HB 1205

HLS 26RS-1108  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 1205
 BY REPRESENTATIVE MARCELLE
 WATER/RESOURCES: Provides for the conservation of aquifer systems
1AN ACT
2 To enact Chapter 12 of Title 38 of the Louisiana Revised Statutes of 1950, to be comprised
3of R.S. 38:2431 through 2466 and to repeal R.S. 38:3087.131, 3087.133, and
43097.8(D), relative to aquifer conservation districts; to establish groundwater
5conservation districts for the Chicot, Southern Hills, and Mississippi Alluvial aquifer
6systems; to establish boards for each commission; to provide for membership of the
7boards and the appointment of members; to provide for hearings; to require
8reporting; to provide for legislative findings; to provide definitions; and to provide
9for related matters.
10 Be it enacted by the Legislature of Louisiana:
11Section 1. Chapter 12 of Title 38 of the Louisiana Revised Statutes of 1950,
12 comprised of R.S. 38:2431 through 2466, is hereby enacted to read as follows:
13CHAPTER 12. AQUIFER CONSERVATION DISTRICTS
14§2431. Legislative findings; purpose
15A. The increasing use of water for municipal, industrial, agricultural,
16recreational, and other purposes is a matter of great public interest and the
17unregulated use of groundwater from the aquifer systems of the state may create
18critical, irreversible problems. The public welfare requires that these vital water
19sources be put to the highest beneficial use.
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1B. The purpose of this Chapter is to establish a commission dedicated to the
2monitoring, protection, and sustainable management of each aquifer system in the
3state in order to provide for the efficient administration, conservation, and orderly
4development of these groundwater resources.
5§2432. Definitions
6Unless the context otherwise requires, the following terms shall have the
7following meanings for purposes of this Chapter:
8(1) "Beneficial purpose" or "beneficial use" means the use of groundwater
9for domestic, municipal, industrial, agricultural, recreational, or therapeutic purposes
10or any other advantageous use.
11(2) "Board" means the board of commissioners of a district.
12(3) "Commissioner" means a member of the board of a district who has been
13commissioned in accordance with this Chapter.
14(4) "District" means a groundwater conservation district.
15(5)   "Groundwater" means water suitable for any beneficial purpose
16percolating below the earth's surface.
17(6 ) "Secretary" means the secretary of the Department of Conservation and
18Energy.
19(7) "User" means any person who produces groundwater in the district in
20excess of fifty thousand gallons for any day during any calendar year from a well or
21wells owned or operated by such person or from a well or wells owned or operated
22solely for the production of water used by such person.
23(8) "Well" or "water well" means any well drilled or constructed for the
24principal purpose of producing groundwater.
25PART I. MISSISSIPPI RIVER ALLUVIAL GROUNDWATER
26CONSERVATION DISTRICT
27§2441. District and board; creation
28A. The Mississippi River Alluvial Groundwater Conservation District is
29hereby established as a political subdivision of the state.
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1B. The district shall be administered by a board of commissioners whose
2members shall be commissioned as provided by this Part.
3§2442. Board of commissioners; membership
4A. The board of commissioners for the district shall consist of thirty voting
5members appointed and commissioned by the governor as follows:
6(1) One member from each of the parishes of Assumption, Avoyelles,
7Caldwell, Catahoula, Concordia, East Carroll, Franklin, Iberia, Iberville, LaSalle,
8Madison, Morehouse, Ouachita, Point Coupee, Richland, St. Landry, St. Martin, St.
9Mary, Tensas, West Baton Rouge, and West Carroll. The governor shall designate
10the term of office for each member appointed pursuant to this Paragraph so that,
11insofar as possible, one-third of the initial members shall serve a one-year term, one-
12third a two-year term, and one-third a three-year term.
13(2) Three members from nominees provided by industrial and agricultural
14user groups in the district commissioned in such manner that the wood products
15industry, agriculture, and other industries are each represented by one member. The
16governor shall designate the term of office for each member appointed pursuant to
17this Paragraph so that one member shall serve a one-year term, one shall serve for
18a two-year term, and one shall serve a three-year term.
19(3) Six members from nominees provided by municipalities within the
20district which have a minimum use of five hundred thousand gallons per day. The
21governor shall designate the term of office for each member commissioned pursuant
22to this Paragraph so that two members shall serve a one-year term, two members
23shall serve a two-year term, and two members shall serve a three-year term.
