LITTLE TANGIBLE PROGRESS IN LOUISIANA
TO SAVE THE SPARTA
AFTER MORE THAN 30 YEARS OF PUBLIC EFFORT

 

Arkansas has made progress towards saving the Sparta in recent years. But for more than 30 years, despite much work by the USGS, La Tech University, and public-minded citizens, little tangible progress has been made in Louisiana. Recent history sheds light on Louisiana's delay and also some promising developments. The history presented here starts with the most recent event and records backward in time to 1999, when the Sparta Commission was created.

For brevity, only a few Sparta Commission meetings are reported here. However, with few exceptions, the Sparta Commission has met monthly since August 19. The website http://spartaaquifer.com contains a link to official records of the Sparta Commission, maintained as pdf files at the LaTech library.

2007 SPARTA MEETING: July 12, 2007

Rep. Downs: 1) La. legislature increased LSU AgCenter funding. LSU AgCenter Allen Nipper (in attendance) outlined Sparta Education Promotion and described development of an AgCenter-funded, North Central La. staff position dedicated largely to Sparta issues. [Copies of Dr. Nipper's report can be found under July 12, 2007 records at LaTech's Sparta website]

2) Strides have been made by water systems in volunteer conservation and leak reduction, with Dubach earning state honors.

3) The legislature voted to help fund a reservoir to take La Tech off the Sparta.\

4) Rep. Fannin secured funds for a study of a possible reservoir near Stone Container designed to reduce the industry's Sparta use.

5) Commissioners are advised to meet in work sessions with small groups of legislators to hash out requests for funding and to provide greater detail than has been provided in the past.

Reps. Gallot and Walsworth: 1) La. Legislature HB 944 (Gallot and Walsworth chief authors) provides for a state sales and use tax exemption for certain water conservation equipment in the Sparta District; - will impact approx. 55 industrial users; Sparta Commission to determine equipment that qualifies (must document that equipment reduces water consumption by 25%), then to Sec. of DNR and Rev. Dept.; aggregate total exemptions: $1million; 3 year program.

2) Both regretted failure to secure funds for the Sparta District. They recommended the Commis-sion be more specific in requesting funds, meet with gubernatorial candidates, and offer regional funds (including contributions from each parish, totaling e.g. $25,000) to match state funds.

Rep. Doerge: reported that continuing Sparta aquifer work is needed. Wells are going dry, at great public expense and inconvenience, even in Webster Parish, which is in the recharge area.

Tony Duplechin, DNR Office of Conservation Ground Water Resources Div. (GWRD): 1) GWRD appreciates incentives legislation and is working on implementation;

2) HCR No. 79, Rep.Farrar chief sponsor, requests the commissioner of conservation to request ('require' was rejected as inconsistent with other legislation) public water systems to conduct periodic water loss audits. The La. Water Association will follow up.

3) Answers to questions (e.g. GWRD does not know number of wells metered and non-metered) led to discussion of need for more teeth in laws and a possible fee to help reform, e.g., Webster's 35 Sparta-using water systems.

Ben Magee: USGS continues to monitor Sparta water level and water quality; will soon issue an update of all data, including of 23 recently sampled wells; resampling is due in Sep.; Louisiana's Sparta continues to decline a fraction of a foot to four feet per year, except near the Ark. line.

Sparta Commission corrected a resolution of the June 14, replacing the word 'CRITICAL' with the technically correct phrase 'areas of groundwater concern.' Remarks were made to the effect that 'CRITICAL' is the more important word.

Trailblazer was awarded a NRCS RC&D grant of $18,500 to \softline augment a $7000 Entergy grant to be used for Sparta Aquifer education and conservation. A report will be made on the new program at a later meeting. [Public Relations/Education Committee]

Sparta Commission adopted as its goal for the coming year: to establish dependable, consistent funding for a program similar to that of specific other aquifer conservation programs; the Commission adopted the goal. [Long Term Planning Committee]

Mr. Laborde of Continental Drilling notified the Commission that the company, working with Martin Gas, proposes to drill wells to use several million gallons a day of Sparta water for approximately 11 months to prepare Arcadia area salt domes for storage of natural gas. Ben Magee and Tony Duplechin reported that they were in consultation with each other and Mr. Laborde on this matter. They are gathering information. They stated that the company will need to work with Mr. Magee to demonstrate that the proposed new water use will not have a detrimental effect on current use. At this point in their knowledge, they believe that at least some part of the proposed project might be allowable, if there is assurance it can be conducted properly. The GWRD implements orders of the Commissioner of Conservation, who controls permitting. Rick Hohlt, Ruston Leader, expressed concern that a precedent would be established that might be hard to stop. Legislators Hollis Downs and Michael Walsworth urged moving slowly in this matter, making no decisions until the matter is given more thought and study.

