Louisiana Groundwater Law (Revised Statutes 38:3091.1-3098.7) and Article in Louisiana Law Review

Prior to 2001, there was no statewide groundwater law, other than a 1972 law authorizing the Department of Transportation and Development (DOTD) Dept. of Public Works to regulate (registration, reporting, well construction and sealing) wells drawing more than 50,000 gallons per day . [This DOTD authority was transferred to Louisiana Department of Natural Resources (LDNR) in 2009].  A 1974 law created the Capital Area Groundwater Conservation District and gave it permitting and funding authority within five parishes surrounding Baton Rouge.

In 2001, Act 449 provided for a commission and a task force to develop comprehensive groundwater law.  Act 449 also defined ‘critical groundwater area’ and provided for a process for designation of these areas.

In 2003, Act 49 (Louisiana Revised Statutes 38:3097.1-3097.6) modified or eliminated provisions of earlier laws and became the basis for groundwater law in Louisiana.  Act 225 of 2005 replaced Act 49’s definition of ‘critical groundwater area’ with a new definition and created a new category, ‘area of groundwater concern’.

Some Provisions of Louisiana Groundwater Law (Revised Statutes 38:3091.1-3098.7)

• LDNR Commissioner of Conservation is ‘empowered and responsible for the administration of all matters related to the management of the state’s groundwater resources’.

• ‘Sustainability’ is defined as ‘the development and use of ground water in a manner that can be maintained for the present and future time without causing unacceptable environmental, economic, social, or health consequences’.

• An ‘area of groundwater concern’ is defined 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, resulting in unacceptable environmental, economic, social, or health impact, or causing serious adverse impact to an aquifer, considering the areal and temporal extent of all such impacts’.  Well owner(s) may apply.  After public hearings, the Commissioner may issue an order designating an area of concern, which must contain a plan for protection of the area.

• A ‘critical area of groundwater concern’ is defined: ‘An area of ground water concern, declared pursuant to R.S. 38:3097.6, shall be designated a critical area of ground water concern when the commissioner finds that sustainability cannot be maintained without withdrawal restrictions’.

• First priority use is assigned to human consumption in 'critical areas of groundwater concern’.

• Well owners, with some exceptions, must notify the Commissioner 60 days before drilling a new well.
  • Restrictions are placed on regulating groundwater withdrawal:  for large volume wells (greater than 8" diameter exterior encasement) and wells in a ‘critical groundwater area’, the Commissioner may order allowable production, spacing, and metering, otherwise, the Commissioner may regulate spacing.

Orders of the Commissioner of Conservation include the following:

• designation of ‘areas of groundwater concern’ in Sparta pumping centers (AGC 1-05 of 2005);
• required reporting of water source and volume used in hydraulic fracturing operations (2009);
• establishment of uniform regulations for Haynesville Shale operations in urban areas (2009).

Louisiana legislature Act 437 of 2009 transferred responsibility for water well registration, licensing, and regulation from DOTD to DNR, effective January 1, 2010.  DNR Office of Conservation tracks the number and use of water wells in the state.  [http://dnr.louisiana.gov/cons/groundwater/]

Statewide Comprehensive Groundwater Management Plan

The Louisiana Groundwater Resources Commission, on which the Sparta Commission is represented, is preparing a statewide groundwater management plan, which is projected to be complete by the end of 2010.