24B. The initial voting members shall be nominated by the appropriate
25nominating entity or group and presented to the governor on or before September 15,
262026. The members shall be commissioned by the governor on or before October
2715, 2026.
28C. Commissions pursuant to this Section, other than the initial commissions,
29shall be for three-year terms.
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1D. Each commission by the governor shall be submitted to the Senate for
2confirmation.
3E. In addition, the following may serve at their pleasure as ex officio
4nonvoting members of the board and shall not be considered in determining a
5quorum for the purpose of board meetings:
6(1) The secretary of the Department of Environmental Quality or his
7designee.
8(2) The commissioner of agriculture and forestry or his designee.
9(3) A representative of the United States Geological Survey.
10(4) The secretary of the Department of Wildlife and Fisheries or his
11designee.
12(5) The secretary of the Department of Conservation and Energy or his
13designee.
14(6) A representative of the Louisiana Rural Water Association appointed by
15the association.
16(7) A representative of the Louisiana Cattlemen's Association appointed by
17the association.
18(8) A representative of the Louisiana Farm Bureau Federation appointed by
19the federation.
20(9) Each senator whose senatorial district includes any portion of any parish
21included within the district or his designee.
22(10) Each member of the House of Representatives whose representative
23district includes any portion of any parish included within the district or his designee.
24(11) One or more representatives of industrial users of the groundwater
25appointed by the board to serve at its pleasure.
26(12) The secretary of the Louisiana Department of Health.
27(13) One representative from each university located within any portion of
28the district.
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1F.(1) Terms of members commissioned pursuant to Subsection A of this
2Section shall commence for those initially commissioned on October 15, 2026.
3Terms for commissioners subsequently commissioned shall commence on each
4October fifteenth thereafter.
5(2) Notwithstanding the provisions of R.S. 42:2, a commissioner shall not
6continue to discharge the duties of his office upon expiration of his term.
7G.(1) Sixty days prior to the expiration of the term of any voting member,
8the board shall notify the appropriate nominating entity or group entitled to make
9nomination for the member's successor.
10(2) In case a vacancy occurs more than ninety days prior to the end of the
11member's term, the governor shall commission a replacement within thirty days of
12its occurrence to fill the unexpired term, such replacement to be the nominee of the
13appropriate nominating entity or group.
14(3) In case a vacancy occurs ninety or less days prior to the end of the
15member's term, the position shall remain vacant for the remainder of the term.
16H. Commissioners shall not be compensated for their services, except that
17the board may, by regulation, provide for the payment of expenses for travel outside
18the district on official business.
19I. A member of a parish governing authority within the district may serve as
20a commissioner.
21§2443. Meetings; election of officers
22A. On or before November 15, 2026, the board shall meet at the call of the
23governor. At its organizational meeting, the board shall:
24(1) Elect a chairman, vice chairman, secretary, and treasurer.
25(2) Establish its domicile within the district.
26(3) Begin consideration of the study required by R.S. 38:2454.
27B. The board shall meet at least once per quarter and the location of the
28meetings shall rotate between the parishes of Assumption, Avoyelles, Caldwell,
29Catahoula, Concordia, East Carroll, Franklin, Iberia, Iberville, LaSalle, Madison,
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1Morehouse, Ouachita, Point Coupee, Richland, St. Landry, St. Martin, St. Mary,
2Tensas, West Baton Rouge, and West Carroll. Once a meeting has been held in a
3parish, no other board meeting shall be held in that parish until a meeting has been
4held in each of the other parishes. However, the board may hold a meeting in any
5of the aforementioned parishes to address concerns particular to that parish.
6§2444. Powers of the board
7A. The board shall conduct a study and survey of the groundwater resources
8in the district, including but not limited to consideration of what is necessary or
9advisable to conserve groundwater resources and where appropriate, prevent or
10alleviate damaging or potentially damaging drawdowns, land surface subsidence, and
11groundwater quality degradation.
12B. For the purposes of this Section, the board shall hold hearings and may
13do any of the following:
14(1) Cooperate with and enter into contracts or cooperative agreements with
15other governmental units and agencies of this state, with governments and agencies
16of other states and of the United States, and with private agencies or other
17groundwater conservation districts for the achievement of the purposes of this Part.
18(2) Receive and expend funds from any source, public or private, for the
19achievement of the purposes of this Part.
20(3) Hire personnel and retain consultants as shall be reasonably necessary to
21the performance of its functions. Personnel from other agencies shall be used
22wherever practical and possible.
