La. Rev. Stat. § 38:2319.2 — LA Code / Code revised-statutes / Title 38 / Section 2319.2
Definitions
Status: in_force

As used in this Part, the words defined in this Section shall have the meanings set forth below, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision:

(1) "Annual appropriation dependency requirement" means a provision which shall be included in the contract and the documents relating to each equipment-lease-purchase contract which provides that, after a diligent and good faith effort by the local governmental entity to appropriate funds for the payment of sums due under such lease for the next ensuing fiscal year, if such funds are not appropriated for such fiscal year, such lease shall terminate in accordance with the terms of the lease at the end of the current fiscal year and the local governmental entity shall not be liable for the payment of further rental payments not already incurred on such lease past the then current fiscal year, provided the equipment is returned to the nonprofit lessor or his agent, as provided in the equipment-lease-purchase contract.

(2) "Equipment-lease-purchase contract" means the lease-purchase contract in the form approved by the State Bond Commission between the local governmental entity and a nonprofit lessor providing for an obligation to lease equipment approved by the governmental entity pursuant to this Part and the lease of selected equipment designated by a local governmental entity.

(3) "Lessee" means the local governmental entity which is designated as lessee under an equipment-lease-purchase contract.

(4) "Local governmental entity" means municipalities, parishes, school boards, clerks of court, levee districts, law enforcement districts, all special service districts, port commissions, and other political subdivisions of the state of Louisiana.

(5) "Nonprofit lessor" or "lessor" means a public corporation or public trust organized pursuant to state law having for its beneficiary the state, organized as a not-for-profit entity, no portion of the net earnings or other assets of which inure to the benefit of any private shareholder or individual, and which shall be authorized under state law to issue obligations for equipment acquisition the interest on which is exempt from calculation of gross income for federal income tax purposes.

(6) "Selected equipment" means the equipment, as determined by the local governmental entity, which shall be the subject of a lease-purchase contract under the provisions of this Part.

(7) "Selected vendor" means a supplier, manufacturer, retailer, wholesaler, dealer, or other source for selected equipment which has been selected by the local government entity pursuant to state law.

Acts 1985, No. 758, §1, eff. July 17, 1985. Acts 1987, No. 134, §1.

{{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:3097.9 — LA Code / Code revised-statutes / Title 38 / Section 3097.9
Ground water conservation district meetings
Status: in_force

Any governing authority of a ground water conservation district created by law or designated as a regional body, pursuant to R.S. 38:3097.4(D)(6), shall adhere to the Open Meetings Law, R.S. 42:11 et seq. Such governing authority shall issue public notice of meetings, including an agenda, at least twenty-four hours in advance. In addition, the public shall be provided the opportunity to comment on each item on the agenda and for general comments at the end of each meeting. Any such governing authority shall operate under Robert's Rules of Order and shall record and maintain minutes of each meeting. Any standing subcommittee created by such governing authority shall be composed only of members of the governing authority and the governing authority shall not establish ad hoc committees.

Acts 2017, No. 425, §1.
La. Rev. Stat. § 38:1587 — LA Code / Code revised-statutes / Title 38 / Section 1587
Certificates of indebtedness
Status: in_force

A. The governing authority of any such drainage district complying with the provisions of this Part may issue, execute, negotiate, sell, and deliver negotiable interest-bearing coupon certificates of the district in an amount up to the total amount of the installments or deferred payments as provided in R.S. 38:1586.

B. The certificates shall bear interest not to exceed the legal maximum limit, shall be payable annually, and shall mature serially over a period not exceeding twenty years, but in no event shall the certificates extend over a longer period of time than that provided for by the ordinance levying the local or special assessments which may be payable in annual installments.

C. The certificates shall be of such form, date, and denomination and payable in principal and interest at such time and place as the governing authority may determine, and they shall be secured by and payable in principal and interest from the irrevocable pledge and dedication of the funds to be derived from the special assessments hereinabove provided which are payable in annual installments or deferred payments as provided for by this Part, which funds shall be set aside in a separate trust fund and shall not be drawn upon for any purpose other than to pay the principal and interest of the certificates.

Added by Acts 1983, No. 708, §1.
La. Rev. Stat. § 38:5 — LA Code / Code revised-statutes / Title 38 / Section 5
Cooperation with federal government in drainage and reclamation projects
Status: in_force

The Department of Public Works may also cooperate with the federal government or any federal agency, and may receive and expend grants of money by the federal government or any federal agency for the purpose, upon any terms and conditions prescribed by the Congress or any agency of the federal government under authority of the Congress, and to this end may contract for the acceptance of any grant of money upon the terms and conditions, including any requirement of matching the grants in whole or part, which may be necessary.
La. Rev. Stat. § 38:90.16 — LA Code / Code revised-statutes / Title 38 / Section 90.16
Misuse of funds; withholding of distribution; notification of district attorney
Status: in_force

A. If, on the basis of the report of the legislative auditor, or from its own investigation, the Legislative Audit Advisory Council determines that there has been a misuse by a recipient or governing authority of funds from the Statewide Flood Control Program, it shall then determine whether a partial or total withholding of the authority's appropriation for any remaining portion of the current fiscal year shall be necessary. Should the council determine that it is necessary to withhold all or any part of the authority's appropriation, the council shall send notification of its determination to each member of the legislature who represents any portion of the authority. If, thirty days after the members of the legislature are notified, the council determines that the misuse has not yet ceased, the council shall, by written resolution, instruct the state treasurer to immediately suspend distributions to the authority of funds appropriated for the Statewide Flood Control Program. The suspension of funds shall remain in effect until the Legislative Audit Advisory Council verifies, in writing, to the state treasurer that the offending authority is again in compliance with this Chapter. Such written verification shall be given when the legislative auditor certifies to the council that, to the best of his knowledge, the authority is in compliance with this Chapter or, in the absence of said certification, when the council determines that the authority is in compliance with this Chapter. Upon receipt of the council's written verification, the state treasurer shall reinstate the distribution of funds and distribute all funds previously withheld to the affected recipient authority. The council shall report any action it has taken with regard to the suspension of funds to the legislature at the next regular session, along with any recommendations it may have for forfeiture of suspended funds by those authorities which are still in noncompliance with this Chapter. Forfeiture of funds can be authorized only by the legislature.

B. In any case where there has been a determination made by the council that there has been a misuse by a recipient authority of funds appropriated for the Statewide Flood Control Program, the council shall furnish a copy of the written resolution directing the state treasurer to withhold funds to the district attorney of the parish or parishes where the misuse of funds occurred. The district attorney shall, within thirty days, advise the chairman of the council as to action he has taken or proposes to take in connection with the misuse of funds cited in the resolution. Where future action is proposed by the district attorney, the council shall set a date for receipt of further advice in the matter. Where such advice is not forthcoming from the district attorney, or where it is evident that suitable action has not been taken, the council shall report the matter to the legislature at its next regular session for whatever action the legislature deems advisable under the circumstances.

Added by Acts 1982, No. 351, §1.
La. Rev. Stat. § 38:3087.8 — LA Code / Code revised-statutes / Title 38 / Section 3087.8
Rules and regulations
Status: in_force

In order to accomplish the purposes of the district to protect the works, improvements, and property of the district, both immovable and movable, to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage to the district by misuse of any works, improvements, or properties or by the pollution by solid or liquid or substance or misuse of the waters of the district or any water course therein, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of their use by public corporations and persons, and preserve order within and adjacent thereto.

(2) To prescribe the manner of building bridges, roads, fences, including fences for the control of livestock or other works in, along, or across any channel or extending into the reservoir.

(3) To prescribe the manner in which natural or artificial drains, ditches, sewers, pipelines, or other works shall be adjusted to or connected with the works of the district or any water course therein and the manner in which the water courses of the district may be used for sewer outlets for disposal of waste.

(4) To prescribe the permissible uses of the water supply, provided by the impoundments constructed, and to prevent the pollution or unnecessary waste of such water supply.

(5) To prohibit or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.

(6), (7) REPEALED BY ACTS 1993, NO. 830, §2.

Acts 1992, No. 888, §2, eff. July 8, 1992; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:2874 — LA Code / Code revised-statutes / Title 38 / Section 2874
Management of fish; commercial establishments
Status: in_force

A. The Wildlife and Fisheries Commission may regulate, restrict, or prohibit the recreational or commercial use of hoop nets, gill nets, trammel nets, strike nets, seines, wire nets, slat traps, and wire traps on Lake Claiborne.

B.(1) The board of commissioners of the Claiborne Parish Watershed District shall have authority to establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the facilities provided by the said lake or its watershed; to license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of said lake, or to refuse to license or permit any commercial establishment to use the facilities provided by said lake.

(2) The rules and regulations established and promulgated by the board of commissioners of the Claiborne Parish Watershed District shall provide penalties for any such commercial establishment operating without a permit or license, and such rules and regulations shall be enforced by the sheriff and violations thereof prosecuted by the district attorney of the judicial district within which the watershed district is situated, as hereinabove provided.

Added by Acts 1966, No. 299, §14; Acts 1993, No. 830, §2; Acts 2004, No. 541, §1.
La. Rev. Stat. § 38:222 — LA Code / Code revised-statutes / Title 38 / Section 222
Regulations for operation of siphons through levees
Status: in_force

Any authority granted under the provisions of R.S. 38:221 to operate a siphon over the public levees shall be subject to the following regulations:

1. The location of all siphons shall be at right angles to the axis of the public levee.

2. The levee shall at no place nor in any manner be cut into nor disturbed to fit the placing of any siphon or siphons. This siphon shall be made either to span the levee or in a practicable manner to conform to the prescribed section of the levee.

3. The intake and discharge ends of all siphons shall be located at distances not less than thirty feet on the river side nor sixty feet on the land side from the base of the levee.

4. Both the intake and discharge ends of all siphons shall be so protected as to guard against any local excavation or washout.

5. In the operation of siphons for irrigation or other purposes, no area within one hundred and fifty feet of the base of any public levee on the land side shall at any time be flooded.

6. All areas subject to flooding by siphons or otherwise, shall be provided, by the owners or operators, with low level ditches, located at suitable distances apart to at all times care for the proper drainage of the public levees and highways.