Sparta Commission adopted a resolution requesting the Governor to sign HB944, discussed earlier. [Leslative Liaison Committee]

Barry Royals, with Waggoner Engineers, reported on the Lake D'Arbonne study, which is designed to evaluate the potential quality and quantity of water available for treatment to potable water standards. La Tech's Dr. Dixie Griffin is participating in the study. Preliminary observations: no herbicides and pesticides have been detected on a long list of chemicals; phosphorous and nitrogen compounds, excessive levels of which can seriously lower oxygen levels in a lake, impairing important forms aquatic life, are in Lake D'Arbonne at acceptable, even desirable, levels.

A citizen objected to an earlier decision to avoid the word 'critical,' noting that use of this word spurred Arkansas to action. It was explained that this was a legislative decision.

2006 SPARTA MEETING: August 29, 2006

1) Ben Magee's report (USGS): Well water levels in far north Lousiana Sparta region reflect progress made in Arkansas; well water levels throughout reemainder of Louisiana Sparta continue to decline. Lack of funding had prohibited studies to monitor salt water intrusion.

2) Sparta Commissioners will be contacting their parishes and towns to contribute to the Sparta Commission so that USGS monitoring of salt levels in Sparta wells .can continue.

3) Representative Fannin, District 13, asked for help from every one present in writing letters to the Governor requesting support in the issues surrounding the Sparta especially in one-time monies that could be used for upgrading rural water systems and purchasing meters for measuring water.

4) Representative Fannin also discussed concern for a disposal well that was proposed for drilling in Bienville parish. Representative Jean Doerge, District 10, and a Webster Watershed District commissioner spoke oF their frustrations with the same disposal well permits, coming from out of the area in spite of protests from virtually every segment of the Webster population. . The Sparta Commission will investigate this concern and take it up at the next meeting.

5) Tony Duplechin, Director, Ground Water Resources Division, Office of Conservation, reported his work acting upon recent orders issued by the Commissioner of Conservation:

6) Three projects were discussed, addressing the three areas that have been designated areas of groundwater concern:

7) LSU AgCenter representative presented details of the AgCenter's water resources public education campaign

8) Public Comment: Rick Holtz with the Ruston Daily Leader urged the Sparta Commission to seek authority. Currently, it has only advisory powers, whereas another such Commission, in Baton Rouge, has authority to protect the area.

 

2006 LOUISIANA GROUND WATER LEGISLATION RELATIVE TO THE SPARTA AQUIFER

ACT No. 29 [HOUSE BILL NO. 368 BY REPRESENTATIVE DAMICO]
An Act: To amend and reenact R.S. 38:3097.3(C)(4)(b)(i) and (ii), relative to ground water management; to provide for critical areas of ground water concern; to provide for the powers and duties of the commissioner of conservation; and to provide for related matters. Be it enacted by the Legislature of Louisiana:Section 1. R.S. 38:3097.3(C)(4)(b)(i) and (ii) are hereby amended and reenacted to read as follows:
3097.3. Commissioner of conservation; powers and duties
C. The commissioner has authority to make, after notice and public hearings in accordance with the Administrative Procedure Act, any reasonable rules, regulations, and orders that are necessary from time to time in the proper administration and enforcement of this Chapter, including rules, regulations, or orders for the following purposes 16 * * * 17(4) 18 * * *
(b) Within thirty days of receiving the well registration, the commissioner shall review the submitted information. During the thirty-day review period, the commissioner may either issue an order to the owner placing restrictions on the well or requesting further reasonable information on the well or may take no action. Prior to any order placing a restriction on a well, the commissioner shall determine, on the basis of good management practices and sound science, that such action is necessary to prevent adverse impacts to the sustainability of the aquifer from which the proposed well is to produce. An order placing restrictions on spacing may also be issued to avoid direct adverse impacts to existing wells. Restrictions and requests for information shall be subject to the following:
For large volume wells or wells within a critical ground water area of ground water concern, the commissioner may issue to the owner of such well an order fixing allowable production, spacing, and metering \softline necessary to properly manage the state's ground water resources consistent with R.S. 38:3097.6(B)(3)}
Before issuing any order placing restrictions on a well outside a critical ground water area of ground water concern, the commissioner shall consider a well owner's efforts to develop alternate water sources. For all other wells located outside a critical ground water area of ground water concern, an order issued by the commissioner may only fix spacing of the well. Regular Session, 2006
[This act makes language consistent. Existing legislation made distinction between "area of groundwater concern" (area that Commissioner of Conservation may declare critical if he considers regulation necessary for its protection) and "critical area of groundwater concern" (area subject to regulation.]

