1. A. Following are the regulations for determining the status of a drilled, bored, cored, augered or driven water well or hole and for determining the party responsible for plugging abandoned wells and holes.

   1. 1. Active Status. A well is considered to be active if it is an operating well used to supply water.
   2. 2. Standby Status. A well is considered to be standby if it is used in emergencies or occasionally used to supply water.

   3. 3. Inactive Status. A well is considered to be inactive if it is not presently operating but is maintained in such a way that it can be put back in operation, with a minimum of effort, to supply water. Before a well can be put in inactive status, the owner shall present evidence to the department as to the condition of the well and as to his intentions to use the well in the future, as well as obtaining the department's written approval. As evidence of intentions, the owner shall be responsible for properly maintaining the well in such a way that:

      1. a. the well and the annular space between the hole and casing shall have no defects that will permit the seepage of surface water into the well;
      2. b. the well is clearly marked and is not a safety hazard;
      3. c. the well is adequately capped in such a manner as to prevent easy entry by other than the owner;
      4. d. the area surrounding the well is kept clear of waste and debris;
      5. e. if the pump and/or motor have been removed for repair, replacement, etc., the well is adequately capped to prevent injury to people and to prevent the entrance of any contaminant or other objectionable material;
      6. f. the well is not used for disposal or injection of trash, garbage, sewage, waste water and/or storm runoff; and
      7. g. the well is easily accessible for routine maintenance and periodic inspection.
   4. 4. Abandoned Wells. A well is considered to be abandoned if its use has been permanently discontinued; its pumping equipment has been permanently removed; the well is in such a state of disrepair that it cannot be used to supply water and/or has the potential for transmitting surface contaminants into an aquifer; the well poses potential health or safety hazards, or the well is in such a condition that cannot be placed in the active, standby or inactive status. The owner of an abandoned well shall be responsible for plugging such a well in accordance with methods and standards stated in §531, within 90 calendar days from the initial date of abandonment. If the owner fails to plug an abandoned well within the 90-day time period, enforcement procedures, as outlined in §519, will be initiated by the department.

   5. 5. Abandoned Rig-Supply Water Wells

      1. a. A water well drilled at an oil or gas drilling site to supply water for drilling activities shall be considered an abandoned well immediately after the termination of the oil or gas drilling-operations and removal of the rig from the site. The company in charge of the drilling of the oil or gas well (lessee) shall be responsible for plugging the abandoned water well, in accordance with §531, within 30 calendar days after the termination of oil or gas drilling operations and removal of the rig from the site.
      2. b. If the ownership of the water well is to be conveyed to the landowner in lieu of plugging and abandoning the well, the well must conform to the requirements for active or inactive status. The ownership transfer must be made through a legal document advising the landowner of his responsibilities and obligations to properly maintain the well, including the proper plugging of the well when it is abandoned and no longer needed for water production activities. The company (lessee) shall provide the department with a copy of the transfer document within
         30 calendar days after the transfer of the ownership. Upon receiving the document, the department will send a letter to the new owner requesting well use information and advising him/her of the appropriate regulations. The owner is required to respond within 30 calendar days, stating intended use and requesting an appropriate status, as outlined in §527.
   6. 6. Observation Wells. A well is considered to be an observation well if it is used by the owner, by governmental agencies, or by an appropriate engineering or research organization to obtain information on the water resources of an area. Observation wells shall be covered with an appropriate cap or cover to prevent unauthorized use or entry and to prevent entry of contaminants. It shall be the responsibility of the owner, organization or agency making the observations to prevent entry of any foreign materials or water into observation wells and to keep the surrounding area clear of waste, water, debris and other materials.
   7. 7. A well shall not be used for any injection or recharge studies until a permit is obtained in accordance with existing orders rules and regulations of the Department of Natural Resources, Office of Conservation.
   8. 8. An inactive water well may be used as an observation well; however, when it is no longer needed for observation purposes and the owner does not intend to convert it to an active status, the well shall be considered abandoned. The owner shall be responsible for plugging the abandoned well in accordance with Methods and Standards, stated in §531, within 90 calendar days after abandonment, unless agreement with the agency or organization which used the well for observation clearly delegates the plugging responsibility to the agency or organization.
   9. 9. A well constructed solely for observation purposes by an owner, a governmental agency, or an engineering or research organization, must be converted to an active, inactive or standby status when no longer needed for observation purposes, otherwise it shall be considered abandoned. It shall be the responsibility of the owner, agency or organization who installed the well to plug the abandoned well in accordance with methods and standards, stated in §531, within 90 calendar days after abandonment.

   10. 10. Abandoned Pilot Holes and Test Holes

       1. a. A pilot hole, drilled with the intent to install casing and produce water, shall be considered an abandoned hole immediately after the termination of the drilling operations if the hole is not cased and/or a well is not developed or constructed. It shall be the water-well contractor's responsibility to plug the abandoned hole, in accordance with §531, within 30 calendar days after the termination of the drilling operations.
       2. b. A test hole, drilled to obtain geologic, hydrologic and water-quality data shall be considered an abandoned hole immediately after the completion of all testing operations. The agency or the contractor in charge of the exploratory work is responsible for plugging the abandoned hole in accordance with §531, within 30 calendar days after the termination of drilling operations.
   11. 11. Abandoned Geotechnical Boreholes. A hole, drilled, bored, cored or augered to obtain soil samples to be analyzed for chemical and/or physical properties shall be considered abandoned immediately after the completion of the drilling and sampling operations. It shall be the drilling contractor's responsibility to plug the abandoned hole in accordance with methods and standards stated in §531 within 30 calendar days after the termination of drilling and sampling operations.
   12. 12. Abandoned Heat Pump Holes (Closed Loop System). A hole drilled to install piping for an earth-coupled water source heat system shall be considered an abandoned hole if the piping is not installed and/or the hole is not plugged by the drilling contractor in accordance with methods and standards, stated in §531, within 30 calendar days after completion of drilling operations. It shall be the drilling contractor's responsibility to plug the abandoned hole in accordance with methods and standards, stated in §531, within 30 calendar days after the hole is considered abandoned.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:2091-R.S. 38:3097.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Transportation and Development, Office of Public Works, LR 1:249 (May 1975), amended LR 11:961 (October 1985), repromulgated by the Department of Transportation and Development, Office of Public Works, LR 31:942 (April 2005).