RAPID/Roadmap/19-LA-a
Louisiana Water Access and Water Rights (19-LA-a)
If a developer intends to purchase water from the state, they will do so through the Louisiana Department of Natural Resources (LDNR) via a Louisiana – Application for Surface Water Use or a Louisiana -Water Well Registration Long Form if the project requires accessing groundwater.
If a developer wants to obtain water from a running surface source, the state is able to enter into cooperate endeavor agreements that allow the sale of surface water at a fair market value to the state. La. Stat. Ann § 30:961(B)
If a developer wants to obtain water from a groundwater source, they must do so using a Louisiana -Water Well Registration Long Form. La. Admin. Code. tit. 56, Pt 1, § 117(I);5. The Office of Conservation within the Louisiana Department of Natural Resources has the authority to designate areas of critical groundwater concern, in which additional restrictions on withdrawals may be imposed. La. Stat. Ann. § 38:3099.1 Louisiana has designated three areas of ground water concern:
- Monroe-West Monroe
- Ruston Area
- Jonesboro-Hodge
Water Access and Water Rights Process
19-LA-a.1-Calculate Project Need
The developer will need to contact a water engineer/consultant to calculate the amount of water the project (e.g. exploration, drilling, construction, etc.) will require.
19-LA.a.2 to 19-LA-a.5-Locate Appropriate Source of Water Supply
The developer with the assistance of the water engineer/consultant must locate an appropriate source of water supply based on the project’s water needs. The process for obtaining water rights varies depending on the source.
The developer may need to negotiate with private third party supplier in order to fulfill the project's water needs or apply to the state for surface water use
19-LA-a.6-Application for Surface Water Use
A developer may submit a Louisiana – Application for Surface Water Use to the Louisiana – Department of Natural Resources and Energy. The application should include:
- Applicant information;
- Identify the legal name and address of Applicant;
- If applicable, provide;
- Plan of Water Use;
- Name for the Water Resource from which the withdrawal is proposed;
- Describe in detail how entering into this proposed Louisiana Running Surface Water Use Cooperate Agreement for withdrawal from the named Water Resources would be in the public interest;
- Describe the proposed end use of the withdrawn water;
- Identify the end user and any intermediate transferees of the water withdrawn;
- Provide each transferee's agent contact information;
- Provide specific details about the amount of water that is proposed to be withdrawn;
- For each proposed withdrawal point meet requirements as stated in permit;
- Identify and attach copies of all other relevant documents;
- Describe in detail how the plan for withdrawal addresses minimizing and mitigating adverse impacts to the water body from which the proposed withdraw is to be made;
- The Plan shall demonstrate to the Agency that it will protect the resource and it will maintain sustainability and ecological balance by considering the factors laid out in the application;
- The plan shall include provision for the notification of an upcoming surface water withdrawal event. In addition, the plan shall include event reporting including withdrawal timing, volume and monitoring results;
- The Plan shall contain a professional attestation from a professional who has competence in hydrology.
Louisiana – Application for Surface Water Use
19-LA-a.7 to 19-LA-a.8- Review Application for Completeness
The Louisiana Department of Natural Resources shall review the application for technical and administrative completeness.
19-LA-a.9 to 19-LA-a.10- Review Application for Approval
The Louisiana Department of Energy and Natural Resources shall review the Application for approval.
19-LA-a.11 - Surface Water Use Permit
The Louisiana Department of Natural Resources may issue or deny the application upon review.
19-LA-a.12- Well Water Registration Application
A developer may submit a Louisiana -Water Well Registration Long Form to the Louisiana Department of Natural Resources. The registration will include:
- Use of well information;
- Well owner information;
- Water well notification information;
- Well information;
- Additional Available Information;
- Casing and Screen information;
- Location of Well;
- Abandonment information;
- Drillers log;
- Water level and yield information.
Louisiana -Water Well Registration Long Form
A water well must be constructed in accordance with Louisiana – La. Admin. Code tit. 56, Pt 1, §§ 301-335, Water Well Construction.
19-LA-a.13 to 19-LA-a.14- Review Application for Completeness
The Louisiana Department of Natural Resources shall review the water well registration for technical and administrative completeness.
19-LA-a.15 to 19-LA-a.16- Review Application for Approval
The Louisiana Department of Natural Resources shall review the water well registration for approval.
19-LA-a.17- Well Water Registration
The Louisiana Department of Natural Resources may issue or deny the water well registration upon review.
19-LA-a.18-Appeal (Optional)
A developer may appeal a denied surface water or groundwater permit.
Contact Information
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Regulations
- Louisiana – La. Admin. Code tit. 56, Pt 1, §§ 301-335, Water Well Construction
- Louisiana – La. Stat. Ann. §§ 9:1104, Riparian owners
- Louisiana – La. Civ. Code Ann. art. 450, Public things
- Louisiana – La. Admin. Code. tit. 56, Pt 1, §§ 101-119, Registering Water Wells
- Louisiana – La. Stat. Ann. §§ 38:1- 38:3384, Public Contracts, Works and Improvements
- Louisiana – La. Stat. Ann. §§ 30 – 30:2588, Minerals, Oil, and Gas and Environmental Quality
- Louisiana – La. Admin. Code. tit. 56, Pt 1, §§ 101-119, Registering Water Wells
References