2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:3097.3 - Commissioner of conservation; powers and duties
§3097.3. Commissioner of conservation; powers and duties
A. The commissioner, through the office of conservation, 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 commissioner shall perform these functions to the extent such functions are not specifically within the jurisdiction of other state departments or agencies. The commissioner 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 commissioner is authorized to employ, assign, and remove personnel, including a deputy, within the Department of Natural Resources, office of conservation, to provide administrative and technical staff functions the commissioner 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 commissioner 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 commissioner may reasonably require. Registration shall be in the form of a notice of intent to drill submitted to the commissioner 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 commissioner exempts for just cause.
(b) Within thirty days of receiving the well registration, the commissioner shall review the submitted information. During the thirty-day review period, the commissioner 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 commissioner 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 commissioner 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 commissioner 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 commissioner may only fix spacing of the well.
(iii) If more information is requested, the commissioner shall have an additional thirty days after receiving the additional information for review. The commissioner's request for further information may be appealed to the commission to determine the reasonableness of the request. Such determination shall be made within forty-five days from the date of the appeal.
(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 commissioner 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 shall remain in effect until July 1, 2004, or until such time as the commissioner promulgates rules pursuant to this Section or reviews any previously declared critical area.
E. The commissioner 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 commissioner, upon determining that a violation of Chapters 13-A, 13-A-1, 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 Chapters 13-A, 13-A-1, or 13-B of this Title or the rules and regulations made pursuant to Chapters 13-A, 13-A-1, or 13-B of this Title has occurred, the commissioner 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 Chapters 13-A, 13-A-1, or 13-B of this Title, and the commissioner 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 commissioner.
(2) The commissioner is hereby authorized to assess civil penalties for each day of violation of the provisions of Chapters 13-A, 13-A-1, 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 commissioner:
(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 commissioner 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 commissioner 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 commissioner is authorized to require monthly submissions of the reports until he is satisfied with the adequacy and informative nature of the reports.
Acts 2003, No. 49, §2, eff. July 1, 2003; Acts 2005, No. 225, §1, eff. June 29, 2005; Acts 2006, No. 29, §1; Acts 2008, No. 241, §2; Acts 2008, No. 580, §4; Acts 2008, No. 581, §1; Acts 2009, No. 4, §1; Acts 2009, No. 437, §1, eff. Jan. 1, 2010; Acts 2017, No. 425, §1.
NOTE: See Acts 2005, No. 225, §2, relative to pending and previous declarations.