ACT No. 30 [HOUSE BILL NO. 372 BY REPRESENTATIVE DAMICO]
AN ACT To amend and reenact R.S. 38:3097.4(C), relative to the Ground Water Resources Commission; to provide for meetings held by the commission; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 38:3097.4(C) is hereby amended and reenacted to read as follows: Ground Water Resources Commission; membership; powers and responsibilities * * *C. The governor or his designee shall serve as chairman of the commission. The commission shall meet at least once per quarter twice per calendar year, but may meet more often as necessary.

ACT No. 22 [HOUSE BILL NO. 65 BY REPRESENTATIVES FANNIN, MCDONALD, AND WALSWORTH]
AN ACT To amend and reenact R.S. 38:3087.134(F), relative to the Sparta Groundwater Conservation District; to prohibit the discharge of duties as a commissioner upon expiration of the term of office; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 38:3087.134(F) is hereby amended and reenacted to read as follows:
3087.134. Board of commissioners; tenure; replacement; compensation * * * F.(1) Terms of members commissioned pursuant to Subsection A of this Section shall commence for those initially commissioned on October 15, 1999. Terms for commissioners subsequently commissioned shall commence on each October fifteenth thereafter. (2) Notwithstanding the provisions of R.S. 42:2, a commissioner shall not continue to discharge the duties of his office upon expiration of his term.

ACT No. 367 [HOUSE BILL NO. 66 BY REPRESENTATIVES FANNIN, MCDONALD, AND WALSWORTH]
AN ACT To amend and reenact R.S. 38:3087.135, relative to the Sparta Groundwater Conservation District; to provide for a meeting location; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 38:3087.135 is hereby amended and reenacted to read as follows:
3087.135. Meetings; election of officers A. On or before November 15, 1999, the board shall meet at the call of the governor, and it shall meet at its domicile no less than quarterly thereafter. At its organizational meeting, the board shall: (1) Elect a chairman, vice chairman, secretary, and treasurer. (2) Establish its domicile within the district. (3) Begin consideration of the study required by R.S. 38:3087.136. B. The board shall meet at least once per quarter and the location of the meetings shall rotate between the parishes of Bienville, Claiborne, Jackson, Lincoln, Ouachita, Union, Webster, and Winn. Once a meeting has been held in a parish, no other board meeting shall be held in that parish until a meeting has been held in each of the other parishes. However, the board may hold a meeting in any of the aforementioned parishes to address concerns particular to that parish.
Synopsis of Senate Amendments : Allows the board to hold additional meetings in the parishes among which proposed law requires the rotation of board meetings.

ACTS 22 & 367 ARE PERCEIVED BY MANY IN THE SPARTA REGION AS STILL MORE DELAYING MECHANISMS

"Bills would further dilute Sparta by Rick Hohlt" Publisher Ruston Leader 03-26-2006
A group of concerned citizens, including representatives of the Sparta Groundwater Commission, have worked tirelessly in reaching out, and traveled to many parishes in north Louisiana to generate interest in coming up with solutions for our beleaguered aquifer. This group has also traveled to Baton Rouge and Washington to educate and generate support for our water problem. This group is also directly responsible for the solutions that are on the drawing table for our troubled Sparta. The overusage hasn't changed since last year. We still use an estimated 72 million gallons of water per day. That's 20 million gallons more than the aquifer can sustain. Our daily usage needs to be less than 35 million gallons per day to replenish our water resource. The policies for our Sparta Aquifer are...being manipulated...to redefine the management guidelines of our water source to protect the industrial users of a depleting aquifer.
Rep. Jim Fannin, R-Jonesboro, has introduced House Bill 66 (became Act 367)..., which would cause The Sparta Commission to be forced to meet in parishes that have no interest in addressing the problems of the Sparta.... Fannin...also introduced.. HB 65, (became Act 22, such that) when a term expires, a commissioner would be discharged on the anniversary date even if the Governor has not chosen a replacement. [The terms of five Sparta Commissioners will expire Oct. 15, 2006.] (In 2005) Fannin's HB 388 was successful in changing the definitions of the Louisiana Revised Statute to make it all but impossible to receive a critical designation for the Sparta. Now it is not known what constitutes a critical aquifer in Louisiana.
House Bills 65 and 66 would further dilute the Sparta Groundwater Commission by making it more difficult for those most concerned to gather and come up with viable solutions for protecting our water source. .... To date, the State of Louisiana has refused to address the problem (of our dying aquifer)....many in our industries and government say there is no problem. The facts are clear. The Sparta is in serious jeopardy.

