HLS 18RS-217 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 430
BY REPRESENTATIVE SHADOIN
WATER/RESOURCES: Provides for the Sparta Groundwater Conservation District
1 AN ACT
2To amend and reenact R.S. 38:3087.134(A) and 3087.136 and to enact R.S. 38:3087.133(9)
3 and (10), 3087.138, and 3087.139, relative to the Sparta Groundwater Conservation
4 District; to provide for the membership of the board of commissioners; to provide
5 for the powers of the board; to provide relative to the adoption and enforcement of
6 groundwater conservation laws, rules, regulations, and orders; to provide for
7 administrative procedures; to provide for the assessment of certain pumping charges
8 and metering fees; to provide relative to violations and penalties; and to provide for
9 related matters.
10 Notice of intention to introduce this Act has been published
11 as provided by Article III, Section 13 of the Constitution of
12 Louisiana.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 38:3087.134(A) and 3087.136 are hereby amended and reenacted and
15R.S. 38:3087.133(9) and (10), 3087.138, and 3087.139 are hereby enacted to read as follows:
16 §3087.133. Definitions
17 Unless the context otherwise requires, the following terms shall have the
18 following meanings for purposes of this Part:
19 * * *
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1 (9) "Major use parish" means any parish within the district with either a
2 majority of the parish's geographic area providing access to the Sparta aquifer or
3 usage from within the parish equal to or greater than the median usage of water from
4 the Sparta aquifer of the parishes within the district based on the latest data supplied
5 by the United States Geological Survey. Any membership change based on such
6 data shall not take effect until the end of the affected member's term.
7 (10) "Minor use parish" means any parish within the district that is not
8 classified as a major parish.
9 §3087.134. Board of commissioners; tenure; replacement; compensation
10 A. The board of commissioners for the district shall consist of nineteen the
11 following voting members commissioned by the governor as follows:
12 (1) One member each from the major use parishes of Bienville, Claiborne,
13 Jackson, Lincoln, Morehouse, Ouachita, Union, Webster, and Winn, respectively.
14 The governor shall designate the term of office for each member appointed pursuant
15 to this Subparagraph so that, insofar as possible, one-third of the initial members
16 shall serve a one-year term, one-third a two-year term, and one-third a three-year
17 term.
18 (2) One member, to serve a one-year three-year term, from one of a list of
19 three persons nominated by the following minor use parishes: Bossier, Caddo,
20 Caldwell, LaSalle, Natchitoches, Richland, and Sabine. The parish nominating the
21 member shall be on a rotating basis in the order listed herein.
22 (3) Three members from the nominees of the user groups of wood product
23 industry users, agricultural users, and other industrial users, respectively, in the
24 district commissioned in such manner that the wood products industry, agriculture,
25 and other industries are each represented by one member. One member nominated
26 by the Louisiana Pulp and Paper Association from mills utilizing resources from the
27 Sparta aquifer.
28 (4) One member nominated by the Louisiana Farm Bureau.
29 (5) One member nominated by the Louisiana Poultry Federation.
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1 (6) One member from a list of three persons nominated by the Louisiana
2 Mid-Continent Oil and Gas Association and the Louisiana Oil and Gas Association.
3 The governor shall designate the term of office for each member appointed pursuant
4 to this Paragraph and Paragraphs 3, 4, and 5 of this Subsection so that one member
5 shall serve a one-year term, one two shall serve for a two-year term, and one shall
6 serve a three-year term.
7 (4) (7) Six members from the nominees of each of the six municipalities
8 within the district which have a minimum use of five hundred thousand gallons per
9 day and have the greatest six populations, based on the latest data provided by the
10 United States Geological Survey and the latest federal decennial census. Any
11 membership change based on such data shall not take effect until the end of the
12 affected member's term. The governor shall designate the term of office for each
13 member commissioned pursuant to this Paragraph so that one member shall serve a
14 one-year term, one member shall serve a two-year term, and one member shall serve
15 a three-year term.
16 * * *
17 §3087.136. Powers of the board
18 The board shall conduct a study and survey of the groundwater resources in
19 the district, including but not limited to consideration of what is necessary or
20 advisable to conserve groundwater resources and where appropriate, prevent or
21 alleviate damaging or potentially damaging drawdowns, land surface subsidence, and
22 groundwater quality degradation have the authority to do all things necessary to
23 prevent waste of groundwater resources, and to prevent or alleviate damaging or
24 potentially damaging subsidence of the land surface caused by withdrawal of
25 groundwater within the district. For this purpose, the board shall hold hearings and
26 may:
27 (1) Establish groundwater use priorities under conditions supported by
28 research data that indicates depletion of water.
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1 (2) Assess against all users within the district either a fee on each meter
2 installed or a charge based on the annual rate of use of each user. A user may be
3 charged either a metering fee or a pumping charge, but not both. Such charges shall
4 be uniform as to all users and sufficient to meet costs and expenses of operation.
