La. Admin. Code tit. 43 § XI-901

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-901 - Governing the Use of Louisiana Water in Coal or Lignite Slurry Pipeline Operations Pursuant to section 723(F) of the Act (Formerly section 137)

A. This regulation shall apply to the requirements placed by Section 723(F) of the Act upon a coal slurry transporter relative to the use of Louisiana water in coal slurry pipeline operations.

B. Any coal slurry transporter desiring to use water from any source in Louisiana in conjunction with the transportation, maintenance or operation of coal slurry pipeline, other than that for drinking, toilet, bath or other personal uses, must file an application with the commissioner and receive the approval of the commissioner.

C. Applications requesting approval for such use of Louisiana water all be made in writing, executed under oath by an individual having authority to execute same and shall contain the following information:

1. description of proposed water supply source;

2. anticipated quantities of water to be used daily and annually;

3. term of use;

4. whether or not the proposed water supply source is being used by other individuals or municipalities;

5. proposed use of water.

D. The commissioner may grant such application after a public hearing held in accordance with §307 of the rules of procedure upon a showing that such use will not be detrimental to the water supply of the area from which the water is sought to be extracted.

E. For purposes of this regulation, the term interested parties, as said term is used in the rules of procedure, shall include all users of the water sought to be extracted and all owners of water rights which could be affected by the approval of the application called for hereunder.

F. Nothing in this Part shall authorize expropriation of water or water rights.

G. In the event the commissioner shall have authorized use of water as provided herein, he shall annually thereafter, and so long as such use continues, review the use of such water in order to determine if such continued use of such water will be detrimental to the water supply of the area from which the water is being extracted. Further, if the local governing body of the parish from which the water is being extracted makes a formal motion to the commissioner suggesting that continued use of such water will be detrimental to the water supply of the area from which the water is being extracted, the commissioner shall immediately call a public hearing in accordance with §307 of the rules of procedure to determine whether such continued use will be detrimental to the water supply of such area.

La. Admin. Code tit. 43, § XI-901

Promulgated by the Department of Natural Resources, Office of Conservation, LR 7:86 (March 1981), LR 12:115 (February 1986), Repromulgated LR 49287 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501-599, 601-606.