7. No siphon shall be placed over the levees included within the provisions of R.S. 38:221 until permission has been obtained from the board of commissioners of the levee district having jurisdiction over the levees.
La. Rev. Stat. § 38:415 — LA Code / Code revised-statutes / Title 38 / Section 415
Penalties constitute lien on watercraft
Status: in_force

The penalties, costs, and attorney's fees provided for in R.S. 38:411 against boats, vessels, and other watercraft shall be secured by first lien and privilege upon the boat, vessel, or other watercraft.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.141 — LA Code / Code revised-statutes / Title 38 / Section 3087.141
Creation
Status: in_force

There is hereby created a recreation and water conservation district to be known as the "Castor Creek Reservoir District", hereinafter also referred to as the "district".

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:302 — LA Code / Code revised-statutes / Title 38 / Section 302
Commercial lease of lands
Status: in_force

The boards of commissioners of the various levee districts may execute commercial leases of not over three years duration, except as provided in R.S. 38:320 on lands respectively owned or which may hereafter be acquired by the levee districts and levee and drainage districts for a cash consideration under the terms and conditions which the boards of commissioners of the levee districts and levee and drainage districts may deem best. The lease shall be subordinate to any lease hereafter made of the lands for oil, gas, or mineral development.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:433 — LA Code / Code revised-statutes / Title 38 / Section 433
Refunding of outstanding bonds
Status: in_force

The refunding of the outstanding bonds of a levee district or levee and drainage district into the bonds authorized by this Subpart may be effected by a direct exchange of bonds or by a negotiation of the bonds authorized by this Subpart, and the application of the proceeds to the payment of redemption of the bonds now outstanding.

Acts 1985, No. 785, §1, eff. July 22, 1985.

{{NOTE: REGARDING R.S. 38:431-436, SEE ALSO R.S. 38:1117(A)(3) AS PER ACTS 1985, NO. 466, §2, WHICH MAY BE CONFLICTING.}}
La. Rev. Stat. § 38:2563 — LA Code / Code revised-statutes / Title 38 / Section 2563
Right of eminent domain
Status: in_force

The state department of public works is hereby granted the power of eminent domain and the right to expropriate any and all lands, flowage rights, servitudes, and rights of way necessary and convenient for the construction of the said dam, spillway, reservoir, storage basins, locks, levees, flumes, conduits, spillways or other structures necessary, suitable or convenient in connection with the construction thereof, as well as for the creation of the said lake, impoundment and reservoir within the boundaries as hereinabove set forth.

Added by Acts 1956, No. 9, §13.
La. Rev. Stat. § 38:1629 — LA Code / Code revised-statutes / Title 38 / Section 1629
Rejection of reclamation plan; submission of new or amended plan
Status: in_force

If after hearing all contests and considering the report of the board of appraisers, the court shall find that the estimated costs of works and improvements as reported by the appraisers, or as amended by the court, exceed the estimated benefits, the court shall decree the board of commissioners unauthorized to put into effect the plan for reclamation of the district or sub-district, as the case may be, and the clerk of the court shall certify a copy of the decree to the secretary of the board of commissioners who shall enter the decree in the records of the drainage district.

In case a plan for reclamation is rejected by the court as above provided, the board of commissioners, when petitioned to that effect by the landowners owning a majority of the land in the drainage or sub-drainage district, as the case may be, may cause other and amended plans for reclamation to be prepared by the engineer. The procedure in the case of the new or amended plan for reclamation shall be the procedure provided in the case of the original plan for reclamation; and the funds with which to pay the preliminary expenses of the new or amended plan for reclamation, the making of additional surveys, new assessments, and other necessary expenses, shall be advanced by the petitioning landowners, and reimbursed to them by the board of commissioners when the funds therefor shall be available.
La. Rev. Stat. § 38:141 — LA Code / Code revised-statutes / Title 38 / Section 141
Expropriation of land or improvements for drainage canals or projects
Status: in_force

A. Local governing bodies, Orleans Parish excepted, may expropriate land and the improvements thereon, outside of regularly organized and acting levee districts, necessary for the construction of drainage canals or drainage projects with enough of the adjoining property on which to build spoil banks and on which to place the dirt removed from the drainage canals, and any property next to or in the vicinity of the canals or projects necessary for the construction, inspection, repair, and maintenance of the canals or projects.

B. Local governing bodies may acquire by expropriation, in the same manner now required by existing laws regulating expropriation suits, either a clear title to the land and improvements thereon or any servitude, right, or interest necessary for that purpose.

Acts 2025, No. 452, §2.
La. Rev. Stat. § 38:2251.1 — LA Code / Code revised-statutes / Title 38 / Section 2251.1
Preference for milk and dairy products produced or processed in this state
Status: in_force

Every person acting as a purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, including a levee board, drainage district, school board, or special district, shall purchase milk and dairy products produced or processed in this state which are equal in quality to milk and dairy products produced or processed outside the state, provided the cost of the milk or dairy products produced or processed in this state does not exceed by more than ten percent the cost of milk or dairy products of equal quality which are produced or processed outside the state.

Acts 1985, No. 174, §1.
La. Rev. Stat. § 38:3087.230 — LA Code / Code revised-statutes / Title 38 / Section 3087.230
Construction which would impede flow of water in lake prohibited; pollution defined and prohibited; penalties fixed for violations
Status: in_force

A.(1) No person or public corporation shall erect within the drainage area of the district any dam or reservoir upon any stream or watercourse which will affect the lake until a copy of the plans thereof has been filed with the board of commissioners and approved.

(2) Whoever violates this Subsection shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than sixty days, or both.

B.(1) No person shall knowingly and willfully empty or drain or permit to be drained from any pump, reservoir, well, or oil field, into any stream or drain constituting the watershed of the lake, or from any stream within said district into said lake any oil, salt water, or other noxious, toxic, hazardous, or poisonous gas, liquid, or substance that would render the water unfit for irrigation or human consumption or would destroy aquatic life in the lake.

(2) Each and every day that oil, salt water, or any other substance described in Paragraph (1) of this Subsection is permitted to flow into natural streams or drains that constitute the watershed of the lake shall constitute a separate and distinct offense.

(3) Whoever violates this Subsection shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than three months, or both.

C.(1) No person shall:

(a) Obstruct drainage channels which compose any drain or stream flowing into the lake by bridging them except in accordance with plans, specifications, and instructions prescribed by the board of commissioners of the district.

(b) Construct dams, locks, or gates in drainage channels of the watershed of the lake or into the lake itself without permission of the commission.

(c) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the channel of any stream, drain, or natural flow of the feeder streams of the watershed of the lake or the lake itself.

(d) Float timber in the watershed of the lake.

(2) Whoever violates this Subsection shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than sixty days, or both.

D.(1) No proprietor, owner, lessee, or possessor of land abutting upon the lake or along any public road paralleling the water line or contiguous to the lake shall in any manner close or place any obstruction in any drain or ditch, whether on private property or on the public road or levee adjacent to the road, that will in any manner interfere with the effective, thorough, and continuous drainage into the lake.

(2) Whoever violates this Subsection shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than sixty days, or both.

Acts 2003, No. 328, §1.
La. Rev. Stat. § 38:2319.21 — LA Code / Code revised-statutes / Title 38 / Section 2319.21
Surplus property; donation or exchange
Status: in_force

Nothing contained in this Part or in any other provision of law shall prohibit the donation or exchange of movable surplus property between or among political subdivisions whose functions include public safety.

Acts 1999, No. 856, §1, eff. Nov. 25, 1999.
La. Rev. Stat. § 38:359 — LA Code / Code revised-statutes / Title 38 / Section 359
Withdrawal of amount deposited
Status: in_force

A. Upon the application of any party in interest and upon due notice to all parties, the court may order that the money deposited or any part thereof be paid forthwith to the person entitled thereto for or on account of the just and adequate compensation to be awarded in the proceedings.

B. The court may make such orders as shall be just and equitable to direct the payments of taxes, encumbrances, and other charges out of the money deposited.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2330.2 — LA Code / Code revised-statutes / Title 38 / Section 2330.2
Sabine River Compact Administration; per diem expenses for Louisiana members
Status: in_force

A. The members of the Sabine River Compact Administration appointed by the governor to represent the state as provided by Article VII of the Sabine River Compact contained in R.S. 38:2329 shall be submitted to the Senate for confirmation.

B. The members of the Sabine River Compact Administration appointed by the governor to represent the state as provided by Article VII of the Sabine River Compact contained in R.S. 38:2329 shall be entitled to receive a per diem allowance of fifty dollars for each day of a meeting of the administration or any of its committees actually attended by such member, to be paid out of the funds available for the purpose by the Sabine River Authority, on its own warrant. This per diem allowance shall also include any additional days of travel reasonably required to attend the meetings. In addition, such members of the administration shall be entitled to be reimbursed for expenses actually incurred in attending meetings of the administration or its committees, or in the transaction of any business of the administration, when such business has been authorized by the Sabine River Authority.

Acts 1991, No. 141, §1, eff. June 30, 1991; Acts 2010, No. 762, §1, eff. June 30, 2010.
La. Rev. Stat. § 38:373 — LA Code / Code revised-statutes / Title 38 / Section 373
Challenging or excusing jurors after acceptance
Status: in_force

Although the entire jury has been accepted and sworn, up to the beginning of the taking of evidence, a juror may be challenged for cause by either side or be excused either for cause or by consent of both sides, and the panel shall be completed in the ordinary course.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:413 — LA Code / Code revised-statutes / Title 38 / Section 413
Service of process on watercraft
Status: in_force

The service of any and all judicial processes under the provisions of this Subpart upon any steamboat, vessel, or watercraft or the owners, masters, or persons in command thereof may be made on board upon the master, clerk, or mate of the boat, vessel, or other watercraft, or other person exercising the functions of these officers.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1809 — LA Code / Code revised-statutes / Title 38 / Section 1809
St. Charles Gravity Drainage District No. 2; bonds
Status: in_force

The St. Charles Parish Council, acting as the governing authority of the Gravity Drainage District No. 2 of the parish of St. Charles, may incur debt and issue general obligation bonds on behalf of said district for the purpose of paying any outstanding and unpaid judgment rendered against said district, the accrued interest thereon, and all costs incurred in connection with the defense of the action which resulted in such judgment. Said bonds shall be issued in the manner provided in R.S. 39:551 et seq., and shall be issued only after being approved by the majority of qualified electors voting at an election ordered by the governing authority of the district and held in accordance with the provisions of R.S. 18:1281 et seq.