23(4) Advise and consult with the secretary of the Department of Conservation
24and Energy on matters that impact water resources within the board's jurisdiction.
25§2445. Hearings
26A. At hearings conducted by the board, members of the board or members
27of its staff may testify and present exhibits or other evidence.
28B. Notice of hearings by the board shall be given by publication in the
29official journal of each parish within the district.
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1C. When authorized by the board, the chairman of the board may subpoena
2witnesses and require their attendance and testimony before the board. The chairman
3may require the production of any books, papers, or records material to the questions
4lawfully before the board. Subpoenas shall be served by any agent of the board, by
5the sheriff, or by any other officer authorized by law to serve process in this state.
6No person shall be excused from attending and testifying or producing books, papers,
7or records, or from obeying the subpoena of the board or of a court of record on the
8ground that the testimony or evidence required by such person may tend to
9incriminate or subject the person to penalty or forfeiture. Nothing in this Section
10shall be construed as requiring any person to produce books, papers, or records, or
11to testify in response to any inquiry not pertinent to some question lawfully before
12the board or a court for determination. No natural person shall be subject to criminal
13prosecution or to any penalty or forfeiture relative to any testimony or evidence
14required to be provided to the board or a court. However, no person testifying shall
15be exempt from prosecution and punishment for perjury.
16D. In the case of failure or refusal of a person to comply with a subpoena
17issued by the chairman of the board, or in the case of the refusal of a witness to
18testify or answer as to a matter regarding which the person may be lawfully
19interrogated, any district court on application of the board may, in term time or in
20vacation, issue an attachment to compel the person to comply with the subpoena and
21to appear before the board with the requested documents and to give testimony upon
22whatever matters are lawfully required. The court may punish for contempt those
23disobeying its orders as in the case of disobedience of a subpoena issued by the court
24or refusal to testify therein.
25E. The board shall make a record of all hearings which shall be available for
26public inspection at the office of the board during reasonable office hours.
27§2446. Reports regarding groundwater resources
28A. The commission shall provide a report, on or before April first annually,
29regarding the district's groundwater resources to the secretary, the Senate Committee
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1on Natural Resources, and the House Committee on Natural Resources and
2Environment.
3B. The report shall include but not be limited to the following:
4(1) The amount of water used for public supply, industrial purposes, and
5agricultural purposes, respectively.
6(2) Actual and projected saltwater intrusion or encroachment.
7(3) Any current or projected sale of water for use outside of the state,
8including the amount of water so sold and the price paid by each out-of-state user.
9C. For the purposes of this report, the amount of water used for agricultural
10or industrial purposes may be estimated.
11PART II. CHICOT GROUNDWATER CONSERVATION DISTRICT
12§2451. District and board; creation
13A. The Chicot Groundwater Conservation District is hereby established as
14a political subdivision of the state.
15B. The district shall be administered by a board of commissioners whose
16members shall be commissioned as provided by this Part.
17§2452. Board of commissioners; membership
18A. The board of commissioners for the district shall consist of twenty-two
19voting members appointed and commissioned by the governor as follows:
20(1) One member from each of the parishes of Acadia, Allen, Beauregard,
21Calcasieu, Cameron, Evangeline, Iberia, Jefferson Davis, Lafayette, Rapides, St.
22Landry, Vermillion, and Vernon. The governor shall designate the term of office for
23each member appointed pursuant to this Paragraph so that, insofar as possible, one-
24third of the initial members shall serve a one-year term, one-third a two-year term,
25and one-third a three-year term.
26(2) Three members from nominees provided by industrial and agricultural
27user groups in the district commissioned in such manner that the wood products
28industry, agriculture, and other industries are each represented by one member. The
29governor shall designate the term of office for each member appointed pursuant to
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1this Paragraph so that one member shall serve a one-year term, one shall serve for
2a two-year term, and one shall serve a three-year term.
3(3) Six members from nominees provided by municipalities within the
4district which have a minimum use of five hundred thousand gallons per day. The
5governor shall designate the term of office for each member commissioned pursuant
6to this Paragraph so that two members shall serve a one-year term, two members
7shall serve a two-year term, and two members shall serve a three-year term.
8B. The initial voting members shall be nominated by the appropriate
9nominating entity or group and presented to the governor on or before September 15,
102026. The members shall be commissioned by the governor on or before October
1115, 2026.