5 Charges based on rate of use shall be assessed on the basis of units of water used,
6 whether using a cubic, acre-foot, or other unit, and without distinctions or
7 graduations as to total amounts of water produced by individual users or classes of
8 users. Further, such charges shall be assessed and the income generated from the
9 assessment shall be used only to defray the costs and expenses of conservation
10 measures. The board shall make every effort to reduce expenses in order to keep
11 fees and charges to a minimum.
12 (3) Cooperate with and enter into contracts or cooperative agreements with
13 other governmental units and agencies of this state, with governments and agencies
14 of other states and of the United States, and with private agencies or other
15 groundwater conservation districts for the achievement of the purposes of this Part.
16 (2) (4) Receive and expend funds from any source, public or private, for the
17 achievement of the purposes of this Part.
18 (5) Receive grants and enter into contracts for groundwater resource
19 development.
20 (6) Conduct studies and investigations of all problems concerning
21 groundwater resources of the district.
22 (3) (7) Hire such personnel and retain such consultants as shall be reasonably
23 necessary to the performance of its functions. Personnel from other agencies shall
24 be used wherever practical and possible.
25 (8) After notice and hearing, adopt and enforce reasonable rules, regulations,
26 or orders necessary from time to time to achieve the purposes and powers granted
27 pursuant to this Part, and such rules, regulations, and orders shall be effective and
28 enforceable immediately upon promulgation in the official journal of each parish
29 affected.
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1 (4) (9) Advise and consult with the commissioner of conservation and the
2 Water Resources Commission on matters that impact water resources within the
3 board's jurisdiction.
4 * * *
5 §3087.138. Metering fees; pumping charges
6 The metering fee or the pumping charge assessed against each user within the
7 district shall be fixed annually upon at least thirty days notice to each user within the
8 district and general notice by publication. The charges assessed against users shall
9 not be increased without a public hearing held for the purpose of fixing the metering
10 fee or pumping charges and opportunity for the submission of all pertinent data
11 concerning total rates of consumption of groundwater within the district, estimated
12 rates of consumption by users within the district, the costs and expenses which must
13 be met during the coming year, costs and expenses which must be met by the
14 metering fee or pumping charge, and the manner in which the computation of the
15 pumping charge is made. Any user within the district shall have a right to make a
16 presentation by testimony and introduction of evidence and exhibits, and any other
17 interested person shall have a right to be heard by making a personal statement of
18 reasonable length. Any user intending to make a presentation at the hearing resulting
19 in the assessment of pumping charges shall so advise the board at least five days in
20 advance of the hearing and shall indicate the estimated length of the presentation.
21 When necessary, in its discretion, the board may limit the time allotted to users for
22 their presentations.
23 §3087.139. Violations; penalty; jurisdiction; attorney general to conduct suit;
24 complicity
25 A. Whoever knowingly and willfully violates this Part of a rule, regulation,
26 or order of the board shall be subject to a civil penalty of not more than one thousand
27 dollars a day for each day of violation and for each act of violation.
28 B. Whoever knowingly and willfully aids or abets a person in the violation
29 of this Part or any rule, regulation, or order of the board shall be subject to a civil
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1 penalty of not more than one thousand dollars a day for each day of violation and for
2 each act of violation.
3 C. At the option of the board, a suit to recover penalties pursuant to this
4 Section may be instituted in the district court of the parish of the residence of any
5 one of the defendants or in the district court of the parish where the violation
6 occurred.
7 D. Suit shall be at the direction of the board and shall be instituted and
8 conducted in its name by the attorney general or by the appropriate district attorney
9 of the district under the direction of the attorney general.
10 E. Any person filing or maintaining a false public record or injuring a public
11 record in violation of R.S. 14:132 and 133 associated with any requirement or duty
12 pursuant to this Part may be prosecuted by the appropriate district attorney.
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 430 Original 2018 Regular Session Shadoin
Abstract: Provides for the membership, duties, and power of the board of commissioners
of the Sparta Groundwater Conservation District.
Present law creates the Sparta Groundwater Conservation District to study and survey the
use of the Sparta aquifer and how to provide for the efficient administration, conservation,
and orderly development of groundwater resources in the parishes of Bienville, Bossier,
Caddo, Caldwell, Claiborne, Jackson, LaSalle, Lincoln, Morehouse, Natchitoches, Ouachita,
Richland, Sabine, Union, Webster, and Winn.
Present law creates the board of commissioners to be commissioned by the governor. The
19 voting members of the board are as follows:
(1)Nine members, consisting of one member from each of the parishes of Bienville,
Claiborne, Jackson, Lincoln, Morehouse, Ouachita, Union, Webster, and Winn.
(2)One member from one of the parishes of Bossier, Caddo, Caldwell, LaSalle,
Natchitoches, Richland, and Sabine, to serve on a rotating basis.
(3)Three members from the nominees of user groups of wood product industry users,
agricultural users, and other industrial users.
(4)Six members from the municipalities within the district which have a minimum use
of 500,000 gallons per day.