Acts 1988, No. 386, §1, eff. July 10, 1988.
La. Rev. Stat. § 38:3087.268 — LA Code / Code revised-statutes / Title 38 / Section 3087.268
Supervision by Department of Transportation and Development
Status: in_force

All of the powers and duties relative to construction and letting of contracts for construction required to be advertised by R.S. 38:2211 and 2212 conferred upon the district shall be subject to and exercised under the supervisory control of the state Department of Transportation and Development, which department shall furnish to the district such engineering services as it shall require and may cooperate with the district in the construction of any work or facility considered necessary by the district and the department to the purposes of the district.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:1592 — LA Code / Code revised-statutes / Title 38 / Section 1592
Inspection and acceptance of work
Status: in_force

The governing authority of any drainage district taking advantage of the provisions of this Part shall, upon the completion of any contract awarded as provided for herein, provide for the final inspection of the work performed thereunder and the improvements made, and, if the work is found to have been completed satisfactorily in accordance with said contract, as evidenced by a certificate of the project engineer, the governing authority shall by ordinance duly adopted approve and accept the work and fulfill its obligations under the contract after compliance with laws relative to the completion of contracts involving public works by full payment therefor of any and all amounts and balances due the said contractor, including all retained percentages of payments previously made thereon on engineer's estimates and which percentages were retained pending completion of the work.

Added by Acts 1983, No. 708, §1.
La. Rev. Stat. § 38:441 — LA Code / Code revised-statutes / Title 38 / Section 441
Binding obligation of state
Status: in_force

This Subpart and the laws providing for the creation and government of the levee districts and levee and drainage districts and their authority or power to levy and collect taxes and local contributions and to issue bonds shall not be repealed or modified to the detriment of the bonds authorized by this Subpart. This obligation not to repeal or modify these statutes is declared to be binding on the state and to be a part of the contract of the bonds.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1845 — LA Code / Code revised-statutes / Title 38 / Section 1845
Incurring indebtedness; issuance of bonds
Status: in_force

All consolidated gravity drainage districts shall be subdivisions of the state. The districts may, through their governing authorities incur debt and issue negotiable interest bearing coupon bonds for the purpose of constructing gravity drainage works of the consolidated drainage districts, title to which shall be in the public. The indebtedness shall be incurred and bonds issued under the authority of and in the manner provided for in Title 39, Sub-title II, Chapter 4.
La. Rev. Stat. § 38:281 — LA Code / Code revised-statutes / Title 38 / Section 281
Definitions
Status: in_force

As used in this Chapter, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them as follows:

(1) "Batture" shall have the same meaning as that term was defined by the courts of this state as of the effective date of the Constitution of Louisiana.

(2) "Board of commissioners" means a group of persons appointed under the provisions of law to exercise certain authorities over and have oversight and control of a levee district or levee and drainage district.

(3) "Fair market value" means the value of the lands or improvements actually taken, used, damaged, or destroyed for levees or levee drainage purposes as determined in accordance with the uniform criteria for determining fair market value as defined in R.S. 47:2321 et seq. Pursuant to Article 1, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, such determination of fair market value shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America unless an exception as provided in Article I, Section 4(G) of the Constitution of Louisiana is applicable.

(4) "Full extent of the loss" shall not be construed to include payment for uses which are remote, speculative, or contrary to law; uses for which the property is still suitable; or elements of property ownership which are not actually taken, used, damaged, or destroyed for levees or drainage purposes. Further, pursuant to Article I, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, payment for the full extent of the loss shall not exceed fair market value and shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America unless an exception as provided in Article I, Section 4(G) of the Constitution of Louisiana is applicable.

(5) "Levee commissioner" means a member of a board of commissioners of a levee board or a levee and drainage board.

(6) "Levee district" means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits.

(7) "Levee and drainage district" means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, drainage, and all other things incidental thereto within its territorial limits.

(8) "Meeting" means a duly called meeting of the membership of a board when payment of per diem is authorized and such meeting is called for the express purpose of discussing activities or plans pertinent to the functions of the levee board itself.

(9) "Orleans Levee District" shall mean the levee district and political subdivision of the state which is referred to as the "Orleans Levee District", the "Board of Commissioners of the Orleans Levee District", or the "Orleans Levee Board".

(10) "Temporary servitude" means the taking of lands for a limited time period where the lands are returned to the owner without substantial damage or destruction but shall not include barrow areas.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2006, No. 567, §1, eff. Oct. 30, 2006; Acts 2007, No. 133, §1, eff. June 25, 2007.
La. Rev. Stat. § 38:316 — LA Code / Code revised-statutes / Title 38 / Section 316
Ratification of prior proceedings
Status: in_force

Any proceedings taken by the governing authority of any levee district or levee and drainage district in conformity with the requirements set forth in R.S. 38:315 prior to August 1, 1985, are hereby approved, ratified, and confirmed.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.356 — LA Code / Code revised-statutes / Title 38 / Section 3087.356
Regulation of commercial establishments
Status: in_force

A. The board of commissioners may:

(1) Establish and cause to be enforced rules and regulations pertaining to all commercial establishments that may be constructed for the purpose of making commercial use of the lake or its facilities.

(2) License and permit such establishments and levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of the lake.

B. The rules and regulations established and promulgated by the board of commissioners pursuant to this Section shall provide penalties for any commercial establishment operating without a permit or license.

Acts 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:3087.12 — LA Code / Code revised-statutes / Title 38 / Section 3087.12
Mineral rights
Status: in_force

Whenever it shall become necessary for the district or the Department of Transportation and Development, to acquire full ownership of any land for the purpose of constructing any work or facility within the district, the owner thereof in his own behalf or in behalf of his assigns in the event of a prior assignment may retain the mineral rights to such property together with the right to grant mineral leases and servitudes thereon. No form of prescription shall divest such owner or his assigns of these rights so long as the district, the department, or some other department or agency of the state retains the ownership of the property, but should ownership pass into private hands, the prescription of nonuse provided by R.S. 31:27 shall apply as in the usual case.

Acts 1992, No. 888, §2, eff. July 8, 1992.
La. Rev. Stat. § 38:492 — LA Code / Code revised-statutes / Title 38 / Section 492
Form of bonds
Status: in_force

The form of the bonds and interest coupons attached shall be as prescribed by the attorney general of the state, and each bond shall expressly show that the form thereof has been so prescribed and prepared by the officer whose official signature together with the signature of the chief engineer of the office of engineering and the president and secretary of the levee board or levee and drainage board availing itself of the provisions of this Subpart shall appear on each bond. The bonds issued under this Subpart shall be without prejudice to the bonds heretofore issued by the several levee districts and levee and drainage districts under the provisions of existing laws.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:2361 — LA Code / Code revised-statutes / Title 38 / Section 2361
Emergency projects
Status: in_force

A. Notwithstanding any provision of this Chapter, in the event of a declared emergency under R.S. 29:721 et seq., a project within the jurisdiction of the authority may proceed immediately upon written certification by the governor that the project is necessary to preserve public health, safety, critical military infrastructure, or essential federal navigation or flood control interests.

B. Projects authorized under this Section shall be submitted for ratification in the next annual plan but may proceed prior to such approval.

Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:1868 — LA Code / Code revised-statutes / Title 38 / Section 1868
Powers of election officials; offenses in connection with elections
Status: in_force

The commissioners and clerks of elections held under the provisions of this Part shall have the powers and duties in conducting the election, and in preserving order at the polls, as are conferred and imposed upon similar officers under the general election laws of this state. Whatever is declared in the general election laws to be a felony, other crime or misdemeanor, shall be such for any election held under the provisions of this Part and shall be punished in the same manner.
La. Rev. Stat. § 38:330.6 — LA Code / Code revised-statutes / Title 38 / Section 330.6
Counsel to authority
Status: in_force

The state attorney general and his assistants shall be and are hereby designated as counsel for each flood protection authority in the execution of the purposes of this Chapter and are hereby charged with the responsibility of representing each authority in any and all matters when called upon to do so.

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007.
La. Rev. Stat. § 38:3326 — LA Code / Code revised-statutes / Title 38 / Section 3326
Bylaws; quorum
Status: in_force

A. The board shall adopt bylaws as it deems necessary or advisable for conducting its business affairs by January 1, 2024. The bylaws shall include but not be limited to:

(1) Procedures for the election of officers, including initial terms of office and methods and grounds for removal of officers.

(2) Procedures and grounds for removal of commissioners, which shall include but not be limited to felony conviction and failure of the commissioner to meet board attendance requirements.

(3) Frequency of meetings.

(4) Appointment of standing and special committees as necessary to carry out the purposes of this Chapter.

B. Before entering upon his official duties, each member of the board shall take the oath of office provided by Article X, Section 30 of the Constitution of Louisiana before an officer authorized by law to administer oaths.

C. A majority of the membership of the board shall constitute a quorum for the transaction of business.

Acts 2023, No. 323, §1.
La. Rev. Stat. § 38:2834 — LA Code / Code revised-statutes / Title 38 / Section 2834
Supervisory control over board
Status: in_force

All the powers and duties conferred upon the Board of Commissioners herein shall be subject to the supervisory control of the Department of Public Works of the State of Louisiana and to the Wildlife and Fisheries Commission of the State of Louisiana or its successor, with jurisdiction by the latter over the fish, game and wildlife of the State of Louisiana and of the said Black Bayou Watershed District.

Added by Acts 1966, No. 262, §14.
La. Rev. Stat. § 38:22 — LA Code / Code revised-statutes / Title 38 / Section 22
Definitions
Status: in_force

When used in this Chapter, the following words, terms, and phrases shall have the following meaning:

(1) "Dam" is any artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. This definition does not include any dam or barrier that is not or will not be in excess of six feet in height, regardless of storage capacity, or which has or will have a storage capacity of maximum water storage capacity not in excess of fifteen acre-feet, regardless of height.

(2) "Dam height" means the difference in elevation of the bed of the watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the lowest point on the crest of the dam excluding any spillways or controlled openings.

(3) "Modification" means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance.

Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.
La. Rev. Stat. § 38:2292 — LA Code / Code revised-statutes / Title 38 / Section 2292
Acceptance or rejection of closed specification
Status: in_force

The approving authority may accept a closed specification only after it determines that all products brought to its attention are excludable under the provisions of R.S. 38:2290, however, the approving authority must reject the closed specification, should another product of equal utility and appearance be submitted to them prior to letting of the bid, in which event the specifications must be amended so as to allow substitution of an equal.

