La. Admin. Code tit. 43 § VI-701

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-701 - Applicability

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.

La. Admin. Code tit. 43, § VI-701

Promulgated by the Department of Natural Resources, Office of Conservation, LR 30:1215 (June 2004), amended LR 35:252 (February 2009), LR 37:2410 (August 2011), LR 38:2932 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3097 et seq.