12C. Commissions pursuant to this Section, other than the initial commissions,
13shall be for three-year terms.
14D. Each commission by the governor shall be submitted to the Senate for
15confirmation.
16E. In addition, the following may serve at their pleasure as ex officio
17nonvoting members of the board and shall not be considered in determining a
18quorum for the purpose of board meetings:
19(1) The secretary of the Department of Environmental Quality or his
20designee.
21(2) The commissioner of agriculture and forestry or his designee.
22(3) A representative of the United States Geological Survey.
23(4) The secretary of the Department of Wildlife and Fisheries or his
24designee.
25(5) The secretary of the Department of Conservation and Energy or his
26designee.
27(6) A representative of the Louisiana Rural Water Association appointed by
28the association.
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1(7) A representative of the Louisiana Cattlemen's Association appointed by
2the association.
3(8) A representative of the Louisiana Farm Bureau Federation appointed by
4the federation.
5(9) Each senator whose senatorial district includes any portion of any parish
6included within the district or his designee.
7(10) Each member of the House of Representatives whose representative
8district includes any portion of any parish included within the district or his designee.
9(11) One or more representatives of industrial users of the groundwater
10appointed by the board to serve at its pleasure.
11(12) The secretary of the Louisiana Department of Health.
12(13) One representative from each university located within any portion of
13the district.
14F.(1) Terms of members commissioned pursuant to Subsection A of this
15Section shall commence for those initially commissioned on October 15, 2026.
16Terms for commissioners subsequently commissioned shall commence on each
17October fifteenth thereafter.
18(2) Notwithstanding the provisions of R.S. 42:2, a commissioner shall not
19continue to discharge the duties of his office upon expiration of his term.
20G.(1) Sixty days prior to the expiration of the term of any voting member,
21the board shall notify the appropriate nominating entity or group entitled to make
22nomination for the member's successor.
23(2) In case a vacancy occurs more than ninety days prior to the end of the
24member's term, the governor shall commission a replacement within thirty days of
25its occurrence to fill the unexpired term, such replacement to be the nominee of the
26appropriate nominating entity or group.
27(3) In case a vacancy occurs ninety or less days prior to the end of the
28member's term, the position shall remain vacant for the remainder of the term.
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1H. Commissioners shall not be compensated for their services, except that
2the board may, by regulation, provide for the payment of expenses for travel outside
3the district on official business.
4I. A member of a parish governing authority within the district may serve as
5a commissioner.
6§2453. Meetings; election of officers
7A. On or before November 15, 2026, the board shall meet at the call of the
8governor. At its organizational meeting, the board shall:
9(1) Elect a chairman, vice chairman, secretary, and treasurer.
10(2) Establish its domicile within the district.
11(3) Begin consideration of the study required by R.S. 38:2464.
12B. The board shall meet at least once per quarter and the location of the
13meetings shall rotate between the parishes of Acadia, Allen, Beauregard, Calcasieu,
14Cameron, Evangeline, Iberia, Jefferson Davis, Lafayette, Rapides, St. Landry,
15Vermillion, and Vernon. Once a meeting has been held in a parish, no other board
16meeting shall be held in that parish until a meeting has been held in each of the other
17parishes. However, the board may hold a meeting in any of the aforementioned
18parishes to address concerns particular to that parish.
19§2454. Powers of the board
20A. The board shall conduct a study and survey of the groundwater resources
21in the district, including but not limited to consideration of what is necessary or
22advisable to conserve groundwater resources and where appropriate, prevent or
23alleviate damaging or potentially damaging drawdowns, land surface subsidence, and
24groundwater quality degradation.
25B. For the purposes of this Section, the board shall hold hearings and may
26do any of the following:
27(1) Cooperate with and enter into contracts or cooperative agreements with
28other governmental units and agencies of this state, with governments and agencies
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1of other states and of the United States, and with private agencies or other
2groundwater conservation districts for the achievement of the purposes of this Part.
3(2) Receive and expend funds from any source, public or private, for the
4achievement of the purposes of this Part.
5(3) Hire personnel and retain consultants as shall be reasonably necessary to
6the performance of its functions. Personnel from other agencies shall be used
7wherever practical and possible.
8(4) Advise and consult with the secretary of the Department of Conservation
9and Energy on matters that impact water resources within the board's jurisdiction.
10§2455. Hearings
11A. At hearings conducted by the board, members of the board or members
12of its staff may testify and present exhibits or other evidence.
