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Regular Session, 2014
HOUSE BILL NO. 1120
BY REPRESENTATIVE JAMES
WATER/RESOURCES: Determines that the Southern Hills Aquifer System is an area of
groundwater concern and a critical area of groundwater concern and provides for
limitations on groundwater removal from such aquifer system
AN ACT1
To amend and reenact R.S. 38:3073(11) and to enact R.S. 38:3076(A)(25) and 3097.9,2
relative to groundwater resources management; to declare the Southern Hills aquifer3
to be an area of groundwater concern and a critical area of groundwater concern; to4
implement groundwater withdrawal limitations from the Southern Hills Aquifer5
System; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:3073(11) is hereby amended and reenacted and R.S.8
38:3076(A)(25) and 3097.9 are hereby enacted to read as follows:9
§3073. Definitions10
Unless the context otherwise requires, the following terms shall have the11
following meanings for purposes of this Part:12
* * *13
(11) "Just and equitable share" of the groundwater underlying a tract within14
an area subject to an order limiting pumping rates means that portion of the15
recoverable groundwater within an aquifer which is to be apportioned to such tract16
on the basis of demonstrable geologic and hydrologic data taking into consideration17
the volume of groundwater in storage, the maximum perennial recharge potential,18 HLS 14RS-1405 ORIGINAL
HB NO. 1120
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and any groundwater use priorities established by the board. The "just and equitable1
share" shall be subject to the limitations set forth in R.S. 38:3097.9.2
* * *3
§3076. Powers of the board4
A. The board shall work with the commissioner of conservation in his5
responsibilities to do all things necessary to prevent waste of groundwater resources,6
and to prevent or alleviate damaging or potentially damaging subsidence of the land7
surface caused by withdrawal of groundwater within the district. In conjunction with8
the commissioner of conservation, the board shall have authority to do, as required,9
the following:10
* * *11
(25) To take all necessary steps to prevent waste of groundwater in the12
district by enforcing the withdrawal limitations provided in R.S. 38:3097.9, including13
but not limited to issuing orders to prohibit the use and withdrawal of groundwater14
by a facility that draws such groundwater from the Southern Hills Aquifer System.15
* * *16
§3097.9. Southern Hills Aquifer system; area of groundwater concern17
determination; "critical area of groundwater concern" determination18
A. Article IX, Section 1 of the Constitution of Louisiana mandates that the19
legislature enact laws to protect, conserve, and replenish the natural resources of the20
state, including the state's drinking water. The legislature hereby acknowledges as21
a finding of fact that saltwater intrusion is of serious concern to the integrity of the22
state's aquifers, and hereby takes specific notice that the commissioner of23
conservation has concluded saltwater encroachment currently threatens the Southern24
Hills Aquifer System, where saltwater is moving toward the pumping station that25
provides the area's drinking water at a rate that threatens to compromise long-term26
sustainability of the aquifer system in the Baton Rouge area. Therefore, the27
legislature does hereby determine that the Southern Hills Aquifer System is an "area28
of groundwater concern" as defined by R.S. 38:3097.2(1) and a critical "area of29 HLS 14RS-1405 ORIGINAL
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groundwater concern" as provided in R.S. 38:3097.2(1). The legislature further finds1
that continued uncontrolled mining of the aquifer is not advisable due to saltwater2
intrusion and that such mining cannot continue indefinitely without causing3
unacceptable environmental, economic, social, or health consequences. Based on4
these findings, the legislature finds that, in order to ensure an adequate supply of5
drinking water, there is a need to protect the groundwater of the state in aquifers that6
serve the significant populations so that such aquifers can be conserved and7
replenished for present and future generations.8
B. For purposes of this Section, the following words and terms shall have the9
following meanings:10
(1) "Facility" shall mean any public or private property or site and all11
contiguous land and structures, other appurtenances and improvements thereon,12
where an activity involving the use of groundwater from the Southern Hills Aquifer13
System is conducted, and all the contiguous property under the control of the owner14
or operator of such facility is located within the jurisdiction of a groundwater15
