Louisiana Revised Statutes 38:3073 – Definitions
Terms Used In Louisiana Revised Statutes 38:3073
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
Unless the context otherwise requires, the following terms shall have the following meanings for purposes of this Part:
(1) “Beneficial purpose” or “beneficial use” means the use of groundwater for domestic, municipal, industrial, agricultural, recreational, or therapeutic purposes or any other advantageous use.
(2) “Board” means the board of commissioners of the district formed in accordance with this part.
(3) “Commissioner” means a commissioner of the district who has been appointed or elected in accordance with this part.
(4) “Department of Public Works” means the Department of Public Works of the city of Baton Rouge and parish of East Baton Rouge.
(5) “District” means the groundwater conservation district formed in accordance with this part.
(6) “Governing body” means the police jury, commission, council, or other governing body of the parish.
(7) “Groundwater” is water suitable for any beneficial purpose percolating below the earth’s surface.
(8) “Just and equitable share” of the groundwater underlying a tract within an area subject to an order limiting pumping rates means that portion of the recoverable groundwater within an aquifer which is to be apportioned to such tract on the basis of demonstrable geologic and hydrologic data taking into consideration the volume of groundwater in storage, the maximum perennial recharge potential, and any groundwater use priorities established by the board.
(9) “Mississippi River alluvial aquifer” occurs beneath the flood plain of the Mississippi River and includes the sand and gravel units of the Mississippi River alluvial valley deposits.
(10) “Person” means any individual, partnership, corporation, association, governmental board, commission, district, political subdivision, or public or private organization of any character, including any agency, corporation, and quasi-public corporation of the federal, state, municipal, or local government.
(11) “Premises” as used herein, means a tract or tracts of land, whether or not contiguous, operated by a single person and used principally for bona fide agricultural or horticultural purposes or the production of aquatic life for human consumption.
(12) “User” means any person who produces groundwater in the district for any beneficial use, in excess of fifty thousand gallons for any day during any calendar year from a well or wells owned or operated by such person or from a well or wells owned or operated solely for the production of water used by such person.
(13) “Well” or “water well” shall mean any well drilled or constructed for the principal purpose of producing groundwater.
Added by Acts 1974, No. 678, §1. Amended by Acts 1976, No. 231, §1; Acts 1980, No. 738, §1; Acts 2014, No. 795, §1.