§3097.3. Secretary of Conservation and Energy; powers and duties
A.The secretary, through the Department of Conservation and Energy, is empowered
and responsible for the administration of all matters related to the management of the state's
groundwater resources by providing for the most advantageous use of the resource consistent
with the protection, conservation, and replenishment thereof. The secretary shall perform
these functions to the extent such functions are not specifically within the jurisdiction of
other state departments or agencies. The secretary shall seek the advice and consultation of
local governmental entities on any actions or decisions which may have an impact upon those
entities or residents within the entities' respective jurisdictions.
B.The secretary is authorize
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§3097.3. Secretary of Conservation and Energy; powers and duties
A. The secretary, through the Department of Conservation and Energy, is empowered
and responsible for the administration of all matters related to the management of the state's
groundwater resources by providing for the most advantageous use of the resource consistent
with the protection, conservation, and replenishment thereof. The secretary shall perform
these functions to the extent such functions are not specifically within the jurisdiction of
other state departments or agencies. The secretary shall seek the advice and consultation of
local governmental entities on any actions or decisions which may have an impact upon those
entities or residents within the entities' respective jurisdictions.
B. The secretary is authorized to employ, assign, and remove personnel, including
a deputy, within the Department of Conservation and Energy, to provide administrative and
technical staff functions that the secretary deems necessary to carry out the powers, functions,
and duties under this Chapter. Personnel actions shall be in accordance with applicable civil
service laws, rules, and regulations, and with the policies and rules of the department, all
subject to budgetary control and applicable laws.
C. The secretary has authority to make, after notice and public hearings in
accordance with the Administrative Procedure Act, any reasonable rules, regulations, and
orders that are necessary from time to time in the proper administration and enforcement of
this Chapter, including rules, regulations, or orders for the following purposes:
(1) Do all things necessary to prevent waste of water resources.
(2) Prevent or alleviate damaging or potentially damaging salt water movement or
water level decline and loss of sustainability in the state's aquifers in accordance with
Paragraph (4) of this Subsection.
(3) Prevent subsidence of the land surface caused by the withdrawal of groundwater
within the state in accordance with Paragraph (4) of this Subsection.
(4)(a) Require registration of all new wells by the owners. Such registration shall
at a minimum require the date drilled or the estimated date to be drilled, the name of the
driller, the current ownership, and the projected location of the well in latitude, longitude,
and depth, and casing size together with such other information as the secretary may
reasonably require. Registration shall be in the form of a notice of intent to drill submitted
to the secretary at least sixty days prior to drilling the well, except for the following types of
wells which shall be registered no later than sixty days after completing the well:
(i) Domestic well.
(ii) Replacement well.
(iii) Drilling rig supply well, used only for the duration of the oil and gas drilling
operation at the drilling location where sited for the immediate needs of rig operations.
(iv) Drought relief wells.
(v) All other wells the secretary exempts for just cause.
(b) Within thirty days of receiving the well registration, the secretary shall review
the submitted information. During the thirty-day review period, the secretary may either
issue an order to the owner placing restrictions on the well or requesting further reasonable
information on the well or may take no action. Prior to any order placing a restriction on a
well, the secretary shall determine, on the basis of good management practices and sound
science, that such action is necessary to prevent adverse impacts to the sustainability of the
aquifer from which the proposed well is to produce. An order placing restrictions on spacing
may also be issued to avoid direct adverse impacts to existing wells. Restrictions and
requests for information shall be subject to the following:
(i) For large volume wells or wells within a critical area of groundwater concern, the
secretary may issue to the owner of such well an order fixing allowable production, spacing,
and metering necessary to properly manage the state's groundwater resources consistent with
R.S. 38:3097.6(B)(3). Before issuing any order placing restrictions on a well outside a
critical area of groundwater concern, the secretary shall consider a well owner's efforts to
develop alternate water sources.
(ii) For all other wells located outside a critical area of groundwater concern, an
order issued by the secretary may only fix spacing of the well.
(iii) If more information is requested, the secretary shall have an additional thirty
days after receiving the additional information for review.
(5) Determine areas of groundwater concern and designate critical areas of
groundwater concern in accordance with R.S. 38:3097.6.
(6) Collect data with respect to water wells and water resources.
(7) Continue development of a statewide groundwater resource management program
that shall include but not be limited to evaluation of the state's water resources including
current and projected demands; development of a water use conservation program; study of
alternatives to groundwater use, such as surface water to include treatment and transmission
system, and reclaimed water; incentives for conservation; use of alternative technologies; and
education and conservation programs. The plan should stress conservation as the primary
mechanism for the protection of the state's groundwater resources.
(8) Develop a contingency plan to respond to a groundwater emergency. Such a plan
shall provide that groundwater needed for human consumption shall have the highest
priority. If the secretary declares a groundwater emergency, he shall define the geographical
extent of the area included in the emergency by rule or order, may retain personnel or let
contracts as necessary with persons who shall operate under his direction to abate the
emergency conditions, and may fix the allowable production, spacing, and depth for wells
within the area in such a way that the combined production of groundwater will not have
long-term adverse effects on the aquifer.
(9) Authorize the temporary use of drought relief wells for agricultural use in times
of drought.