Added by Acts 1965, No. 40, §1.
La. Rev. Stat. § 38:404 — LA Code / Code revised-statutes / Title 38 / Section 404
Levee commissioners and levee and drainage commissioners to levy taxes
Status: in_force

For the purpose of providing revenue to carry out the objectives contemplated by this Chapter, the board of commissioners of any levee district or levee and drainage district of this state at any meeting at which there is a quorum may by a majority vote levy annually on all property in the district subject to taxation for levee purposes, all district levee taxes authorized by Article VI, Section 39 of the Louisiana Constitution. These district levee tax funds may be deposited, unless otherwise provided, with the state treasurer and kept in a separate account to the credit of the respective levee districts or levee and drainage districts. Funds may be drawn from the treasurer only upon warrants signed by the president and attested by signature of the secretary.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2564 — LA Code / Code revised-statutes / Title 38 / Section 2564
Supervisory control over board
Status: in_force

All the powers and duties conferred upon the board of commissioners herein shall be subject to the supervisory control of the department of public works of the state of Louisiana and to the wildlife and fisheries commission of the state of Louisiana or its successor, with jurisdiction by the latter over the fish, game and wildlife of the state of Louisiana and of the said Bayou D'Arbonne Lake Watershed District.

Added by Acts 1956, No. 9, §14.
La. Rev. Stat. § 38:2337 — LA Code / Code revised-statutes / Title 38 / Section 2337
Chapter as complete authority; audits and reports; construction of Chapter
Status: in_force

This Chapter shall be full, complete and independent authority for the performance of all acts herein authorized, and no other statute or legislative act shall be construed to be applicable to the carrying out of the powers herein granted unless herein expressly so made applicable. No publication of any notice or proceeding shall be necessary except as expressly herein provided, nor shall any proceedings adopted by the board of commissioners hereunder be subject to referendum nor to any election requirement. A complete book of accounts shall be kept by the Authority. Within 90 days after the close of each fiscal year, the account books and records of the Authority and of the depository of the Authority shall be audited by the state auditor or his legal successor in such manner as to enable him to report to the legislature as to the manner and purpose of the expenditure of all funds of the Authority, and report thereon shall be submitted at the first regular meeting of the board of commissioners thereafter. Two copies of such report shall be filed in the office of the Authority, one shall be filed with the governor, one shall be filed with the lieutenant governor, and one shall be filed with the speaker of the house of representatives. All of such copies shall be open to public inspection. This Chapter being intended to carry out a function of the state to protect the health and welfare of the inhabitants of the portion of the state to be affected hereby, shall be liberally construed by the courts to effect its purposes.

Added by Acts 1956, No. 432, §6.
La. Rev. Stat. § 38:2113 — LA Code / Code revised-statutes / Title 38 / Section 2113
Letting contracts
Status: in_force

Any and all contracts of the district may be let by the governing authority thereof without advertisement, but the governing authority may provide for a public letting of any of its contracts if it sees fit, on the terms, and subject to the conditions, which it may fix in the ordinance calling for bids. The person to whom the contract is awarded shall furnish, within the delay fixed by the governing authority, a bond of a surety company authorized to do business in Louisiana, in the amount required by law relating to contracts for public works, and conditioned that the work shall be performed in accordance with the plans and specifications and the terms of the contract, and the governing authority thereof shall demand any other bonds and obligations which the laws relating to public contracts require the contractor to give.

The governing authority may execute any and all work with its own force and equipment and under its own supervision, or the work may be executed on behalf of and for the benefit of the district by the United States of America, or any agency, department or commission thereof, or any other body which is now or may hereafter be organized under the laws of the United States of America.
La. Rev. Stat. § 38:90.8 — LA Code / Code revised-statutes / Title 38 / Section 90.8
Notification to proper authority of project status by office of engineering
Status: in_force

After receipt of the list of projects adopted by the legislature, the office shall determine if each project lies solely within the jurisdiction of one authority or is partially located within other authorities. The office shall notify each authority affected by the projects in the plan of the status of each project.

Added by Acts 1982, No. 351, §1; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1 st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:2571 — LA Code / Code revised-statutes / Title 38 / Section 2571
Grant of state lands to district; right of mineral leases unabridged
Status: in_force

All lands belonging to the state of Louisiana which are enclosed in the said area, as provided in R.S. 38:2551, and which are necessary to the erection and maintenance of said Bayou D'Arbonne Lake are hereby granted to the Bayou D'Arbonne Lake Watershed District for the purposes herein set out, but this grant shall in no wise abridge the right of the state to lease the said land for the production of oil, gas and other minerals under the general laws of the state as now provided.

Added by Acts 1956, No. 9, §21.
La. Rev. Stat. § 38:1665 — LA Code / Code revised-statutes / Title 38 / Section 1665
Reorganization procedure
Status: in_force

The owners of a majority of acreage of the lands in each drainage district, desiring to reorganize or to consolidate and reorganize under the provisions of this Part, shall present a petition to that effect to the police jury of the parish in which the drainage district or districts is situated, or if situated in more than one parish, then to the police jury of the parish in which the greater portion of the lands of the district or districts is situated. The petition shall contain a statement showing the name and boundaries of the drainage district or districts, the name desired for the reorganized drainage district, and shall be accompanied by a certificate as to the land owners and acreage as provided in R.S. 38:1604. The petition shall be approved by the board of commissioners of each drainage district, and shall be accompanied by the approval of the Department of Public Works as provided in R.S. 38:1605.

The police jury shall adopt an ordinance creating the reorganized drainage district, and appointing commissioners therefor in the same manner as provided in this Part for creating new drainage districts.

The ordinance shall be recorded by the clerk of court and recorder of each parish in which is situated any land in the reorganized drainage district in the drainage district record of his office.
La. Rev. Stat. § 38:2238.2 — LA Code / Code revised-statutes / Title 38 / Section 2238.2
Methods of procurement
Status: in_force

A. A political subdivision may procure used fire or emergency response vehicles through a request for proposals which shall conform to the following requirements:

(1) Specifications for the used fire or emergency response vehicles and associated equipment shall be prepared in advance, shall designate the specific class or classes of vehicles desired, and may include all features associated with such class or classes of vehicles. The specifications may also include requirements for the maintenance of the vehicles if desired.

(2)(a) Public notice of the request for proposals shall be given at least ten days prior to the date scheduled for opening the request for proposals. The public notice under this Part shall require the publication of at least one advertisement in a newspaper in the locality, and the publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday. In addition to the newspaper advertisement, this public notice may also be given by electronic media available to the general public.

(b) Within twenty-four hours of the public notice, written notice of the request for proposals shall be mailed to persons, firms, or corporations who are known to be in a position to furnish such vehicles and associated equipment. This public notice may also be given by electronic media available to the general public. In addition, copies of the request for proposals shall be available upon request within twenty-four hours of the public notice.

(3) The request for proposals shall:

(a) Indicate the relative importance of price, warranties, and other evaluation factors.

(b) Clearly define the tasks to be performed under the contract.

(c) Delineate the functional specifications.

(d) Indicate criteria to be used in evaluating the proposals.

(e) Specify the time frame for delivery.

(4) An award shall be made to the responsible offerer whose proposal is determined in writing by the governing authority of the political subdivision to be the most advantageous, taking into consideration price, warranties, and other evaluation factors set forth in the request for proposals. No other basis of evaluation shall be used except those set out in the request for proposals.

(5) The governing authority of the political subdivision may reject all proposals when it is deemed that such action is in the best interest of such political subdivision.

(6) When written proposals are submitted by vendors, the proposals of the successful vendor shall be incorporated into the final contract consummated with that vendor.

(7) The governing authority shall have the right to reject the vehicle before accepting final delivery upon the inspection of the vehicle.

B. Political subdivisions may, at their option, procure such used fire or emergency response vehicles in accordance with the provisions of any other applicable law which governs such acquisitions or purchases by political subdivisions of the state, including but not limited to R.S. 38:2211 et seq. However, it shall be the responsibility of the political subdivision to clearly include in its public notice which procurement provisions shall be utilized.

Acts 1999, No. 296, §1, eff. June 11, 1999; Acts 2002, 1st Ex. Sess., No. 120, §1; Acts 2004, No. 196, §1, eff. June 14, 2004.
La. Rev. Stat. § 38:1869 — LA Code / Code revised-statutes / Title 38 / Section 1869
Submission of several questions at one time
Status: in_force

The board of commissioners of any consolidated gravity drainage district shall submit the question of the assumption of district debts to the qualified voters at the same time that an election shall be ordered for the purpose of incurring debt and issuing bonds authorized by law. If more than one proposition be submitted at the same special election, each proposition shall be so submitted on the ballot and shall be so stated in the notice of election so as to enable the voter to vote thereon separately.
La. Rev. Stat. § 38:3087.145 — LA Code / Code revised-statutes / Title 38 / Section 3087.145
Oaths
Status: in_force

Before commencing his official duties each member of the board of commissioners shall take an oath, before an officer authorized by law to administer an oath, that he will faithfully, honestly, and impartially perform his duties.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:142 — LA Code / Code revised-statutes / Title 38 / Section 142
Drainage of levee and parallel or contiguous road
Status: in_force

Local governing bodies shall thoroughly drain all public roads which are parallel or contiguous to any public levee, shall cut across public roads all ditches and drains necessary to effect the complete and perfect drainage of the roads and levees, and shall connect the drains and ditches with those on private property abutting on the road.

Acts 2025, No. 452, §2.
La. Rev. Stat. § 38:2253 — LA Code / Code revised-statutes / Title 38 / Section 2253
Preference to firms doing business in state
Status: in_force

In making any purchase it shall be the duty of the officer, purchasing agent, board, district or commission, all things being equal, to give preference to firms doing business in the State of Louisiana. However, this preference shall be inferior to and superseded in instances of conflict with that preference granted by R.S. 38:2251.