13B. Notice of hearings by the board shall be given by publication in the
14official journal of each parish within the district.
15C. When authorized by the board, the chairman of the board may subpoena
16witnesses and require their attendance and testimony before the board. The chairman
17may require the production of any books, papers, or records material to the questions
18lawfully before the board. Subpoenas shall be served by any agent of the board, by
19the sheriff, or by any other officer authorized by law to serve process in this state.
20No person shall be excused from attending and testifying or producing books, papers,
21or records, or from obeying the subpoena of the board or of a court of record on the
22ground that the testimony or evidence required by such person may tend to
23incriminate or subject the person to penalty or forfeiture. Nothing in this Section
24shall be construed as requiring any person to produce books, papers, or records, or
25to testify in response to any inquiry not pertinent to some question lawfully before
26the board or a court for determination. No natural person shall be subject to criminal
27prosecution or to any penalty or forfeiture relative to any testimony or evidence
28required to be provided to the board or a court. However, no person testifying shall
29be exempt from prosecution and punishment for perjury.
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1D. In the case of failure or refusal of a person to comply with a subpoena
2issued by the chairman of the board, or in the case of the refusal of a witness to
3testify or answer as to a matter regarding which the person may be lawfully
4interrogated, any district court on application of the board may, in term time or in
5vacation, issue an attachment to compel the person to comply with the subpoena and
6to appear before the board with the requested documents and to give testimony upon
7whatever matters are lawfully required. The court may punish for contempt those
8disobeying its orders as in the case of disobedience of a subpoena issued by the court
9or refusal to testify therein.
10E. The board shall make a record of all hearings which shall be available for
11public inspection at the office of the board during reasonable office hours.
12§2456. Reports regarding groundwater resources
13A. The commission shall provide a report, on or before April first annually,
14regarding the district's groundwater resources to the secretary, the Senate Committee
15on Natural Resources, and the House Committee on Natural Resources and
16Environment.
17B. The report shall include but not be limited to the following:
18(1) The amount of water used for public supply, industrial purposes, and
19agricultural purposes, respectively.
20(2) Actual and projected saltwater intrusion or encroachment.
21(3) Any current or projected sale of water for use outside of the state,
22including the amount of water so sold and the price paid by each out-of-state user.
23C. For the purposes of this report, the amount of water used for agricultural
24or industrial purposes may be estimated.
25PART III. SOUTHERN HILLS GROUNDWATER
26CONSERVATION DISTRICT
27§2461. District and board; creation
28A.    The Southern Hills Groundwater Conservation District is hereby
29established as a political subdivision of the state.
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1B. The district shall be administered by a board of commissioners whose
2members shall be commissioned as provided by this Part.
3§2462. Board of commissioners; membership
4A. The board of commissioners for the district shall consist of twenty-four
5voting members appointed and commissioned by the governor as follows:
6(1) One member from each of the parishes of Ascension, East Baton Rouge,
7East Feliciana, Jefferson, Lafourche, Livingston, Orleans, St. Charles, St. Helena, St.
8James, St. John the Baptist, St. Tammany, Tangipahoa, Washington, and West
9Feliciana. The governor shall designate the term of office for each member
10appointed pursuant to this Paragraph so that, insofar as possible, one-third of the
11initial members shall serve a one-year term, one-third a two-year term, and one-third
12a three-year term.
13(2) Three members from nominees provided by industrial and agricultural
14user groups in the district commissioned in such manner that the wood products
15industry, agriculture, and other industries are each represented by one member. The
16governor shall designate the term of office for each member appointed pursuant to
17this Paragraph so that one member shall serve a one-year term, one shall serve for
18a two-year term, and one shall serve a three-year term.
19(3) Six members from nominees provided by municipalities within the
20district which have a minimum use of five hundred thousand gallons per day. The
21governor shall designate the term of office for each member commissioned pursuant
22to this Paragraph so that two members shall serve a one-year term, two members
23shall serve a two-year term, and two members shall serve a three-year term.
24B. The initial voting members shall be nominated by the appropriate
25nominating entity or group and presented to the governor on or before September 15,
262026. The members shall be commissioned by the governor on or before October
2715, 2026.
28C. Commissions pursuant to this Section, other than the initial commissions,
29shall be for three-year terms.
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1D. Each commission by the governor shall be submitted to the Senate for
2confirmation.
