HLS 17RS-735 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 535
BY REPRESENTATIVE MARCELLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WATER/RESOURCES: Designates and provides for critical areas of ground water concern
1 AN ACT
2To amend and reenact R.S. 38:3097.6(A) and (B)(introductory paragraph) and
3 (3)(introductory paragraph) and to enact R.S. 38:3097.6(C), (D), and (E), relative to
4 water resource management; to provide for definitions; to provide for ground water
5 withdrawal limitations in critical areas of ground water concern; to provide for the
6 membership and powers and duties of certain entities created for the purpose of
7 ground water conservation; to provide for the declaration concerning ground water
8 in certain parishes; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 38:3097.6(A) and (B)(introductory paragraph) and (3)(introductory
11paragraph) are hereby amended and reenacted and R.S. 38:3097.6(C), (D), and (E) are
12hereby enacted to read as follows:
13 ยง3097.6. Determination of area of groundwater ground water concern
14 A. Any owner of a well that is significantly and adversely affected as a result
15 of the movement of a saltwater front, water level decline, or subsidence in or from
16 the aquifer drawn on by such well shall have the right to file an application to request
17 the commissioner to declare that an area underlain by such aquifer is an area of
18 groundwater ground water concern. Such application shall contain a statement of
19 facts, and supporting evidence substantiating the area may be an area of groundwater
20 ground water concern as defined in R.S. 38:3097.2. On the basis of the application,
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HB NO. 535
1 good management practices, and sound science, the commissioner shall either deny
2 the request, in writing, or issue a draft order which describes the proposed
3 boundaries of the area of groundwater ground water concern. If the commissioner
4 issues a draft order describing the proposed boundaries of the area, the commissioner
5 shall hold at least one public hearing in the locality of the proposed boundaries. At
6 least thirty days prior to holding the public hearing, the commissioner shall provide
7 copies of the draft order to the House Committee on Natural Resources and
8 Environment and to the Senate Committee on Natural Resources.
9 B. After holding hearings, the commissioner shall issue a written decision
10 based on good management practices and scientifically sound data gathered from the
11 application, the participants in the public hearing, and any other relevant
12 information. If the commissioner has determined that an area of ground water
13 concern exists, his decision shall be in the form of an order that shall describe the
14 boundaries of the area which is determined to be an area of ground water concern.
15 The If an area is designated as an area of ground water concern in Subsection C of
16 this Section, the commissioner shall hold at least one public hearing, and upon good
17 management practices and scientifically sound data, the commissioner shall issue an
18 order. Whether the area is designated as an area of ground water concern by the
19 commissioner or by Subsection C of this Section, the order shall also contain a plan
20 to preserve and manage the ground water resources in that area which may include
21 but is not limited to the following:
22 * * *
23 (3) If the commissioner designates an area a critical area of ground water
24 concern, or an area is designated as such in Subsection C of this Section, the order
25 may restrict the amount of withdrawals by any or all users in the area. In
26 determining restrictions on withdrawals, the commissioner shall consider the
27 following:
28 * * *
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HB NO. 535
1 C. The area comprised of East Baton Rouge Parish, West Baton Rouge
2 Parish, East Feliciana Parish, West Feliciana Parish, and Pointe Coupee Parish, is
3 hereby designated an area of ground water concern and a critical area of ground
4 water concern as defined in R.S. 38:3097.2(1).
5 D. In any area designated by the commissioner or in Subsection C of this
6 Section as a critical area of ground water concern, the following shall apply to any
7 governing body of a political subdivision created for the purpose of conserving
8 ground water or to provide for the efficient administration, conservation, orderly
9 development and supplementation of ground water resources:
10 (1) No person shall be eligible to serve as a member of the governing body
11 of the political subdivision if either of the following applies:
12 (a) That person has a conflict of interest as provided by R.S. 42:1101 et seq.
13 (b) That person is employed by, has an ownership interest in, or is a
14 consultant of a private entity that produces or uses ground water in the jurisdiction
15 of the governing body for any beneficial use, in excess of fifty thousand gallons for
16 any day during any calendar year from a well or wells owned or operated by such
17 entity or from a well or wells owned or operated solely for the production of water
18 used by such entity.
