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words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 203
BY SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WATER/WATERWAYS. Establishes withdrawal limits on the use of groundwater.
(8/1/13)
AN ACT1
To amend and reenact R.S. 30:4(L) and R.S. 38:3097.3(F) and to enact R.S. 30:4(M) and2
R.S. 38:3097.3(G), relative to water; to provide relative to duties pursuant to Article3
IX, Section 1 of the Constitution of Louisiana; to establish withdrawal limits on the4
use of groundwater; to provide certain restrictions; to provide terms, conditions and5
requirements; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:4(L) is hereby amended and reenacted and R.S. 30:4(M) is hereby8
enacted to read as follows:9
§4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations10
* * *11
L.(1) Article IX, Section 1 of the Constitution of Louisiana mandates that12
the legislature shall enact laws to protect, conserve and replenish the natural13
resources of the state, specifically water. The legislature must ensure that the14
groundwater of the state is conserved and replenished for future generations.15
In order to accomplish this constitutional requirement, the legislature must be16
diligent in enacting legislation that will accomplish the purposes of the17 SB NO. 203
SLS 13RS-432 ORIGINAL
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words in boldface type and underscored are additions.
constitutional requirement. For these reasons, the provisions of this Paragraph1
shall be known and may be cited as the "Constitution of Louisiana Article IX,2
Section 1 Water Policy Enforcement Act of 2013".3
(2)(a) From August 1, 2013, to July 31, 2014, the commissioner shall not4
authorize, issue or reissue any permit which allows the use or withdrawal of5
forty million gallons or more of groundwater per day.6
(b) From August 1, 2014, to July 31, 2015, the commissioner shall not7
authorize, issue or reissue any permit which allows the use or withdrawal of8
thirty-five million gallons or more of groundwater per day.9
(c) From August 1, 2015, to July 31, 2016, the commissioner shall not10
authorize, issue or reissue any permit which allows the use or withdrawal of11
thirty million gallons or more of groundwater per day.12
(d) From August 1, 2016, to July 31, 2017, the commissioner shall not13
authorize, issue or reissue any permit which allows the use or withdrawal of14
twenty-five million gallons or more of groundwater per day.15
(e) Beginning August 1, 2017, the commissioner shall not authorize, issue16
or reissue any permit which allows the use or withdrawal of twenty million17
gallons or more of groundwater per day.18
(3) The provisions of Paragraph (L)(2) of this Section shall not apply to19
agricultural or residential uses.20
M. (1) The commissioner shall make, after notice and hearings as provided21
in this Chapter, any reasonable rules, regulations, and orders that are necessary to22
require the operator of a well, which utilizes the application of fluids with force or23
pressure in order to create artificial fractures in the formation for the purpose of24
improving the capacity to produce hydrocarbons, to report no later than twenty days25
following the completion of hydraulic fracturing stimulation operations and in a26
manner determined by the commissioner the following:27
* * *28
Section 2. R.S. 38:3097.3(F) is hereby amended and reenacted and R.S.29 SB NO. 203
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38:3097.3(G) is hereby enacted to read as follows:1
§3097.3. Commissioner of conservation; powers and duties2
* * *3
F.(1) Article IX, Section 1 of the Constitution of Louisiana mandates that4
the legislature shall enact laws to protect, conserve and replenish the natural5
resources of the state, specifically water. The legislature must ensure that the6
groundwater of the state is conserved and replenished for future generations.7
In order to accomplish this constitutional requirement, the legislature must be8
diligent in enacting legislation that will accomplish the purposes of the9
constitutional requirement. For these reasons, the provisions of this Subsection10
shall be known and may be cited as the "Constitution of Louisiana Article IX,11
Section 1 Water Policy Enforcement Act of 2013".12
(2)(a) From August 1, 2013, to July 31, 2014, the commissioner shall not13
authorize, issue or reissue any permit which allows the use or withdrawal of14
forty million gallons or more of groundwater per day.15
(b) From August 1, 2014, to July 31, 2015, the commissioner shall not16
authorize, issue or reissue any permit which allows the use or withdrawal of17
thirty-five million gallons or more of groundwater per day.18
(c) From August 1, 2015, to July 31, 2016, the commissioner shall not19
authorize, issue or reissue any permit which allows the use or withdrawal of20
thirty million gallons or more of groundwater per day.21
(d) From August 1, 2016, to July 31, 2017, the commissioner shall not22
authorize, issue or reissue any permit which allows the use or withdrawal of23
twenty-five million gallons or more of groundwater per day.24
(e) Beginning August 1, 2017, the commissioner shall not authorize, issue25
or reissue any permit which allows the use or withdrawal of twenty million26
gallons or more of groundwater per day.27
(3) The provisions of Paragraph (F)(2) of this Section shall not apply to28
agricultural or residential uses.29 SB NO. 203
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G.(1) The commissioner, upon determining that a violation of Chapters 13-A,1
13-A-1, or 13-B of this Title or the regulations adopted thereunder has occurred, may2
impose a civil penalty as provided in this Chapter. Additionally, upon determining3
that a violation of Chapters 13-A, 13-A-1, or 13-B of this Title or the rules and4
regulations made pursuant to Chapters 13-A, 13-A-1, or 13-B of this Title has5
occurred, the commissioner may issue an order requiring compliance. Any such6
order shall state, with reasonable specificity, the nature of the violation, any7
cessation of activities or affirmative operations required to achieve compliance, and8
a time limit within which compliance with the order must be achieved.9
Noncompliance with any such order to comply shall constitute a violation of10
Chapters 13-A, 13-A-1, or 13-B of this Title, and the commissioner may impose a11
civil penalty for such violation. Any person subjected to a civil penalty shall have the12
right to a public hearing if requested in writing, which written request shall suspend13
the imposition of penalty until final action is taken by the commissioner.14
* * *15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Proposed law provides for certain groundwater restrictions as follows:
(1)From August 1, 2013, to July 31, 2014, the commissioner must not authorize, issue
or re-issue any permit which allows the use or withdrawal of 40 million gallons or
more of groundwater per day.
(2)From August 1, 2014, to July 31, 2015, the commissioner must not authorize, issue
or re-issue any permit which allows the use or withdrawal of 35 million gallons or
more of groundwater per day.
(3)From August 1, 2015, to July 31, 2016, the commissioner must not authorize, issue
or re-issue any permit which allows the use or withdrawal of 30 million gallons or
more of groundwater per day.
(4)From August 1, 2016, to July 31, 2017, the commissioner must not authorize, issue
or re-issue any permit which allows the use or withdrawal of 25 million gallons or
more of groundwater per day.
(5)Beginning August 1, 2017, the commissioner must not authorize, issue or re-issue
any permit which allows the use or withdrawal of 20 million gallons or more of
groundwater per day. SB NO. 203
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words in boldface type and underscored are additions.
Proposed law exempts agricultural or residential uses from proposed law.
Effective August 1, 2013.
(Amends R.S. 30:4(L) and R.S. 38:3097.3(F); adds R.S. 30:4(M) and R.S. 38:3097.3(G))