(10) Enter interagency agreements and interstate compacts in order to manage
groundwater resources. Such interstate compacts shall be entered only upon approval of the
House Committee on Natural Resources and Environment and the Senate Committee on
Environmental Quality.
D. Any rule or regulation promulgated or any critical groundwater area declared by
the Ground Water Management Commission pursuant to authority granted by Act No. 446
of the 2001 Regular Session of the Legislature shall remain in effect until July 1, 2004, or
until such time as the secretary promulgates rules pursuant to this Section or reviews any
previously declared critical area.
E. The secretary shall not authorize or issue any permit which allows the use or
withdrawal of three million gallons or more of groundwater per day from the Chicot aquifer
that shall be injected into the subsurface in a parish whose population is more than seventy
thousand and less than seventy-five thousand.
F.(1) The secretary, upon determining that a violation of this Chapter, Chapter 13-A
or 13-B of this Title, or the regulations adopted thereunder has occurred, may impose a civil
penalty as provided in this Chapter. Additionally, upon determining that a violation of this
Chapter, Chapter 13-A or 13-B of this Title, or the rules and regulations made pursuant to
this Chapter or Chapter 13-A or 13-B of this Title has occurred, the secretary may issue an
order requiring compliance. Any such order shall state, with reasonable specificity, the
nature of the violation, any cessation of activities or affirmative operations required to
achieve compliance, and a time limit within which compliance with the order must be
achieved. Noncompliance with any such order to comply shall constitute a violation of this
Chapter or Chapter 13-A or 13-B of this Title, and the secretary may impose a civil penalty
for such violation. Any person subjected to a civil penalty shall have the right to a public
hearing if requested in writing, which written request shall suspend the imposition of penalty
until final action is taken by the secretary.
(2) The secretary is hereby authorized to assess civil penalties for each day of
violation of the provisions of this Chapter or Chapter 13-A or 13-B of this Title as follows:
(a) For violations of rules and regulations promulgated pursuant to Subparagraph
(C)(4)(a) of this Section - failure to register a well no later than sixty days after completion
of the well:
(i) First offense - between zero and fifty dollars.
(ii) Second offense - between fifty and one hundred dollars.
(iii) Third and subsequent offense - between one hundred and five hundred dollars.
(b) For violations of rules and regulations promulgated pursuant to Subparagraph
(C)(4)(a) of this Section - failure to submit a notice of intent to drill a well at least sixty days
prior to drilling:
(i) First offense - between zero and two hundred dollars.
(ii) Second offense - between two hundred and four hundred dollars.
(iii) Third and subsequent offense - between four hundred and one thousand dollars.
(c) For violations of rules and regulations promulgated pursuant to Subparagraph
(C)(4)(a) of this Section - failure to submit a notice of intent to drill a well prior to drilling:
(i) First offense - five hundred dollars.
(ii) Second offense - one thousand dollars.
(iii) Third and subsequent offense - two thousand five hundred dollars.
(d) For violations of rules and regulations promulgated pursuant to Subparagraph
(C)(4)(b) of this Section - failure to comply with restrictions, terms, or conditions set forth
by order of the secretary:
(i) First offense - one thousand dollars.
(ii) Second offense - two thousand five hundred dollars.
(iii) Third and subsequent offense - five thousand dollars.
(e) For violations of rules and regulations promulgated pursuant to Paragraph (C)(9)
of this Section - failure to comply with an emergency order authorizing the temporary use
of drought relief wells:
(i) First offense - two hundred dollars.
(ii) Second offense - four hundred dollars.
(iii) Third and subsequent offense - one thousand dollars.
(f) For violations of rules and regulations promulgated pursuant to Paragraph (C)(8)
of this Section - failure to comply with any restrictions, terms, or conditions set forth by the
secretary in response to a groundwater emergency:
(i) First offense - one thousand dollars.
(ii) Second offense - two thousand five hundred dollars.
(iii) Third and subsequent offense - five thousand dollars.
(g) For violations of Chapter 13-A-1 of Title 38 of the Louisiana Revised Statutes
of 1950 for any other violations not otherwise specified in this Paragraph:
(i) First offense - between zero and two hundred dollars.
(ii) Second offense - between two hundred and four hundred dollars.
(iii) Third and subsequent offense - between four hundred and one thousand dollars.
(h) For violations of Chapter 13-A of this Title and not otherwise specified in that
Chapter:
(i) First offense – between one and two hundred dollars.
(ii) Second offense – between two hundred one and four hundred dollars.
(iii) Third offense and subsequent offenses – between four hundred one and one
thousand dollars.
(i) For violations of Chapter 13-B of this Title and not otherwise specified in that
Chapter:
(i) First offense – between one hundred and one thousand dollars.
(ii) Second offense – between one thousand one and two thousand five hundred
dollars.
(iii) Third and subsequent offenses – between two thousand five hundred one and
five thousand dollars.
G. The secretary shall ensure submission of the semiannual reports required of the
ground water conservation districts by R.S. 38:3097.8. If the reports are not submitted timely
or do not include the pertinent information required, the secretary is authorized to require
monthly submissions of the reports until he is satisfied with the adequacy and informative
nature of the reports.
NOTE: See Acts 2005, No. 225, §2, relative to pending and previous
declarations.