3E. In addition, the following may serve at their pleasure as ex officio
4nonvoting members of the board and shall not be considered in determining a
5quorum for the purpose of board meetings:
6(1) The secretary of the Department of Environmental Quality or his
7designee.
8(2) The commissioner of agriculture and forestry or his designee.
9(3) A representative of the United States Geological Survey.
10(4) The secretary of the Department of Wildlife and Fisheries or his
11designee.
12(5) The secretary of the Department of Conservation and Energy or his
13designee.
14(6) A representative of the Louisiana Rural Water Association appointed by
15the association.
16(7) A representative of the Louisiana Cattlemen's Association appointed by
17the association.
18(8) A representative of the Louisiana Farm Bureau Federation appointed by
19the federation.
20(9) Each senator whose senatorial district includes any portion of any parish
21included within the district or his designee.
22(10) Each member of the House of Representatives whose representative
23district includes any portion of any parish included within the district or his designee.
24(11) One or more representatives of industrial users of the groundwater
25appointed by the board to serve at its pleasure.
26(12) The secretary of the Louisiana Department of Health.
27(13) One representative from each university located within any portion of
28the district.
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1F.(1) Terms of members commissioned pursuant to Subsection A of this
2Section shall commence for those initially commissioned on October 15, 2026.
3Terms for commissioners subsequently commissioned shall commence on each
4October fifteenth thereafter.
5(2) Notwithstanding the provisions of R.S. 42:2, a commissioner shall not
6continue to discharge the duties of his office upon expiration of his term.
7G.(1) Sixty days prior to the expiration of the term of any voting member,
8the board shall notify the appropriate nominating entity or group entitled to make
9nomination for the member's successor.
10(2) In case a vacancy occurs more than ninety days prior to the end of the
11member's term, the governor shall commission a replacement within thirty days of
12its occurrence to fill the unexpired term, such replacement to be the nominee of the
13appropriate nominating entity or group.
14(3) In case a vacancy occurs ninety or less days prior to the end of the
15member's term, the position shall remain vacant for the remainder of the term.
16H. Commissioners shall not be compensated for their services, except that
17the board may, by regulation, provide for the payment of expenses for travel outside
18the district on official business.
19I. A member of a parish governing authority within the district may serve as
20a commissioner.
21§2463. Meetings; election of officers
22A. On or before November 15, 2026, the board shall meet at the call of the
23governor. At its organizational meeting, the board shall:
24(1) Elect a chairman, vice chairman, secretary, and treasurer.
25(2) Establish its domicile within the district.
26(3) Begin consideration of the study required by R.S. 38:2474.
27B. The board shall meet at least once per quarter and the location of the
28meetings shall rotate between the parishes of Ascension, East Baton Rouge, East
29Feliciana, Jefferson, Lafourche, Livingston, Orleans, St. Charles, St. Helena, St.
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1James, St. John the Baptist, St. Tammany, Tangipahoa, Washington, and West
2Feliciana. Once a meeting has been held in a parish, no other board meeting shall
3be held in that parish until a meeting has been held in each of the other parishes.
4However, the board may hold a meeting in any of the aforementioned parishes to
5address concerns particular to that parish.
6§2464. Powers of the board
7A. The board shall conduct a study and survey of the groundwater resources
8in the district, including but not limited to consideration of what is necessary or
9advisable to conserve groundwater resources and where appropriate, prevent or
10alleviate damaging or potentially damaging drawdowns, land surface subsidence, and
11groundwater quality degradation.
12B. For the purposes of this Section, the board shall hold hearings and may
13do any of the following:
14(1) Cooperate with and enter into contracts or cooperative agreements with
15other governmental units and agencies of this state, with governments and agencies
16of other states and of the United States, and with private agencies or other
17groundwater conservation districts for the achievement of the purposes of this Part.
18(2) Receive and expend funds from any source, public or private, for the
19achievement of the purposes of this Part.
20(3) Hire personnel and retain consultants as shall be reasonably necessary to
21the performance of its functions. Personnel from other agencies shall be used
22wherever practical and possible.
23(4) Advise and consult with the secretary of the Department of Conservation
24and Energy on matters that impact water resources within the board's jurisdiction.
25§2465. Hearings
26A. At hearings conducted by the board, members of the board or members
27of its staff may testify and present exhibits or other evidence.
28B. Notice of hearings by the board shall be given by publication in the
29official journal of each parish within the district.