19 (2) A governing body provided for in this Subsection shall do all things
20 necessary to prevent waste of ground water resources and to prevent or alleviate
21 damaging or potentially damaging subsidence of the land surface caused by
22 withdrawal of ground water within the area. The governing body shall take action,
23 including but not limited to, issuing orders to prohibit the use and withdrawal of
24 ground water and to enforce use and withdrawal limitations.
25 E.(1) For any area designated by the commissioner or in Subsection C of this
26 Section as a critical area of ground water concern, each facility shall, within two
27 years of such designation, limit its use and withdrawal of ground water to no more
28 than one million gallons of ground water per day.
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HB NO. 535
1 (2) For purposes of this Subsection, "facility" shall mean any public or
2 private property or site and all contiguous land and structures, other appurtenances
3 and improvements, where an activity is conducted, and all the contiguous property
4 under the control of the owner or operator.
5 (3) The provisions of this Subsection shall not apply to agricultural,
6 residential, domestic, or municipal uses, or public supply uses.
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)]
HB 535 Original 2017 Regular Session Marcelle
Abstract: Designates East Baton Rouge Parish, West Baton Rouge Parish, East Feliciana
Parish, West Feliciana Parish, and Pointe Coupee Parish as a critical ground water
area of concern and provides for certain governing bodies and ground water use in
critical areas.
Present law requires the commissioner, through the office of conservation, to administer all
matters related to the management of the state's ground water resources by providing for the
most "advantageous use" of the resource consistent with the protection, conservation, and
replenishment thereof.
Present law defines an "area of ground water concern" as an area in which, under current
usage and normal environmental conditions, sustainability of an aquifer is not being
maintained due to either movement of a salt water front, water level decline, or subsidence,
which results in unacceptable environmental, economic, social, or health impact, or which
causes serious adverse impact to an aquifer, considering the areal and temporal extent of all
such impacts.
Present law defines "critical area of ground water concern" as an area of ground water
concern that cannot maintain sustainability without withdrawal restrictions.
Present law provides for the authority of the commissioner to identify areas of ground water
concern and critical areas of ground water concern and the procedures by which well owners
apply to have such areas designated. Present law provides that if the commissioner does
identify an area where the ground water is threatened, he must establish a plan to manage
the resource. The plan may include educational and conservation programs, incentives to
reduce ground water use, and, if given the critical designation, restrictions on withdrawals.
Present law requires the commissioner to hold a public hearing on any draft order proposing
to designate a threatened area and that at least 30 days prior to the hearing, the commissioner
shall provide a copy of the draft order to the House and Senate committees on natural
resources.
Proposed law retains present law and designates the area comprised of East Baton Rouge
Parish, West Baton Rouge Parish, East Feliciana Parish, West Feliciana Parish, and Pointe
Coupee Parish, as an area of ground water concern and a critical area of ground water
concern. Proposed law requires the commissioner to hold at least one public hearing in the
area designated by proposed law, and to issue an order to manage the ground water resource.
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Proposed law limits the membership of any governing body of a political subdivision created
for the purpose of conserving ground water or to provide for the efficient administration,
conservation, orderly development and supplementation of ground water resources in a
critical area of ground water concern. Prohibits from the membership of such bodies any
person with a conflict of interest as provided by present law and any person employed by,
who has an ownership interest in, or is a consultant of a private entity that produces or uses
ground water in the jurisdiction of the governing body for any beneficial use, in excess of
50,000 gallons for any day during any calendar year from a well or wells owned or operated
by such entity or from a well or wells owned or operated solely for the production of water
used by such entity.
Proposed law authorizes such governing bodies to do all things necessary to prevent waste
of ground water resources and to prevent or alleviate damaging or potentially damaging
subsidence of the land surface caused by withdrawal of ground water within the area.
Proposed law includes the authority to take action, including but not limited to, issuing
orders to prohibit the use and withdrawal of ground water and to enforce use and withdrawal
limitations.
Proposed law limits any facility defined by proposed law and located in a critical area of
ground water concern to no more than 1,000,000 gallons of ground water per day within two
years of the area's designation as critical. Proposed law defines "facility" as any public or
private property or site and all contiguous land and structures, other appurtenances and
improvements, where an activity is conducted, and all the contiguous property under the
control of the owner or operator.
Proposed law exempts agricultural, residential, domestic, municipal uses, or public supply
uses from the required ground water limits in proposed law.
(Amends R.S. 38:3097.6(A) and (B)(intro. para.) and (3)(intro. para.); Adds R.S. 38:
3097.6(C), (D), and (E))
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