2005 ORDER REFLECTING THE CHANGED DESIGNATION TO 'AREAS OF GROUND WATER CONCERN'

Conservation Commissioner Welsh followed with an action stated in this news release (to newspapers; many Sparta commissioners were not informed).
CONSERVATION ORDER ADDRESSES SUSTAINABILTY OF SPARTA AQUIFER
Commissioner of Conservation James H. Welsh has declared today three areas in North Louisiana within the Sparta Aquifer as areas of groundwater concern. "With implementation of this order, this will the first time for state government to come to the plate and step to the role of assuring future groundwater usage in Louisiana," the Commissioner said.
In 2001, Act 446 gave the state authority to regulate groundwater usage on a statewide basis. The Sparta Groundwater Conservation District submitted a petition to the state to have areas of the Sparta Aquifer evaluated because of studies that showed water levels in the aquifer had declined.
Since that time, the state Office of Conservation has reviewed, evaluated, and documented water usage and water levels which
resulted in the issuance of an order on April 28, 2005 by the Commissioner of Conservation identifying three areas within the Sparta which were experiencing excessive water level declines.
The Commissioner's action today results from authority in Act 49 of 2003, and through new legislation, Act 225 of this year, that allows for special requirements to be placed on certain groundwater users so that remedial conservation measures are taken to assure sustainability of the aquifers of the state.
The Order issued, No. AGC-1-05, effective August 15, 2005, designates portions of Ouachita, Lincoln, Jackson, and Bienville parishes as "areas
of groundwater concern". Welsh said the recovery measures are needed due to the high volumes of groundwater being withdrawn from the Sparta Aquifer.
This shows the seriousness of preservation efforts toward this
valuable natural resource," Welsh noted.  The Order identifies three areas of groundwater concern in the Monroe-West Monroe, Ruston, and Jonesboro-Hodge areas of north Louisiana.
According to the Commissioner, there are three primary
conditions in the regulatory order, none, however, require curtailing use of the aquifer at present time. The following requirements in the Order are:
1) an aggressive water conservation education program should be conducted; 2) owners of non-domestic Sparta water wells shall submit a monthly; water usage report to the Office of Conservation, including static water level readings when available; 3) alternative sources of potable water should be vigorously pursued to alleviate excess  usage of Sparta groundwater
Anthony J. Duplechin, Jr., Director of the Office of Conservation's Ground Water Resources Division, said that the monthly groundwater monitoring requirement will give needed real-time information on the Sparta Aquifer water levels and groundwater usage, and will enable staff to measure and evaluate the effects and results of the other two remedial action requirements.  Duplechin also noted that while withdrawal restrictions on Sparta users have not been imposed at
this time, the Commissioner does have authority to do so on a case by case basis should future conditions warrant it.

 

2005 LEGISLATION EFFECTIVELY CHANGES DESIGNATION TO 'AREAS OF GROUND WATER CONCERN'

IN June 2005, Representative Fannin and Senator Kostelka quickly introduced House Bill 388, which became Act 225. Act 225 provides for changing the wording and nullifying in 2006 or altering the Office of Conservtion's Sparta ruling. Specifically, it changes 'critical ground water area' to 'area of ground water concern' and any effect of an Office of Conservation ruling on a critical ground water area ends on July 1 2006 or sooner if the Commissioner of Conservation reviews the ruling or promulgates new rules.

Sen. Fannin discussed this bill in Jackson and Bienville parishes. It was not discussed publicly in other Sparta parishes. It was presented as a local bill. By tradition, legislators vote unanimously in favor of local bills.

The Sparta Commission had voted against such an action, after Representative Fannin and Senator Kostelka presented arguments for the action.

ARGUMENTS AGAINT WATERING DOWN THE 'CRITICAL AREA' DESIGNATION:

ARGUMENTS FOR THE ACTION:

When House Bill 388, introduced by Rep. Jim Fannin, became Act 225, there was a BATON ROUGE news article about the legislation:
"New groundwater designation approved" By Mike Hasten gannett.com June 9, 2005 --
The Legislature has given final approval to creating a new classification of aquifers to provide an alternative to declaring them "critical." The Senate Wednesday approved HB388 by Rep. Jim Fannin, D-Jonesboro, that gives the commissioner of conservation an option of declaring "areas of ground water concern." Sen. Bob Kostelka, R-Monroe, told the Senate that the bill does not eliminate the option of declaring an area critical but adds a medium range. He said the current law provides only the option of no problem or "critical."
"In my area, we have the Sparta groundwater aquifer," Kostelka said. "The most recent information we have from Mr. Welch (Conservation Commissioner Jim Welch) shows the Sparta does not need to be designated critical at this time. The word critical does nothing but give the commissioner of conservation power to act." Current groundwater law says the commissioner is to restrict use of water in critical areas until the problem is alleviated. "The bill does exactly what the commissioner of conservation wants," Kostelka said.
Richard Durrett of Ruston, chairman of the Sparta Commission, said his board asked Welch to declare all of the Sparta critical but Welch chose to designate regions around Ruston, West Monroe and Jonesboro critical. However, those designations would not go into effect until Aug.
"Before this passed, the commissioner had certain authority to regulate water use" in anything termed critical, Durrett said Wednesday evening. "In an area of concern, he has authority to develop and education program" to teach people to conserve water, "but he doesn't have authority to manage the aquifer as he did under the current law."
Durrett said business, farming and public consumption of Sparta water totals 70 million gallons a day but the aquifer can only sustain 52 million gallons without depleting the resource. "It's dropping an average of two feet a year and more in some areas," he said. "If we don't find alternative sources, we're going to have real problems."
Sparta Board member Herb Byars said the new designation is "kind of a chamber of commerce thing" because "critical" might scare off business. "They don't want people to know it's a critical water problem."

 

2005 THREE SPARTA AREAS WERE DECLARED CRITICAL

In April, 2005, three Sparta Areas were declared critical by Order No. AGC-1-05, effective Aug. 15, 2005
On 4-21-05, The La. Office of Conservation issued an order declaring three heavy use areas critical (Monroe, Lincoln-Grambling-Simsboro, and Jonesboro). There was to be no restriction of water use in the three critical areas. There was to be required reporting of the amount of aquifer water withdrawn. This was the first declaration of a critical ground water area in Louisiana.

 

2003 GROUND WATER RESOURCES ACT -- COMMISSIONER OF CONSERVATION TO DECIDE SPARTA MATTERS

The 2003 Ground Water Resources Act (ACT 49) granted ground water use authority to the Office of Conservation. It granted the right to declare critical ground water areas under certain conditions. It did not grant the right to declare potential critical ground water areas or ground water watch areas, as had been recommended in the past, and some wondered about enforcement of regulations.

The Sparta Commission submitted a request to the Commissioner of Conservation to decare the Sparta a critical groundwater area. The Commissioner, acting through the Groundwater Division within the Office of Conservation and in conjunction with the new Groundwater Conservation District Commission conducted public hearings in several locations in the Sparta region. Input at those well-attended hearings included the following:
-Noone disputed the justification for a critical area designation;
-Some objected that it might discourage industry.
-Others argued that prospective industries are aware of an area's water situation, that Arkansas' successful approaches started with declaration of Sparta areas as critical, and Louisiana needs immediately to take such steps to protect the Sparta.
-Still others argued that withdrawals of water anywhere in the Sparta affect the aquifer, so there should be provisions for regulation throughout.

In the fall of 2004, the Commissioner of Conservation issued a Draft Order declaring certain areas within the Sparta Aquifer region critical areas. On 11-29-2004, the Claiborne Parish Watershed District commission voted to endorse Draft Order for this action.

 

1999- 2002 SPARTA COMMISSION AND SPARTA AQUIFER STUDY

In 2002, MML&H published The Sparta Aquifer Study (full study may be found at: http://www.spartaaquifer.com/).  For recovery of the aquifer, MML&H recommend that Louisiana Sparta pumpage must be no more than 52 mgd by the year 2025, with a 17 mgd reduction in pumpage by 2005.  The aquifer region should prepare to increase its water consumption by 2025 from 70 mgd to 82 mgd.  Thus, provision should be made for consumption of surface water to increase 30 mgd.   MML&H ranked potential sources of surface water, from highest to lowest: Ouachita River-W. Monroe, Bayou D'Arbonne Lake, Ouachita River-Bastrop, Caney Creek Lake, Lake Bistineau.  MML&H considered Lake Claiborne, also, in terms of providing for regional economic growth.

In 2001, the Sparta Groundwater Conservation Commission ("Sparta Commission") hired Meyer, Meyer, LaCroix and Hixson, Inc. (MML&H), an engineering firm, to study the problem and make recommendations.

In 1999, the Louisiana legislature, by Act 1228, established the "Sparta Commission" [PART XXII. SPARTA GROUNDWATER CONSERVATION DISTRICT RS 38:§3087.131 - RS 38:§3087.137]