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1C. When authorized by the board, the chairman of the board may subpoena
2witnesses and require their attendance and testimony before the board. The chairman
3may require the production of any books, papers, or records material to the questions
4lawfully before the board. Subpoenas shall be served by any agent of the board, by
5the sheriff, or by any other officer authorized by law to serve process in this state.
6No person shall be excused from attending and testifying or producing books, papers,
7or records, or from obeying the subpoena of the board or of a court of record on the
8ground that the testimony or evidence required by such person may tend to
9incriminate or subject the person to penalty or forfeiture. Nothing in this Section
10shall be construed as requiring any person to produce books, papers, or records, or
11to testify in response to any inquiry not pertinent to some question lawfully before
12the board or a court for determination. No natural person shall be subject to criminal
13prosecution or to any penalty or forfeiture relative to any testimony or evidence
14required to be provided to the board or a court. However, no person testifying shall
15be exempt from prosecution and punishment for perjury.
16D. In the case of failure or refusal of a person to comply with a subpoena
17issued by the chairman of the board, or in the case of the refusal of a witness to
18testify or answer as to a matter regarding which the person may be lawfully
19interrogated, any district court on application of the board may, in term time or in
20vacation, issue an attachment to compel the person to comply with the subpoena and
21to appear before the board with the requested documents and to give testimony upon
22whatever matters are lawfully required. The court may punish for contempt those
23disobeying its orders as in the case of disobedience of a subpoena issued by the court
24or refusal to testify therein.
25E. The board shall make a record of all hearings which shall be available for
26public inspection at the office of the board during reasonable office hours.
27§2466. Reports regarding groundwater resources
28A. The commission shall provide a report, on or before April first annually,
29regarding the district's groundwater resources to the secretary, the Senate Committee
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1on Natural Resources, and the House Committee on Natural Resources and
2Environment.
3B. The report shall include but not be limited to the following:
4(1) The amount of water used for public supply, industrial purposes, and
5agricultural purposes, respectively.
6(2) Actual and projected saltwater intrusion or encroachment.
7(3) Any current or projected sale of water for use outside of the state,
8including the amount of water so sold and the price paid by each out-of-state user.
9C. For the purposes of this report, the amount of water used for agricultural
10or industrial purposes may be estimated.
11Section 2. The Louisiana State Law Institute is hereby directed to redesignate the
12 following as Part IV of Chapter 12 of Title 38 of the Louisiana Revised Statutes, comprised
13 of R.S. 38:2471 through 2476:
14(1) Redesignate R.S. 38:3087.132 as R.S. 38:2471.
15(2) Redesignate R.S. 38:3087.134 as R.S. 38:2472.
16(3) Redesignate R.S. 38:3087.135 as R.S. 38:2473.
17(4) Redesignate R.S. 38:3087.136 as R.S. 38:2474.
18(5) Redesignate R.S. 38:3087.137 as R.S. 38:2475.
19(6) Redesignate R.S. 38:3087.138 as R.S. 38:2476.
20Section 3. R.S. 38:3087.131, 3087.133, and 3097.8(D) are hereby repealed in their
21 entirety.
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HB 1205 Original  2026 Regular Session  Marcelle
 Abstract: Creates groundwater conservation districts for the Chicot, Mississippi Alluvial,
  and Southern Hills aquifers and provides for their boards, membership of the boards;
  appointment of members and hearings and reporting of the boards.
 Present law establishes a Sparta groundwater conservation district and a board that governs
 the district. Present law further provides for membership of the board, appointment of board
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members and their terms of service, hearings of the board, and reporting the board is
required to perform.
Proposed law retains present law.
Proposed law establishes the same type of district in present law for three additional aquifers
systems in the state, including the Chicot, Mississippi River Alluvial, and Southern Hills
aquifer systems.
Proposed law provides that for each of the districts, the following representatives may serve
as ex-officio members of the board:
(1)    The secretary of the Department of Environmental Quality or his designee.
(2)    The commissioner of agriculture and forestry or his designee.
(3)    A representative of the United States Geological Survey.
(4)    The secretary of the Department of Wildlife and Fisheries or his designee.
(5)    The secretary of the Department of Conservation and Energy or his designee.
(6)    A representative of the Louisiana Rural Water Association appointed by the
   association.
(7)    A representative of the Louisiana Cattlemen's Association appointed by the
   association.
(8)    A representative of the Louisiana Farm Bureau Federation appointed by the
   federation.