Added by Acts 1958, No. 318, §3. Amended by Acts 1974, No. 539, §1.
La. Rev. Stat. § 38:494 — LA Code / Code revised-statutes / Title 38 / Section 494
Failure to levy taxes and local contributions; extension and collection
Status: in_force

In case of the failure of the levee board or levee and drainage board to levy the taxes and local contributions as provided for in R.S. 38:493 or in case from any other cause the taxes and local contributions are not so levied, the state auditor or whatever officer may at any time be charged with the functions of state auditor shall order the proper officers to extend the taxes upon the assessment rolls of the several parishes composing the levee district or levee and drainage district and shall order the proper officers of the parishes to collect the taxes and local contributions to an amount sufficient to meet the purposes provided for by R.S. 38:493, and the officers shall assess and collect the taxes and local contributions as ordered. The taxes and local contributions are now, once and for all levied and ordered to be collected to an amount sufficient to provide for the payment of the interest. The present levy of the taxes and local contributions shall be operative only in the event the taxes and local contributions are not otherwise levied either because of failure on the part of the levee board or levee and drainage board to perform the duty imposed upon it by R.S. 38:493 or from any other cause.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.341 — LA Code / Code revised-statutes / Title 38 / Section 3087.341
Creation
Status: in_force

There is hereby created a recreation and water conservation district to be known as the "Lake St. John Recreation and Water Conservation District".

Acts 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:3087.75 — LA Code / Code revised-statutes / Title 38 / Section 3087.75
Election of officers; record book; public inspection
Status: in_force

A. Immediately after the commissioners have been appointed by the Caddo Parish governing authority, or as soon thereafter as practicable, the commissioners shall meet and immediately organize by electing officers as follows: they shall elect from among their number a president who shall preside over the meetings of the board and perform such other duties as are usually required of presidents of corporate bodies, and also a vice president who shall perform the duties of the president in case of his absence or disability, and such other officers as the board finds necessary or convenient.

B. The board shall cause to be kept a well-bound book entitled "Record Book of Caddo Lake Watershed District", in which shall be recorded the minutes of all meetings, all proceedings, certificates, oaths of commissioners, bonds of employees and contractors, and any and all corporate acts. The records shall be in the possession of the secretary of the board and shall be open to public inspection at all times by any person interested.

Acts 1995, No. 345, §1.
La. Rev. Stat. § 38:84.1 — LA Code / Code revised-statutes / Title 38 / Section 84.1
Required compliance with certain local ordinances relative to flood control
Status: in_force

Each state agency, and each public and quasi-public agency of the state, shall, except with respect to the construction and maintenance of bridges and highways, comply with all ordinances, rules, and regulations, including zoning and land use regulations, adopted by any parish or municipality of the state pursuant to the authority of the National Flood Insurance Act of 1968, Title 42, United States Code, Sections 4001 through 4127.

Acts 1992, No. 356, §1.
La. Rev. Stat. § 38:3087.262 — LA Code / Code revised-statutes / Title 38 / Section 3087.262
Board of commissioners; appointments; terms; vacancies
Status: in_force

A. The board of commissioners of the Webster Parish Watershed District, referred to in this Part as the "board", is hereby created. The control and management of the affairs of the district shall be vested in the board. The board shall be composed of seven members all of whom shall be appointed by the Webster Parish Police Jury. Each member shall be a qualified voter and resident of the district, and the membership of the board shall be representative of the various geographical areas of the district. Members shall possess additional qualifications as follows:

(1) Be dedicated to the goal of providing a secure source of safe drinking water for present and future citizens of Webster Parish.

(2) Be experts in the production of water and system management or in another field of work pertinent to the purposes of the district.

(3) Be dedicated to the team approach of goal setting and problem solving.

(4) Be willing to volunteer time and effort as needed to accomplish district objectives.

B.(1) Members shall serve four-year terms after initial terms as provided in Paragraph (2) of this Subsection.

(2) Two members shall serve initial terms of one year; two shall serve initial terms of two years; two shall serve initial terms of three years; and one shall serve an initial term of four years, as determined by lot at the first meeting of the board.

(3) Notwithstanding any other provision of law to the contrary, no person shall serve consecutive terms. However, if a person has been appointed to fill less than one-half of an unexpired term, such person may serve consecutively no more than one full term in addition to such partial term. If a person has been appointed to fill more than one-half of an unexpired term, such person shall not serve a consecutive term in addition to such partial term. At the conclusion of such service, a board member who becomes subject to any of these limitations shall not serve on the board for one year. Upon the expiration of one year, such member shall be eligible to serve again, subject to the same limitations.

C. Any vacancy which occurs in the membership of the board shall be filled in the same manner as the original appointment.

D. The commissioners shall elect from their membership a chairman, a vice chairman, and a secretary-treasurer. The duties of the officers shall be fixed by the bylaws adopted by the board.

E. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. It shall hold regular meetings as shall be prescribed by the bylaws and may hold special meetings at such times and places within the district as may be prescribed by the bylaws.

F. A majority of the membership of the board shall constitute a quorum for the transaction of business.

G. The members of the board shall serve without compensation but may receive reimbursement for expenses actually incurred in the performance of official duties.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:3087.98 — LA Code / Code revised-statutes / Title 38 / Section 3087.98
Parcel fee
Status: in_force

A.(1) The Lake Bruin Recreation and Water Conservation District may levy and collect a parcel fee within its boundaries which shall not exceed one hundred dollars per parcel per year, which parcel fee shall be imposed by resolution or ordinance of the board of commissioners of the district only after the question of the imposition of the parcel fee and the purpose, rate, and duration of such fee has been approved by a majority of the qualified electors of the district voting at an election held therein. The proceeds from the levy of said parcel fee shall be expended for costs of operation of the district, including management and control of water levels and aquatic plant growth within the district and protection and preservation of the works, improvements, and properties owned or controlled by the district, prescribing the manner of their use by public corporations and persons, and preserving order within and adjacent thereto. Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. Such fee may be carried on the tax rolls for Tensas Parish and collected at the same time as parish ad valorem taxes.

(2) If any parcel fee is not paid when due, the district shall proceed against the parcel for collection of the amount of the fee unpaid and delinquent, any collection costs incurred by the district plus interest at a rate not exceeding twelve percent on the unpaid amount of the parcel fee, and in the event legal proceedings are necessary to effect collection, court costs, and reasonable attorney fees. However, attorney fees shall be payable by the parcel owner only if demand by the board of commissioners has been made on said owner by certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand.

(3) A judgment obtained for nonpayment of a parcel fee, upon being recorded in the mortgage records of Tensas Parish, shall prime all other liens except those for taxes and prior recorded local or special assessments. If there are one or more property mortgages on such parcel and the mortgage holder or holders have notified the tax collector in the parish of such recorded mortgage in accordance with the requirements of R.S. 47:2180.1, the district, prior to proceeding against such parcel for failure to pay a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee due and owing on such parcel and that such fee must be paid within twenty days after mailing the notice or proceedings will be commenced against the parcel. The notice shall be sent to each such mortgage holder by certified mail, return receipt requested, or by personal or domiciliary service on such mortgage holder.

B.(1) The district may incur debt and issue bonds payable from an irrevocable pledge and dedication of all or a portion of the proceeds of the parcel fee, provided that the question of funding said proceeds into bonds shall have been approved by a majority vote of the qualified electors of the district voting at an election held therein and the State Bond Commission has approved the issuance of the bonds. The question or proposition with respect to the funding of the proceeds of the parcel fee may be submitted at a separate election held for that purpose. The maturities of the bonds shall be so arranged that the total amount of principal, and interest falling due in such year on all bonds theretofore issued payable from such parcel fee, shall not exceed eighty percent of the estimated proceeds to be received from the levy of such parcel fee in the calendar year in which the bonds are issued.

(2) The bonds may be sold at public or private sale and shall be issued pursuant to the provisions of a resolution adopted by the board of commissioners of the district, provided the bonds shall mature over a period not to exceed the period for which the parcel fee, the proceeds of which are to be used to pay principal and interest on the bonds, is authorized. The bonds and the income therefrom shall be exempt from taxation by the state and by any parish, municipality, or political subdivision thereof.

C. The district may incur debt and issue certificates of indebtedness pursuant to the provisions of R.S. 33:2921 through 2925, subject to the approval of the State Bond Commission.

D. A "parcel" as used in this Section shall mean one or more lots, subdivided portions of ground, or individual tracts identified by an individual assessment number on the assessment rolls of Tensas Parish. A partial owner of a parcel shall be responsible for that proportion of the parcel fee equal to the proportion of the value of the entire parcel assigned to the partial owner on the assessment roll.

E. The district may create different classes of real estate and present to the voters a proposition to levy or impose different parcel fees for each class.

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:2804 — LA Code / Code revised-statutes / Title 38 / Section 2804
Board of commissioners created
Status: in_force

The Board of Commissioners of the Franklin Parish Watershed District, with the powers and duties provided herein, is hereby created and established as the governing authority of the Franklin Parish Watershed District.

Added by Acts 1966, No. 101, §4.
La. Rev. Stat. § 38:2568 — LA Code / Code revised-statutes / Title 38 / Section 2568
Attorney general as counsel
Status: in_force

The attorney general of the state of Louisiana and his assistants shall be and are hereby designated as counsel for the state department of public works and the said district in the execution of the purposes of this Part and are hereby charged with the responsibility of representing the said state department of public works and the board of commissioners in any and all matters when called upon to do so.

Added by Acts 1956, No. 9, §18.
La. Rev. Stat. § 38:1664 — LA Code / Code revised-statutes / Title 38 / Section 1664
Reorganization of existing districts permitted
Status: in_force

Any drainage district heretofore organized, or any drainage district now in process of organization, under any previous or existing law of the state, for the purpose of draining and reclaiming the undrained marsh, swamp or overflowed lands of the state that must be leveed and pumped in order to be drained and reclaimed, may reorganize, or any two or more drainage districts may consolidate and reorganize under the provisions of this Part. The reorganized district shall be deemed created under this Part, and entitled to the benefit of all the provisions of this Part.
La. Rev. Stat. § 38:1633 — LA Code / Code revised-statutes / Title 38 / Section 1633
Levy of maintenance tax
Status: in_force

To maintain and preserve the ditches, drains, levees, or other improvements, and to strengthen, repair, and restore them, when needed, and for the purpose of defraying the current expenses of the district, or sub-district, the board of commissioners may, upon the completion of the improvements and on or before the first day of September in each year thereafter, levy a tax upon each tract or parcel of land and upon private corporate property within the district or sub-district, to be known as a maintenance tax. The maintenance tax shall be apportioned upon the basis of the net assessments of benefits accruing for original construction, shall not exceed five per cent thereof in any one year, and shall be certified to the sheriff and ex-officio tax collector of each parish in which lands of the district are situated in the same book, in like manner and at the same time as the annual installment tax is certified, but in a separate column, under the heading, "Maintenance Tax". The tax collector shall demand and collect the maintenance tax and make return thereof, and shall receive the same compensation therefor and be liable for the same penalties for failure or neglect so to do as is provided herein for the annual installment tax.
La. Rev. Stat. § 38:2116 — LA Code / Code revised-statutes / Title 38 / Section 2116
Levy of acreage tax or forced contribution
Status: in_force

Any irrigation district created under this Part may, through its governing authority, when petitioned to do so by landowners owning a majority of the acres of land in the district, outside of the corporate limits of incorporated towns and cities, levy and impose and order the assessment and collection of an acreage tax or forced contribution, not exceeding ten cents per acre per year for a period not exceeding forty years on each acre of land in the district, for the purpose of maintaining and operating the irrigation district or any property necessary for the purposes of the district.
La. Rev. Stat. § 38:356 — LA Code / Code revised-statutes / Title 38 / Section 356
Notice to defendant
Status: in_force

A. Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit notifying him that the property described in the petition has been expropriated for levee purposes.

