§3097.2. Definitions
Unless the context otherwise requires, the following terms shall have the following
meanings for purposes of this Chapter:
(1)"Area of ground water concern" shall mean 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. 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 secretary finds that sustainability cannot be
maintained without withdra
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§3097.2. Definitions
Unless the context otherwise requires, the following terms shall have the following
meanings for purposes of this Chapter:
(1) "Area of ground water concern" shall mean 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. 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 secretary finds that sustainability cannot be
maintained without withdrawal restrictions.
(2) "Beneficial use" means the technologically feasible use of ground water for
domestic, municipal, industrial, agricultural, recreational, or therapeutic purpose, or any other
advantageous purpose.
(3) "Commission" shall mean the Water Resources Commission, established by R.S.
38:3097.4.
(4) "Domestic well" shall mean a water well used exclusively to supply the
household needs of the owner, lessee, or his family. Uses may include but are not limited
to drinking, cooking, washing, sanitary purposes, lawn and garden watering, and caring for
pets. Domestic wells shall also include wells used on private farms and ranches for the
feeding and caring of pets and watering of lawns, excluding livestock, crops, and ponds.
(5) "Ground water" is water suitable for any beneficial use percolating below the
earth's surface which contains fewer than 10,000 mg/l total dissolved solids, including water
suitable for domestic use or supply for a domestic water system.
(6) "Ground water emergency" shall mean an unanticipated occurrence as a result
of a natural force or a man-made act which causes a ground water source to become
immediately unavailable for beneficial use for the foreseeable future or drought conditions
determined by the secretary to warrant the temporary use of drought relief wells to assure the
sustained production of agricultural products in the state.
(7) "Historic ground water production" means the average annual production of a
ground water well since the calendar year 1995.
(8) "Large volume well" means a well with an exterior casing size of eight inches or
greater in diameter, or as defined by rules and regulations promulgated by the secretary
pursuant to the Administrative Procedure Act.
(9) "Person" shall mean any natural person, corporation, association, partnership,
receiver, tutor, curator, executor, administrator, fiduciary, or representative of any kind, or
any governmental entity.
(10) "Replacement well" shall mean a well located within one thousand feet of the
original well and within the same property boundary as the original well, installed within the
same aquifer over an equivalent interval with an equivalent pumping rate, and used for the
same purpose as the original well.
(11) "Secretary" shall mean the secretary of the Department of Conservation and
Energy.
(12) "Spacing" means the distance a water well may be located in relation to an
existing or proposed water well, regardless of property boundaries.
(13) "Sustainability" means 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.
(14) "User" shall mean any person who is making beneficial use of ground water
from a well or wells owned or operated by such person.
(15) "Well" or "water well" shall mean any well drilled or constructed for the
principal purpose of producing ground water.
NOTE: See Acts 2005, No. 225, §2, relative to pending and previous
declarations.