the commissioner shall consult with,10
and obtain the comments of any state or federal agency which has jurisdiction11
by law or special expertise with respect to any environmental impact involved,12
and shall take said comments into consideration, prior to the issuance of any13
permits. The environmental impact statement is to be completed and submitted14
at the sole cost of the applicant. The provisions of this Subsection shall not apply15
to any agricultural use, or to the exploration of oil and gas.16
§4.1. Underground injection control17
* * *18
K. The commissioner shall not authorize or issue any permit which allows19
the use or withdrawal of three million gallons or more of ground water per day from20
the Chicot aquifer that shall be injected into the subsurface in a parish whose21
population is more than seventy thousand and less than seventy-five thousand. The22
commissioner shall not authorize or issue any class II hydrocarbon storage well23
permit or class III brine extraction well permit that uses in excess of two million24
gallons of drinking water per day, without first requiring that the applicant25
provide to the commissioner an environmental impact statement subject to26
federal standards detailing:27
(1) The environmental impact of the proposed action;28
(2) Any adverse environmental effects which cannot be avoided should29 SB NO. 532
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the proposal be implemented;1
(3) The relationship between local short-term uses of man's environment2
and the maintenance and enhancement of long-term productivity; and3
(4) Any irreversible and irretrievable commitments of resources which4
would be involved in the proposed action should it be implemented. Prior to the5
issuance of any permits referenced above, the commissioner shall consult with,6
and obtain the comments of any state or federal agency which has jurisdiction7
by law or special expertise with respect to any environmental impact involved,8
and shall take said comments into consideration, prior to the issuance of any9
permits. The environmental impact statement is to be completed and submitted10
at the sole cost of the applicant. The provisions of this Subsection shall not apply11
to any agricultural use, or to the exploration of oil and gas.12
Section 2. R.S. 38:3097.3(E) is hereby amended and reenacted to read as follows:13
§3097.3. Commissioner of conservation; powers and duties14
* * *15
E. The commissioner shall not authorize or issue any permit which allows the16
use or withdrawal of three million gallons or more of groundwater per day from the17
Chicot aquifer that shall be injected into the subsurface in a parish whose population18
is more than seventy thousand and less than seventy-f ive thousand. The19
commissioner shall not authorize or issue any class II hydrocarbon storage well20
permit or class III brine extraction well permit that uses in excess of two million21
gallons of drinking water per day, without first requiring that the applicant22
provide to the commissioner an environmental impact statement subject to23
federal standards detailing:24
(1) The environmental impact of the proposed action;25
(2) Any adverse environmental effects which cannot be avoided should26
the proposal be implemented;27
(3) The relationship between local short-term uses of man's environment28
and the maintenance and enhancement of long-term productivity; and29 SB NO. 532
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4) any irreversible and irretrievable commitments of resources which1
would be involved in the proposed action should it be implemented.2
Prior to the issuance of any permits referenced above, the commissioner3
shall consult with, and obtain the comments of any state or federal agency4
which has jurisdiction by law or special expertise with respect to any5
environmental impact involved, and shall take said comments into6
consideration, prior to the issuance of any permits. The environmental impact7
statement is to be completed and submitted at the sole cost of the applicant. The8
provisions of this Subsection shall not apply to any agricultural use, or to the9
exploration of oil and gas.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Broussard-Johnson.
DIGEST
Present law prohibits the commissioner of conservation from permitting the withdrawal of
three million gallons or more of groundwater per day from the Chicot Aquifer that will be
injected into the subsurface in certain parishes.
Proposed law provides that the commissioner may authorize any class II hydrocarbon
storage well permit or class III brine extraction well permit using more than two million
gallons of drinking water per day subject to certain conditions.
Proposed law provides that the applicant will provide the commissioner an environmental
impact statement subject to federal standards.
Proposed law provides that prior to the issuance of any permits, the commissioner shall
consult with, and obtain comments of any state or federal agency which has jurisdiction or
special expertise to any environmental impact involved and shall take those statements into
consideration prior to issuing any permit.
Proposed law provides that the environmental impact statement is to be completed at the sole
cost of the applicant and the provisions of this proposed law shall not apply to any
agricultural use or to the exploration of oil and gas.
Effective August 1, 2012.
(Amends R.S. 30:4(K) and 4.1(K) and R.S. 38:3097.3(E))