§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.
Added by Acts 2003, No. 49, §2, eff. July 1, 2003; Acts 2005, No. 225, §1, eff.
June 29, 2005; Acts 2008, No. 580, §1, eff. August 15, 2008; Acts 2025, No. 458, §5, eff.
October 1, 2025.