(9)    Each senator whose senatorial district includes any portion of any parish included
   within the district or his designee.
(10)   Each member of the House of Representatives whose representative district includes
   any portion of any parish included within the district or his designee.
(11)   One or more representatives of industrial users of the groundwater appointed by the
   board to serve at its pleasure.
(12)   The secretary of the Louisiana Department of Health.
(13)   One representative from each university located within any portion of the district.
Proposed law further provides for procedural requirements for the election of officers and
for the frequency and location of board meetings for each of the districts created under
proposed law.
Proposed law establishes the powers of each of boards created under proposed law, including
the study of groundwater resources and consideration of what is necessary or advisable for
conservation of the groundwater resources.
Proposed law provides for board hearings, actions that may be taken at board hearings, and
notice of hearings for each board created under proposed law.
Proposed law authorizes the chairman of each board to subpoena witnesses and documents
and provides procedures related to the issuance of subpoenas for each board created by
proposed law.
Proposed law requires each board of commissioners to annually report to the house and
senate natural resources committee regarding at least the following:
(1)    The amount of water used for public supply, industrial purposes, and agricultural
   purposes, respectively.
(2)    Actual and projected saltwater intrusion or encroachment.
(3)    Any current or projected sale of water for use outside of the state, including the
   amount of water so sold and the price paid by each out-of-state user.
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Proposed law provides that for each of the districts created in proposed law, the governor is
to appoint the members of each board by Oct. 15, 2026, and requires Senate confirmation
of each member.
Proposed law provides that the terms of service for each commissioner appointed to the
board is three years and further provides for procedures when there is a vacancy on the
board.
Proposed law provides that members of parish governing authorities may serve as
commissioners on district boards.
Proposed law establishes the Mississippi River Alluvial Groundwater Conservation district
and a board to govern the district. Further provides that the membership of the board
includes representative from the following:
(1)    Assumption Parish.
(2)    Avoyelles Parish.
(3)    Caldwell Parish.
(4)    Catahoula Parish.
(5)    Concordia Parish.
(6)    East Carroll Parish.
(7)    Franklin Parish.
(8)    Iberia Parish.
(9)    Iberville Parish.
(10)   LaSalle Parish.
(11)   Madison Parish.
(12)   Morehouse Parish.
(13)   Ouachita Parish.
(14)   Point Coupee Parish.
(15)   Richland Parish.
(16)   St. Landry Parish.
(17)   St. Martin Parish.
(18)   St. Mary Parish.
(19)   Tensas Parish.
(20)   West Baton Rouge Parish.
(21)   West Carroll Parish.
(22)   Three members to represent industrial and agricultural users within the district.
(23)   Six members to represent municipalities within the district that use at least 500,000
   gallons per day.
Proposed law establishes the Chicot Groundwater Conservation district and a board to
govern the district. Further provides that the membership of the board includes
representative from the following:
(1)    Acadia Parish.
(2)    Allen Parish.
(3)    Beauregard Parish.
(4)    Calcasieu Parish.
(5)    Cameron Parish.
(6)    Evangeline Parish.
(7)    Iberia Parish.
(8)    Jefferson Davis Parish.
(9)    Lafayette Parish.
(10)   Rapides Parish.
(11)   St. Landry Parish.
(12)   Vermillion Parish.
(13)   Vernon Parish.
(14)   Three members to represent industrial and agricultural users within the district.
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(15)   Six members to represent municipalities within the district that use at least 500,000
   gallons per day.
Proposed law establishes the Southern Hills Groundwater Conservation district and a board
to govern the district. Further provides that the membership of the board includes
representative from the following:
(1)    Ascension Parish.
(2)    East Baton Rouge Parish.
(3)    East Feliciana Parish.
(4)    Jefferson Parish.
(5)    Lafourche Parish.
(6)    Livingston Parish.
(7)    Orleans Parish.
(8)    St. Charles Parish.
(9)    St. Helena Parish.
(10)   St. James Parish.
(11)   St. John the Baptist Parish.
(12)   St. Tammany Parish.
(13)   Tangipahoa Parish.
(14)   Washington Parish.
(15)   West Feliciana Parish.
(14)   Three members to represent industrial and agricultural users within the district.
(15)   Six members to represent municipalities within the district that use at least 500,000
   gallons per day.
(Adds R.S. 38:2431-2466; Repeals R.S. 38:3087.131, 3087.133, and 3097.8(D))
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