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 88 Original 2021 Regular Session Marcelle
Abstract: Provides limitations on groundwater withdrawals from the Southern Hills Aquifer by
industrial facilities and requires reporting and recordkeeping.
Present law creates the Capital Area Groundwater Conservation District for the purpose of the
efficient administration, conservation, and development of groundwater resources for the parishes
of East Baton Rouge, East Feliciana, Pointe Coupee, West Baton Rouge, and West Feliciana.
Requires the district to work in conjunction with the commissioner of conservation.
Present law specifies that the state has exclusive jurisdiction of groundwater management. Provides
that such jurisdiction cannot supersede the zoning authority of local governments or the duties of soil
and water conservation districts.
Proposed law retains present law.
Proposed law defines "covered facility" as any commercial or industrial facility and all the
contiguous property under the control of the owner or operator. Additionally, defines "covered area"
as any area within the parishes of East Baton Rouge, West Baton Rouge, East Feliciana, West
Feliciana, and Pointe Coupee.
Proposed law specifies that by Jan. 1, 2026, every covered facility in a covered area must limit the
amount of groundwater that a covered facility can withdraw from the Southern Hills Aquifer to five
million gallons of groundwater per day. Further requires covered facilities to report any withdrawals
in excess of one million gallons of groundwater per day and to maintain records of such withdrawals
for at least five years.
Proposed law exempts agricultural, residential, domestic, municipal, or public supply uses from
proposed law.
Proposed law requires the commissioner of conservation to adopt any necessary rules and regulations
to monitor and enforce proposed law.
(Adds R.S. 38:3097.10)