Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part VI - Water Resources Management
Subpart 1 - Ground Water Management
Chapter 3 - Area of Ground Water Concern Application Procedure
Section VI-305 - Application Content
Universal Citation: LA Admin Code VI-305
Current through Register Vol. 50, No. 9, September 20, 2024
A. An application for an area of ground water concern designation or for the removal or a modification of an area of ground water concern designation shall be filed with the commissioner of conservation at the above address no sooner than 30 days and no later than 60 days after publication of the notice of intent. Five copies of the application shall be filed, and must include:
1. the name, address, telephone number, and
signature of the applicant;
2. a
statement identifying the applicant's interest which is or may be affected by
the subject matter of the application;
3. identification of the source of ground
water (aquifer) to which the application applies;
4. identification of the proposed area of
ground water concern or area proposed to be modified or removed from an area of
ground water concern designation, including but not limited to:
a. its location [section(s), township(s),
range(s) and parish(es)];
b. a map
clearly identifying the boundaries of the subject area of the application, such
as but not limited to:
i. U.S. Geological
Survey topographic map(s) of appropriate scale (1:24,000, 1:62,500, 1:100,000);
or
ii. LA-DOTD Louisiana parish
map(s) outlining the perimeter of the area; or
iii. a digital map submitted in vector and/or
raster formats, including the supporting metadata;
5. statement of facts and evidence
supporting one of the following claims:
a.
that taking no action would likely negatively impact ground water resources in
the aquifer, if the application is pursuant to
§307 A;
b. that alleviation of stress to the aquifer
has occurred; if the application is pursuant to
§307 B;
6. the applicant may also submit a proposal
to preserve and manage the ground water resources in the area of ground water
concern; and
7. the proof of
publication of notice of intent to apply to the commissioner.
B. Direct Action by the Commissioner for Critical Ground Water Area Hearing
1. The commissioner may initiate a hearing to
consider action with respect to a specific ground water area.
2. The commissioner shall notify the public
pursuant to
§303 and
§501. A prior to issuing
an order.
3. The information
presented by the commissioner at the hearing shall include but not be limited
to information pursuant to
§305. A and
§307
C. Application for Groundwater Emergency Hearing
1.
Notwithstanding the provisions of Subsections A and B hereof, the commissioner
may initiate action in response to an application of an interested party or
upon the commissioner's own motion in response to a ground water emergency
other than those emergencies related to drought conditions requiring the
temporary use of drought relief wells.
2. Subsequent to adoption of a proposed
emergency order that shall include designation of an area of ground water
concern and/or adoption of an emergency management plan for an affected
aquifer, the commissioner shall promptly schedule a public hearing pursuant to
§501 B
AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3099 et seq.
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