B. This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2608 — LA Code / Code revised-statutes / Title 38 / Section 2608
Enumerated powers
Status: in_force

In order to accomplish the purposes of the district and to secure the best results from the construction, operation and maintenance of the works and improvements of the district and to prevent damage to the property of the district, the board of commissioners may make such rules and regulations as it shall deem advisable to:

(1) Protect and preserve the works, machinery, improvements and property owned or controlled by the district and to prescribe the manner of their use;

(2) Prescribe the manner of buildings, bridges, roads, fences or other works in, along or across any channel, reservoir or other construction of the district;

(3) Prescribe the manner in which ditches, sewers, pipelines or other works shall be adjusted to or connected with the facilities of the district or any water course within the district and the manner in which the water courses of the district may be used for the disposal of waste;

(4) Prescribe the permissible uses of the waters of the district made available by its facilities and to prevent the pollution or the unnecessary waste of such water;

(5) Prohibit or regulate the discharge of sewers into the district of any liquid or solid waste deemed detrimental to the waters or facilities of the district.

Added by Acts 1958, No. 292, §8.
La. Rev. Stat. § 38:3087.152 — LA Code / Code revised-statutes / Title 38 / Section 3087.152
Mineral rights
Status: in_force

Whenever it shall become necessary for the district or the Department of Transportation and Development to acquire full ownership of any land for the purpose of constructing any work or facility within the district, the owner thereof in his own behalf or in behalf of his assigns in the event of a prior assignment may retain the mineral rights to such property together with the right to grant mineral leases and servitudes thereon. No form of prescription shall divest such owner or his assigns of these rights so long as the district, the department, or some other department or agency of the state retains the ownership of the property, but should ownership pass into private hands, the prescription of nonuse provided by R.S. 31:27 shall apply as in the usual case.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:1705 — LA Code / Code revised-statutes / Title 38 / Section 1705
Rights of district in which land formerly included
Status: in_force

Where any lands included in a drainage district created under the provisions of this Part were liable together with other lands under prior organization for any indebtedness or contract, bonded or otherwise, and for the liquidation of which taxes were assessable and collectible, then and in that event, the governing authority of the drainage district or districts within which the lands were formerly included shall continue to levy and collect any and all taxes and charges for which the lands were liable under prior organization to the same extent, but no further, as if the lands had not been separately organized. The district or districts within which the lands were formerly included shall have no other rights, control, or authority over the lands than herein set forth. Where the lands were alone liable for any indebtedness or contract, bonded or otherwise, then and in that event, the governing authority of the drainage district or districts within which the lands were formerly included shall have no rights, control, or authority whatever over the lands after they shall have been separately organized.
La. Rev. Stat. § 38:90.7 — LA Code / Code revised-statutes / Title 38 / Section 90.7
Deletion, addition, or substitution of projects by office of engineering; progress reports required
Status: in_force

After adoption of the committee's recommendations by the legislature, the approved list of projects shall be forwarded to the office of engineering for implementation subject to limitation of allocated funds. The office shall not delete, add, or substitute any projects for those approved by the legislature; however, the secretary of the department may, at his discretion, authorize projects to be undertaken and financed due to an emergency out of the secretary's emergency fund. At least semiannually or more often, as required by the committee, the office shall summarize the progress to date on all projects previously approved and shall submit a recapitulation of all emergency projects for the preceding six-month period, outlining the nature of the emergency and the cost of each project.

Added by Acts 1982, No. 351, §1; Acts 1998, 1st Ex. Sess., No. 64, §3, eff. July 1, 1998; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1 st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:3087.264 — LA Code / Code revised-statutes / Title 38 / Section 3087.264
Oaths
Status: in_force

Before entering upon his official duties, each member of the board of commissioners shall take the oath of office provided by Article X, Section 30 of the Constitution of Louisiana before an officer authorized by law to administer oaths.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:101 — LA Code / Code revised-statutes / Title 38 / Section 101
West Bank hurricane protection projects
Status: in_force

A. For the purpose established in this Chapter, the Coastal Protection and Restoration Authority Board shall be designated the nonfederal sponsor for the construction of the Westwego to Harvey Canal hurricane protection project, for modifications of the Westwego to Harvey Canal hurricane protection project to include the Lake Cataouatche area, the East of Harvey Canal hurricane protection project, and for any other future project modifications or additions within the parishes of Jefferson, Orleans, Plaquemines, and St. Charles. The chairman of the Coastal Protection and Restoration Authority Board is authorized to negotiate and contract with the United States of America to provide such assurances and cooperation as are necessary for the purposes authorized in this Chapter, including the negotiation and contract for any future modifications to the current local cooperation agreement between the West Jefferson Levee District and the Department of the Army for the Westwego to Harvey Canal hurricane protection project. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority is authorized to contract for the construction of these projects, including any future project modifications or additions, and for the financing of the nonfederal share of the construction cost by the United States to be repaid by the state, with interest over a thirty-year period.

B. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority is authorized to proceed and cooperate in the planning, engineering, design, and construction of the Westwego to Harvey Canal hurricane protection project, for modifications of the Westwego to Harvey Canal hurricane protection project to include the Lake Cataouatche area, the East of Harvey Canal hurricane protection project, and for any other future project modifications or additions within the parishes of Jefferson, Orleans, Plaquemines, and St. Charles; to wit, providing the highest level of hurricane protection, consisting of levees, floodwall, floodgates, and related structures, as may be economically justified for those portions of Jefferson, Orleans, Plaquemines, and St. Charles parishes located on the west bank of the Mississippi River generally between the easternmost guide levee of the Davis Pond Freshwater Diversion Project in St. Charles Parish and the community of Oakville, Louisiana, in Plaquemines Parish.

C. Upon completion of the construction of the hurricane protection projects, the responsibility for maintenance and operation of the hurricane protection system shall be assumed by the West Jefferson Levee District, the Orleans Levee District, Plaquemines Parish, and the Lafourche Basin Conservation Levee and Drainage District, respectively for those portions of the system within each of the parishes.

Acts 1993, No. 1012, §1, eff. June 25, 1993; Acts 2008, No. 503, §1; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012; Acts 2016, No. 459, §1; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:104 — LA Code / Code revised-statutes / Title 38 / Section 104
Construction of Chapter; controlling law
Status: in_force

To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special Act or Parts thereof, the provisions of this Chapter shall be deemed controlling.

Acts 1993, No. 1012, §1, eff. June 25, 1993.
La. Rev. Stat. § 38:1903 — LA Code / Code revised-statutes / Title 38 / Section 1903
Indebtedness and taxes for completion of drainage system
Status: in_force

When debts have been incurred and ad valorem or acreage taxes have been levied, as authorized by the provisions of Section 14 of Article XIV of the Constitution of 1921, for the construction of a gravity drainage system, gravity drainage districts and gravity sub-drainage districts through their respective governing authorities may, without further submission to the property taxpayers, incur an additional indebtedness and levy an additional ad valorem or acreage tax or forced contribution, and fund the tax into bonds, all within the limits prescribed in the provisions of the Constitution for the purpose of perfecting and completing, or of paying the expense or cost of perfecting and completing, the system of gravity drainage, eighty per cent of which shall have been accomplished at the time of incurring the additional indebtedness and the levying of the additional taxes.
La. Rev. Stat. § 38:3087.115 — LA Code / Code revised-statutes / Title 38 / Section 3087.115
Oaths
Status: in_force

Before entering upon his official duties, each member of the board of commissioners shall take the oath of office provided by Article X, Section 30 of the Constitution of Louisiana before an officer authorized by law to administer oaths.

Acts 1999, No. 588, §1.
La. Rev. Stat. § 38:3079 — LA Code / Code revised-statutes / Title 38 / Section 3079
Pumping charges
Status: in_force

A. The pumping charge assessed against each user of groundwater within the district shall be fixed annually upon at least thirty days notice to each user within the district known to the district and general notice by publication; however, the charges assessed against users of groundwater shall not be increased without a public hearing held for the purpose of fixing the pumping charges and opportunity for the submission of all pertinent data concerning total rates of consumption of groundwater within the district, estimated rates of consumption by users within the district, the costs and expenses which must be met during the coming year, costs and expenses which must be met by the pumping charge, and the manner in which the computation of the pumping charge is made. Any user within the district shall have the right to make a presentation by testimony and adduction of evidence and exhibits, and any other interested person shall have the right to be heard by making a personal statement of reasonable length. Any user intending to make a presentation at the hearing resulting in the assessment of pumping charges shall so advise the district at least five days in advance of the hearing and shall indicate the estimated time to be consumed by his presentation. When necessary, in its discretion, the district may limit the time allotted users for their presentations. Further, no pumping charge shall be made against the quantity of water pumped from wells screened in the Mississippi River alluvial aquifer, wells with a total depth of less than four hundred feet, wells used exclusively for bona fide agricultural or horticultural purposes, or wells not capable of producing fifty thousand gallons or more per day.

B. Pumping charges may be made payable by users monthly or on any other reasonable basis set by the district.

Added by Acts 1974, No. 678, §1. Amended by Acts 1976, No. 231, §1; Acts 2025, No. 458, §5, eff. Oct. 1, 2025.
La. Rev. Stat. § 38:2225 — LA Code / Code revised-statutes / Title 38 / Section 2225
Preference in letting contracts for public work
Status: in_force

A. If a nonresident contractor bidding on public work in the state of Louisiana is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors for the same type of work, then every Louisiana resident contractor shall be granted the same preference over contractors domiciled in the other state favoring contractors domiciled therein whenever the nonresident contractor bids on public work in Louisiana.