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Proposed law changes the membership of the board as follows:
(1)Changes from a member each from each of the nine listed parishes to each major use
parish having a member each. Defines a "major use parish" as any parish within the
district with either a majority of the parish's geographic area providing access to the
Sparta aquifer or usage from within the parish equal to or greater than the median
usage of water from the Sparta aquifer of the parishes within the district based on the
latest data supplied by the U.S. Geological Survey (USGS).
(2)Changes from one member serving a one-year term from the listed parishes on a
rotating basis to one member serving a three-year term from a list of three persons
nominated by the minor use parishes. Defines a "minor use parish" as any parish in
the district that is not a major use parish.
(3)Changes from three members from the nominees of user groups of wood product
industry users, agricultural users, and other industrial users to one member
nominated by the La. Pulp and Paper Association from a mill using the Sparta
aquifer, one member nominated by the La. Farm Bureau, and one member nominated
by the La. Poultry Federation.
(4)Adds one member from a list of three nominated by the La. Mid-Continent Oil and
Gas Association and the La. Oil and Gas Association.
(5)Changes from six members from the nominees of municipalities in the district which
have a minimum of 500,000 gallons per day (gpd) to six members from the nominees
of each of the six municipalities that use a minimum of 500,000 gpd and have the
largest population.
Proposed law provides that any membership change based on USGS or census data will not
change until the end of the affected member's term.
Present law further provides for the following non-voting members:
(1)The secretary of the Dept. of Environmental Quality or his designee.
(2)The commissioner of the Dept. of Agriculture and Forestry or his designee.
(3)A representative of the USGS.
(4)The secretary of the Dept. of Wildlife and Fisheries or his designee.
(5)The secretary of the Dept. of Natural Resources or his designee.
(6)A representative of the La. Rural Water Association.
(7)A representative of the La. Cattlemen’s Association.
(8)A representative of the La. Farm Bureau Federation.
(9)Each senator whose senatorial district includes any portion of any parish included
within the district or his designee.
(10)Each member of the House of Representatives whose representative district includes
any portion of any parish included within the district or his designee.
(11)One or more representatives of industrial users of the groundwater appointed by the
board to serve at its pleasure.
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(12)The secretary of La. Dept. of Health.
(13)A representative from each university located within the district.
Proposed law retains present law.
Present law provides for the powers of the board. Requires the board to conduct a study and
survey of the groundwater resources in the district. Requires the board to hold hearings.
Authorizes the board to cooperate with and enter into agreements with other governmental
units and agencies of this state, other states, and with private agencies or other groundwater
conservation districts to achieve these purposes. Authorizes the board to receive and expend
funds from any source, public or private, to achieve these purposes. Authorizes the board
to hire personnel and retain consultants as reasonably necessary and to consult with the
commissioner of conservation.
Proposed law adds to the board's powers by authorizing the following:
(1)To do all things necessary to prevent waste of groundwater resources, and to prevent
or alleviate damaging or potentially damaging subsidence of the land surface caused
by withdrawal of groundwater within the district.
(2)Establishing groundwater use priorities under conditions supported by research data
that indicates depletion of water.
(3)Assess against all users within the district either a fee on each meter installed or a
charge based on the annual rate of use of each user. A user may be charged either
a metering fee or a pumping charge, but not both.
(4)Receive grants and enter into contracts for groundwater resource development.
(5)Conduct studies and investigations of all problems concerning groundwater
resources of the district.
(6)After notice and hearing, adopt and enforce reasonable rules, regulations, or orders
necessary from time to time.
Proposed law requires that the meter fee or pumping charge be uniform as to all users and
sufficient to meet costs and expenses of operation. Specifies that charges based on rate of
use will be assessed on the basis of units of water used without distinctions as the relative
usage compared to other users.
Proposed law requires any income from charges assessed be used only to defray the costs
and expenses of conservation measures. Further requires the board to make every effort to
reduce expenses in order to keep fees and charges to a minimum.
Proposed law requires any metering fee or pumping charge assessed be fixed annually upon
at least 30 days notice to each user within the district and general notice by publication.
Further requires a public hearing held for the purpose of fixing the metering fee or pumping
charges with an opportunity for the submission of data and testimony prior to a rate increase.
Proposed law requires any user intending to make a presentation at the hearing to consider
an assessment of pumping charges to advise the board at least five days in advance.
Proposed law provides that any person who knowingly and willfully violates, or aids or abets
a person in the violation of any groundwater conservation laws, regulations, rules, or orders
is subject to a civil penalty of not more than $1,000 for each day of violation and for each
act of violation. Provides that such enforcement actions are to be brought at the option of
the board in the district court of the parish of residence of any one of the defendants or where
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the violation occurred. Further provides that such suits are to be brought at the direction of
the board by the attorney general or the district attorney of the parish under the direction of
the attorney general.
Proposed law provides that any person filing or maintaining a false public record or injuring
a public record in violation of present law may be prosecuted by the appropriate district
attorney.
(Amends R.S. 38:3087.134(A) and 3087.136; Adds R.S. 38:3087.133(9) and (10), 3087.138,
and 3087.139)
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