conservation district that contains within its boundaries one or more parishes or16
municipalities with a population of two hundred fifty thousand or more persons who17
are dependent upon the aquifer for their drinking water.18
(2) "Average daily water use rate" shall be a calculation of the average of a19
facility's daily water use, based on records from the office of conservation, between20
January 1, 2002, or the day the facility commenced operation, whichever is more21
recent, and January 1, 2012.22
C. The commissioner shall limit the use and withdrawal of groundwater in23
the Southern Hills Aquifer System as follows:24
(1) Each new facility established after August 1, 2014, shall be limited to25
five hundred thousand gallons of groundwater per day taken from the Southern Hills26
Aquifer System.27 HLS 14RS-1405 ORIGINAL
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(2) On or before August 1, 2020, each facility that uses groundwater from1
the Southern Hills Aquifer System shall be limited to five hundred thousand gallons2
of groundwater per day.3
(3) The commissioner of conservation shall further reduce the water usage4
from the Southern Hills Aquifer System by any facility located within one mile of5
the Mississippi River based on the following schedule:6
(a) Beginning on August 1, 2015, the facility shall be limited to eighty7
percent of the facility's average daily water use rate.8
(b) Beginning on August 1, 2016, the facility shall be limited to sixty percent9
of the facility's average daily water use rate.10
(c) Beginning on August 1, 2017, the facility shall be limited to forty percent11
of the facility's average daily water use rate.12
(d) Beginning on August 1, 2018, the facility shall be limited to twenty13
percent of the facility's average daily water use rate.14
(e) Beginning on August 1, 2019, the facility shall be limited to twelve15
percent of the facility's average daily water use rate.16
D. The provisions of this Section shall not apply to agricultural, residential,17
domestic, or municipal uses of groundwater from the Southern Hills Aquifer System.18
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
James HB No. 1120
Abstract: Determines that the Southern Hills Aquifer System is an area of groundwater
concern and a critical area of groundwater concern and implements limitations on
withdrawals of groundwater from that aquifer system.
Proposed law determines that the Southern Hills Aquifer System is an area of groundwater
concern and a critical area of groundwater concern. Defines terms.
Requires the commissioner of conservation to limit the use and withdrawal of groundwater
in the Southern Hills Aquifer System as follows:
(1)Each new facility established after Aug. 1, 2014, shall be limited to 500,000 gallons
of groundwater per day. HLS 14RS-1405 ORIGINAL
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(2)On or before Aug. 1, 2020, each facility that uses groundwater from the Southern
Hills Aquifer System shall be limited to 500,000 gallons of groundwater per day.
Further requires the commission to reduce the water usage from the Southern Hills Aquifer
System by any facility located within one mile of the Mississippi River as follows:
(1)Beginning on Aug. 1, 2015, the facility shall be limited to 80% of the facility's
average daily water use rate.
(2)Beginning on Aug. 1, 2016, the facility shall be limited to 60% of the facility's
average daily water use rate.
(3)Beginning on Aug. 1, 2017, the facility shall be limited to 40% of the facility's
average daily water use rate.
(4)Beginning on Aug. 1, 2018, the facility shall be limited to 20% of the facility's
average daily water use rate.
(5)Beginning on Aug. 1, 2019, the facility shall be limited to 12% of the facility's
average daily water use rate.
Present law creates the Capital Area Groundwater Conservation District consisting of the
parishes of E. Baton Rouge, E. Feliciana, Pointe Coupee, W. Baton Rouge, and W. Feliciana
and provides for the powers, duties, functions, and responsibilities of the commission.
Proposed law provides for the commission to take steps to prevent waste of groundwater in
the district by enforcing the withdrawal limitations provided in proposed law.
Present law provides for apportioning groundwater from an aquifer on the basis of a "just
and equitable share" based on the demonstrable geologic and hydrologic data taking into
consideration the volume of groundwater in storage, the maximum perennial recharge
potential, and any groundwater use priorities established by the board. Proposed law
subjects the "just and equitable share" to the limitations set forth in proposed law.
(Amends R.S. 38:3073(11); Adds R.S. 38:3076(A)(25) and 3097.9)