B. Any local law, either by legislative act or otherwise, ordinance, or executive order enacted prior to the effective date of this Act, or enacted hereinafter in conflict with this Section, or granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section.

C. The Department of Transportation and Development and the office of facility planning and control within the division of administration shall keep on file a list of all states with a bid preference.

D. The provisions and requirements of this Section shall not be waived by any public entity.

Acts 1983, No. 43, §1, eff. June 17, 1983. Acts 1984, No. 894, §2; Acts 2014, No. 759, §1.
La. Rev. Stat. § 38:3303 — LA Code / Code revised-statutes / Title 38 / Section 3303
Appointment and term of commissioners
Status: in_force

A. The board of commissioners shall be composed of sixteen members.

B.(1) Seven members shall be the parish presidents representing the parishes making up the district, or their designee, and shall serve ex officio without appointment.

(2) One member shall be the executive director of the Coastal Protection and Restoration Authority, or his designee, one member shall be the secretary of the Department of Transportation and Development, or his designee, and one member shall be the executive director of the Pontchartrain Levee District Board of Commissioners, or his designee, all serving in a nonvoting advisory role.

C.(1) The remaining six members shall serve at large and shall be appointed by the governor, subject to Senate confirmation, from nominations submitted by the representatives and senators whose districts include any portion of the district.

(2) Priority shall be given to nominees that reside in the district or any parish within it; however, district or parish residency is not required.

(3)(a) Each legislator within the district may nominate up to two persons meeting the qualification requirements per vacant position.

(b) If no nominees meeting the qualification requirements are submitted for a seat, the governor may choose his own.

D. At-large commissioners shall serve a term of four years, staggered with three positions expiring every two years. Initial terms shall be two years for three commissioners and four years for three commissioners, chosen by lot. The existing board shall terminate effective January first following enactment of this Act.

E. All six commissioners-at-large shall have at least seven years of professional experience in their discipline, of which at least four shall be engineers, project managers, certified floodplain managers, or professionals in a drainage-related field such as geotechnical, hydrological, or environmental science. Parish commissioner designees are encouraged to be, but need not be, professionals as provided for in this Subsection.

F. Appointment of, or voting by, public servants to the board of commissioners shall not constitute violation of the dual officeholding and dual employment law, R.S. 42:61 et seq., or the Code of Governmental Ethics, R.S. 42:1101 et seq., but such persons shall not vote on any matter in which they have a personal financial interest other than as a resident of the district.

Added by Acts 1981, No. 896, §1. Amended by Acts 1982, No. 111, §1; Acts 1983, 1st Ex. Sess., No. 12, §§1, 2, eff. Jan. 19, 1983; Acts 1984, No. 907, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
La. Rev. Stat. § 38:3321 — LA Code / Code revised-statutes / Title 38 / Section 3321
Creation; boundaries
Status: in_force

The Acadiana Watershed District, referred to in this Chapter as the "district", is hereby created. The district shall lie within the Atchafalaya, Mermentau, Mermentau Headwaters, Teche, and Vermilion watersheds, situated in the parishes of Acadia, Allen, Avoyelles, Calcasieu, Cameron, Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, Pointe Coupee, Rapides, St. Landry, St. Martin, St. Mary, and Vermilion. The district boundaries within those parishes shall be aligned with the geographic area composed of Hydrologic Unit Subbasins 08080101, 08080102, 08080103, 08080201, and 08080202, as defined by the United States Geological Survey Watershed Boundary Dataset as of August 1, 2023. The Louisiana Watershed Flood Center at the University of Louisiana at Lafayette, in consultation with the office of state lands and the Coastal Protection and Restoration Authority, shall submit to the legislature a detailed legal description of the Acadiana Watershed District boundaries by January 1, 2024.

Acts 2023, No. 323, §1.
La. Rev. Stat. § 38:371 — LA Code / Code revised-statutes / Title 38 / Section 371
Challenges for cause
Status: in_force

A juror may be challenged for cause based upon any of the following:

(1) When the juror lacks a qualification required by law.

(2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial.

(3) When the relations, whether by blood, marriage, employment, friendship, or enmity, between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict.

(4) When the juror served on a previous jury which tried the same case or one arising out of the same facts.

(5) When the juror refuses to answer a question on the voir dire examination on the ground that his answer might tend to incriminate him.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2841 — LA Code / Code revised-statutes / Title 38 / Section 2841
Grant of state lands to district; right of mineral leases unabridged
Status: in_force

All lands comprising the bed and bottom of Black Bayou belonging to the State of Louisiana within the said area, as provided in R.S. 38:2821, and which are necessary to the erection and maintenance of said Black Bayou Lake are hereby granted to the Black Bayou Watershed District for the purposes herein set out, but this grant shall in no wise abridge the right of the state to lease the said land for the production of oil, gas and other minerals under the general laws of the state as now provided.

Added by Acts 1966, No. 262, §21.
La. Rev. Stat. § 38:322 — LA Code / Code revised-statutes / Title 38 / Section 322
Annual audit; report
Status: in_force

The legislative auditor or a certified public accountant shall conduct a biennial audit of each levee board and levee and drainage board pursuant to R.S. 24:513(A) and shall issue and distribute all audit reports pursuant to R.S. 24:516(A). However, at the request by such a board, there shall be an annual audit.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1986, No. 130, §1.

{{NOTE: REGARDING R.S. 38:322, SEE ALSO R.S. 38:1114(D) AS PER ACTS 1985, NO. 466, §2, WHICH MAY BE CONFLICTING.}}
La. Rev. Stat. § 38:1774 — LA Code / Code revised-statutes / Title 38 / Section 1774
Polling places; ballot boxes; election officers; right to vote
Status: in_force

The governing authority ordering the election shall designate the polling places, provide the ballot boxes, ballots, valuations of property, and statement of the voters in number and amount, and fix the compensation of the election officers. It shall appoint for each polling place three commissioners and one clerk of election. Only property taxpayers qualified as electors under the constitution and laws of this state shall be entitled to vote at any election hereunder. The qualifications of the taxpayers as voters shall be as prescribed by the constitution and statutes without regard to sex. There shall be no voting by proxy.
La. Rev. Stat. § 38:1674.14 — LA Code / Code revised-statutes / Title 38 / Section 1674.14
Sunset Drainage District of St. Charles Parish; acreage tax
Status: in_force

The governing authority of the Sunset Drainage District of St. Charles Parish may annually levy an acreage tax in an amount not to exceed twenty dollars per acre on each acre of land in the district for the purpose of improving, operating, and maintaining any drainage facilities, including but not limited to pumps, drains, levees, and other drainage works. Said tax shall be levied and collected in the manner provided in R.S. 38:1619(C), (D), and (E).

Acts 1989, No. 720, §1, eff. July 8, 1989.
La. Rev. Stat. § 38:3087.93 — LA Code / Code revised-statutes / Title 38 / Section 3087.93
District as political subdivision and body corporate; purpose and powers
Status: in_force

A. The district so created shall be a political subdivision of the state of Louisiana which shall have for its purpose the preservation, promotion, and development of the wealth and natural resources of the district by the conservation of the soil and water of Lake Bruin for agricultural, recreational, commercial, and sanitary purposes and by the regulation of aquatic plant growth.

B. It shall constitute a body corporate in law with all powers, rights, privileges, and immunities of a corporation. It shall have the power to sue and be sued, to buy and sell, to levy taxes, to negotiate and execute contracts, and to incur debts and issue negotiable bonds in payment thereof under and in accordance with existing law. It shall have the authority to acquire by purchase, donation, or otherwise every type and specie of property, including servitudes and rights of use necessary to its purpose, and to lease, build, operate, and maintain any works or machinery designed to accomplish the purposes of the district.

C. It shall have complete control over the supply of fresh water of Lake Bruin and Brushy Lake which shall be administered for the benefit of the persons residing or owning property within the district, and if it should be for the benefit of the district it shall have the authority to sell such water for irrigation, municipal, and industrial uses both within and outside the district. However, the district shall have no authority to regulate or control any use by any municipality, district, or other person of such water supply which use was being made by such municipality, district, or other person on August 15, 1995, including no authority to charge or collect any fee or charge therefor.

D. The district shall constitute an instrumentality of the state of Louisiana designed to carry out an essential governmental function, and all of the property of the district shall be exempt from state and local sales and use taxation. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof and to accept grants and donations of property and money therefrom. It shall have the authority to cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of the state for the management of the waters of Lake Bruin and Brushy Lake and the construction, operation, and maintenance of facilities designed to accomplish the purpose for which the district is created on any basis including the matching of funds and by participating in projects authorized by any federal or state law as it shall see fit.

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:495 — LA Code / Code revised-statutes / Title 38 / Section 495
Mandamus to enforce discharge of duties; injunction prohibited
Status: in_force

Should any officer charged with the duty of collecting or disbursing the revenues under the provisions of this Subpart fail, neglect, or refuse to perform the duties devolving on him, the board or any holder of bonds issued under this Subpart may apply for and obtain from any court of competent jurisdiction a mandamus to compel the delinquent officer to proceed to discharge his duties pursuant to the provisions of this Subpart, and no court shall enjoin the payment of the principal and interest of the bonds or the levy and collection of the tax.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:326.1 — LA Code / Code revised-statutes / Title 38 / Section 326.1
Authority of Lafourche Basin Conservation Levee and Drainage District police officer; contracts with sheriffs' offices
Status: in_force

A. Those persons who are designated Lafourche Basin Conservation Levee and Drainage District police officers in accordance with this Section are responsible for maintaining order and exercising general police power on the levees within the area of the Lafourche Basin Conservation Levee and Drainage District and upon its surrounding waters in accordance with the rules and regulations promulgated for that purpose by the secretary of the Department of Public Safety and Corrections or his designee. Each such person nominated as a police officer by the president of the Lafourche Basin Conservation Levee and Drainage District shall, upon meeting the requirements of this Section, be commissioned as a peace officer by the Department of Public Safety and Corrections. Such commission shall remain in force and effect at the pleasure of the president of the Lafourche Basin Conservation Levee and Drainage District and the Department of Public Safety and Corrections subject to applicable civil service regulations. These police officers shall have the right to carry concealed weapons and to exercise the power of arrest as peace officers, according to law, within the area of their jurisdiction as provided herein. Each such police officer shall execute a bond in the amount of three hundred thousand dollars in favor of the state of Louisiana for the faithful performance of his duties. The premium on the bond shall be paid by the levee district. Any other provisions of this Section to the contrary notwithstanding, this classification shall not entitle persons to state supplemental pay.

