§ 38:3097.6 — Determination of area of groundwater concern

Louisiana § 38:3097.6

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§3097.6. Determination of area of groundwater concern
A. Any owner of a well that is significantly and adversely affected as a result of the
movement of a saltwater front, water level decline, or subsidence in or from the aquifer
drawn on by such well shall have the right to file an application to request the secretary to
declare that an area underlain by such aquifer is an area of groundwater concern. Such
application shall contain a statement of facts, and supporting evidence substantiating the area
may be an area of groundwater concern as defined in R.S. 38:3097.2. On the basis of the
application, good management practices, and sound science, the secretary shall either deny
the request, in writing, or issue a draft order which describes the proposed boundaries of the
area of groundwater concern. If the secretary issues a draft order describing the proposed
boundaries of the area, the secretary shall hold at least one public hearing in the locality of
the proposed boundaries. At least thirty days prior to holding the public hearing, the secretary
shall provide copies of the draft order to the House Committee on Natural Resources and
Environment and to the Senate Committee on Natural Resources.
B. After holding hearings, the secretary shall issue a written decision based on good
management practices and scientifically sound data gathered from the application, the
participants in the public hearing, and any other relevant information. If the secretary has
determined that an area of ground water concern exists, his decision shall be in the form of
an order that shall describe the boundaries of the area which is determined to be an area of
ground water concern. The order shall also contain a plan to preserve and manage the ground
water resources in that area which may include but is not limited to the following:
(1) Educational and conservation programs.
(2) Incentives to reduce ground water use.
(3) If the secretary designates an area a critical area of ground water concern, the
order may restrict the amount of withdrawals by any or all users in the area. In determining
restrictions on withdrawals, the secretary shall consider the following:
(a) Ground water needed for human consumption and public health and safety shall
have the highest priority.
(b) Uses other than human consumption and public health and safety shall have equal
priority.
(c) Historical use.
(d) Ability, including economic ability, of a particular user to relocate to an
alternative source of water.
(e) User's conservation efforts and actual reductions in water usage, taking into
account historic ground water production.
NOTE: See Acts 2005, No. 225, §2, relative to pending and previous
declarations.

Legislative History

Acts 2003, No. 49, §2, eff. July 1, 2003; Acts 2005, No. 225, §1, eff. June 29, 2005; Acts 2008, No. 580, §4; Acts 2025, No. 458, §5, eff. Oct. 1, 2025.