HLS 20RS-753 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 245
BY REPRESENTATIVE MARCELLE
WATER/RESOURCES: Provides relative to determination of area of groundwater concern
1 AN ACT
2To amend and reenact R.S. 38:3097.6(A), relative to the determination of an area of
3 groundwater concern; to provide certain local officials with the right to file
4 applications with the commissioner of conservation; to grant the commissioner of
5 conservation the authority to initiate studies to determine areas of groundwater
6 concern; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 38:3097.6(A) is hereby amended and reenacted to read as follows:
9 ยง3097.6. Determination of area of groundwater concern
10 A. Any local government official in an area underlain by an aquifer, or any
11 owner of a well that is significantly and adversely affected as a result of the
12 movement of a saltwater front, water level decline, or subsidence in or from the
13 aquifer drawn on by such well shall have the right to file an application to request the
14 commissioner to declare that an area underlain by such aquifer is an area of
15 groundwater concern. Such application shall contain a statement of facts, and
16 supporting evidence substantiating the area may be an area of groundwater concern
17 as defined in R.S. 38:3097.2. The commissioner shall also have the authority to
18 initiate a study on whether a declaration of an area of ground water concern is
19 necessary. On the basis of the application, application or study, good management
20 practices, and sound science, the commissioner shall either take no action on the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-753 ORIGINAL
HB NO. 245
1 study, deny the request, request in writing, or issue a draft order which describes the
2 proposed boundaries of the area of groundwater concern. If the commissioner issues
3 a draft order describing the proposed boundaries of the area, the commissioner shall
4 hold at least one public hearing in the locality of the proposed boundaries. At least
5 thirty days prior to holding the public hearing, the commissioner shall provide copies
6 of the draft order to the House Committee on Natural Resources and Environment
7 and to the Senate Committee on Natural Resources.
8 * * *
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 245 Original 2020 Regular Session Marcelle
Abstract: Provides certain local officials with the right to file applications with the
commissioner of conservation (commissioner) relative to areas of groundwater
concern and gives the commissioner the authority to initiate a study on areas of
groundwater concern.
Present law provides that only the owner of a well has the right to file an application to
request the commissioner to declare that an area underlain by an aquifer is an area of
groundwater concern. Proposed law retains present law.
Proposed law further grants any local official in an area underlain by an aquifer with the
right to file such application with the commissioner and gives the commissioner the
authority to initiate a study to determine areas of groundwater concern.
(Amends R.S. 38:3097.6(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.