Current through Register Vol. 50, No. 9, September 20, 2024
A. All new water
wells, pursuant to Subsections B and C of this Section, are required to be
installed by a licensed water-well drilling contractor, pursuant to LAC
46:LXXXIX, and registered through the Department of Transportation and
Development (DOTD) pursuant to LAC 56:Iet seq. within 30 days after
completion.
B. All new water wells
except those types specifically listed in
§701. C and D require a
water well notification form be submitted to the commissioner by the owner of
the well at least 60 days prior to installation.
1. prior to the commencement of any
construction on a new water well, the drilling contractor shall confirm that
the Office of Conservation has received and responded to water well
installation notification as required in Subsection B of this
Section.
C. All new
water wells of the following types require a water well notification form be
submitted to the commissioner by the owner of the well no later than 60 days
after installation:
1. domestic well;
a. At the well owner's discretion, the
notification provided by the water-well drilling contractor pursuant to LAC
56:Iet seq., within 30 days after completion shall fulfill the requirements of
this Section.
2.
replacement well:
a. in order to be
classified as a replacement well, the well must meet the definition of
replacement well provided in
§103 of this Subpart;
3. drilling rig supply well:
a. in order to be classified as a drilling
rig supply well, the well must meet the definition drilling rig supply well
provided in
§103 of this Subpart.
b. At the well owner's discretion, the
notification provided by the water-well drilling contractor pursuant to LAC
56:Iet seq. within 30 days after completion shall fulfill the requirements of
this Section.
4. drought
relief well:
a. use of the drought relief
well type must be approved by the commissioner, pursuant to
R.S.
38:3097.3(C)(9) prior to
installation, and
5. all
other wells the commissioner exempts for just cause:
a. there shall be no just cause exemptions
granted for large volume wells;
b.
the commissioner shall base exemptions on, but not be limited to:
i. proximity to other wells;
ii. beneficial use; or
iii. latest scientific data.
D. The
commissioner may grant certain wells an exception from the notification
requirements of
§701. B for just cause.
There shall be no just cause exceptions granted for large volume wells.
1. Just cause exceptions must be requested in
writing, demonstrate the existence of extenuating circumstances not otherwise
contemplated in this subpart, which justify the granting of such an exception
and show that such an exception will not have an impermissibly negative impact
on the state's ground water resources. Additionally a just cause exception must
be approved by the commissioner based upon the considerations listed in
Paragraph 2.a below.
2. All just
cause exception requests must be submitted prior to drilling, unless this is
made impossible by an event that can neither be reasonably anticipated nor
reasonably controlled.
a. The commissioner
shall base just cause exceptions on, but not be limited to:
i. the completeness of data provided in the
notification submitted;
ii. whether
the proposed well location is in an area of agency restrictions or other
permitting requirements or restrictions;
iii. the proximity of the proposed well
location to any documented ground water related issues; and
iv. the potential interference with nearby
wells that may be caused by the proposed well.
E. If an expected change in well
use or type of either a drought relief well or drilling rig-supply well is to a
use or type that would normally have required an initial notification be
submitted at least 60 days prior to installation pursuant to Subsection B of
this Section, then notice of such a change must be provided to the Office of
Conservation 60 days prior to the date of implementing the change in well use
or type.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
38:3097 et
seq.