B. Any person arrested by a Lafourche Basin Conservation Levee and Drainage District police officer, in the exercise of the power hereinabove granted, shall be immediately transferred by such officer to the custody of the sheriff or city police wherein the arrest occurs.

C. No person shall be commissioned as a Lafourche Basin Conservation Levee and Drainage District police officer, unless prior to such commissioning the person has, as a minimum requirement, successfully completed a certified law enforcement training course and basic firearms training program, including any annual recertification, and meets the other requirements set by the secretary of the Department of Public Safety and Corrections or his designee.

D. In no event shall the total membership of the Lafourche Basin Conservation Levee and Drainage District Police Force exceed four members. All members shall be in the classified service of the state. The board of commissioners is hereby authorized to expend whatever funds are necessary for the operation and maintenance of the police force.

E. In addition to the provisions of this Section or any other provision of law, the president of the Lafourche Basin Conservation Levee and Drainage District may contract with sheriffs' offices within the area of the Lafourche Basin Conservation Levee and Drainage District for purposes of providing police protection and surveillance of the levee system. No such contract shall be binding or effective until approved by the board of commissioners of the Lafourche Basin Conservation Levee and Drainage District in a public meeting by a record vote of a majority of its membership.

Acts 1985, No. 771, §1; Acts 2005, No. 5, §1; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:2225.7 — LA Code / Code revised-statutes / Title 38 / Section 2225.7
Public private contract protocol requirements
Status: in_force

A. The division of administration shall issue guidance for any local governmental entity that receives state funds and enters into a contract with a third-party entity for the performance of public works for which state funds have been appropriated.

B. All contracts between local governmental entities and third-party entities shall require a preconstruction meeting between the local governmental entity, the contractor, and the design professional of record, with notice to the appropriate state entity, for the purpose of establishing clear expectations of the contract deliverables, project deadlines, accountability standards, payment schedules, and an expedited grievance procedure for complaints. The preconstruction meeting shall accomplish the following:

(1) Establish a designated person who shall be the point of contact for the local governmental entity during the project.

(2) Establish a procedure for the payment by electronic fund transfer or an agreed upon method of payment to contractors.

(3) Establish a procedure whereby the local governmental entity accepts documents which are digitally signed.

C.(1) The division of administration and the Department of Transportation and Development shall develop and maintain software for utilization by local governmental entities and contractors that receive state funding.

(2) All local governmental entities that receive state funding shall utilize the software to measure the time between the close of the pay period and the time the payment estimate is approved for payment and submitted to the owner. The software shall be utilized to process all payment estimates and all parties to the contract shall have the ability to receive requests and track the progress of each payment.

(3) The division of administration and the Department of Transportation and Development shall make the software available for use on or before July 1, 2026.

D.(1) Beginning on July 1, 2026, all elected officials of municipalities and municipal employees, as provided in Paragraph (2) of this Subsection, shall complete a minimum of one hour of annual training on procurement and the letting of public contracts pursuant to R.S. 38:2211 et seq., provided by the legislative auditor. The legislative auditor may contract with a nonprofit entity or other organization to satisfy the training requirement.

(2) The training requirement applies to all municipal employees whose job duties involve procurement activities, including but not limited to the purchase of materials and supplies or public works, or drafting, managing, or supervision of contracts, including but not limited to procurement contracts, cooperative endeavor agreements, contracts for professional services, and the letting of public contracts pursuant to R.S. 38:2211 et seq.

(3) Such training may be provided through web-based means and shall include but not be limited to training on Public Bid Law, public contracts, change orders, and the letting of public contracts pursuant to R.S. 38:2211 et seq.

(4) The legislative auditor shall maintain records to document and certify completion of the training by elected officials of municipalities and municipal employees.

Acts 2025, No. 436, §1, eff. June 20, 2025.
La. Rev. Stat. § 38:3087.349 — LA Code / Code revised-statutes / Title 38 / Section 3087.349
Rules and regulations
Status: in_force

A. In order to accomplish the purposes of the district, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of their use by public corporations and persons, and preserve order within and adjacent thereto.

(2) To prescribe the manner of building bridges, piers, boathouses, seawalls, roads, and fences, including fences for the control of livestock or other works in, along, or across any channel or extending into the lake.

(3) To prescribe the manner in which natural or artificial drains, ditches, sewers, pipelines, or other works shall be adjusted to or connected with the works of the district or any watercourse therein and the manner in which the watercourses of the district may be used for sewer outlets for disposal of waste.

(4) Pursuant to and in accordance with any statewide laws for the management, protection, or regulation of surface water, to prescribe the permissible uses of the water supply provided by the lake and to prevent the pollution or unnecessary waste of such water supply.

(5) To prescribe or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.

(6) To establish rules and regulations and cause them to be enforced with regard to activities engaged in upon Lake St. John that are not regulated by the Louisiana Wildlife and Fisheries Commission.

B. The board shall make recommendations to the Wildlife and Fisheries Commission for proposed regulations pertaining to hunting, fishing, trapping, water sports, boating, and the operation of any watercraft upon the proposed lake.

Acts 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:3087.36 — LA Code / Code revised-statutes / Title 38 / Section 3087.36
Election of officers
Status: in_force

Immediately after the members of the board of commissioners have been appointed, or as soon as thereafter is practicable, they shall meet and organize by electing from their number a president, vice president, and secretary who shall perform the duties normally required of such officers.

Acts 1995, No. 443, §1, eff. June 17, 1995.
La. Rev. Stat. § 38:2604.1 — LA Code / Code revised-statutes / Title 38 / Section 2604.1
Removal procedures
Status: in_force

A. A member of the board of commissioners is subject to removal for any other cause as provided in R.S. 38:2604. Grounds for removal shall include but not be limited to conflicts of interest, failure or refusal to perform the prescribed duties, conduct having a material adverse effect on the work of the district, conduct which meets the definition of a misdemeanor or felony in violation of local, state, or federal law, or failure to attend at least one-half of the meetings of the board of commissioners in any twelve-month period.

B. The appointing authority shall conduct a public removal hearing to remove its appointed commissioner to the board of commissioners of the district when any of the following occur:

(1) The appointing authority files a written petition for removal that has been approved at a meeting of the appointing authority.

(2) A written petition for removal, which has been approved by a majority of the members of the board of commissioners of the district, is submitted to the appointing authority by certified mail or by a commercial courier.

(3) A petition for removal, signed by at least five hundred owners of immovable property within the district who are listed on the assessment rolls by the tax assessor as the owners, is submitted to the appointing authority by certified mail or by a commercial courier. The petition shall list the name of the contact person who shall be designated as the petitioner and who shall receive notices from the appointing authority as to the date on which the public hearing shall occur.

C. Pursuant to Subsection A of this Section, the petition shall list each charge against the commissioner whose removal is sought.

D. The petitioner shall serve the commissioner whose removal is sought with a copy of the petition by certified mail or by a commercial courier. A copy of the receipt from the United States Postal Service or the commercial courier shall be submitted to the appointing authority to document that notice of the petition was given by the petitioner to the commissioner whose removal is sought and the date of such notice.

E. Within five days after the date that the appointing authority is notified in writing that the petition has been given to the commissioner whose removal is sought, the appointing authority shall send notice of a public hearing to the petitioner described in Paragraph (B)(2) or (3) of this Section and to the commissioner whose removal is sought by certified mail or by a commercial courier.

F. The public hearing shall be conducted by the appointing authority no later than thirty days after notice of the public hearing is delivered to the commissioner whose removal is sought.

G.(1) At the public hearing on the removal petition, the appointing authority shall receive testimony and other evidence related to the charges. The commissioner whose removal is sought may offer a defense for the charges against him and offer any other testimony or evidence as a defense to removal.

(2) After the conclusion of the testimony and admission of any other evidence offered by the parties, the members of the appointing authority shall deliberate and vote on whether to remove the commissioner from the board of commissioners for the district at the public hearing. A vote in favor of removal of the majority of the members of the appointing authority who are present shall immediately terminate the commissioner from the board of commissioners of the district.

(3) Subsequent to the vote to remove the commissioner, the appointing authority shall notify the board of the commissioners of the district, and the vacancy shall be filled as provided by R.S. 38:2604.

(4) If the appointing authority fails to conduct a timely public hearing as required pursuant to this Section, the petitioner or petitioners who filed a petition pursuant to Paragraph (B)(2) or (3) of this Section may file a writ of mandamus to compel the appointing authority to hold a public hearing.

H. Nothing in this Section is intended to supersede or replace and shall have no effect on any action taken pursuant to R.S. 42:65 or any action taken pursuant to any other provision of law related to the commissioner whose removal is sought.

Acts 2021, No. 476, §1, eff. June 29, 2021.
La. Rev. Stat. § 38:2316 — LA Code / Code revised-statutes / Title 38 / Section 2316
Applicability
Status: in_force

Except as provided in R.S. 38:2311(C), the provisions of this Part shall not apply to professional service contracts in which the estimated project budget cost is one million dollars or less.

Added by Acts 1975, No. 721, §1. Amended by Acts 1982, No. 618, §1; Acts 1999, No. 921, §1, eff. July 7, 1999; Acts 1999, No. 1013, §1, eff. July 9, 1999; Acts 2024, No. 427, §1, eff. June 3, 2024.
La. Rev. Stat. § 38:365 — LA Code / Code revised-statutes / Title 38 / Section 365
Trial of less than all issues; stipulation
Status: in_force

The trial of all issues for which a jury trial has been requested shall be by jury unless the parties stipulate that the jury trial shall be as to certain issues only, but in all cases there shall be but one trial.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2842 — LA Code / Code revised-statutes / Title 38 / Section 2842
Individual mineral leases unabridged
Status: in_force

The provisions of this Part shall in no wise abridge the right of any individual from whom the flowage rights, rights of way and servitudes may have been acquired by any means however to lease said lands for the production of oil, gas and other minerals and the right of such lessee or his assignee to produce or cause to be produced oil, gas or other minerals therefrom.

Added by Acts 1966, No. 262, §22.
La. Rev. Stat. § 38:3383 — LA Code / Code revised-statutes / Title 38 / Section 3383
Cooperative endeavors
Status: in_force

Any state agency, any parish or municipal governing authority, any regional governing authority, and the governing authority of any airport or deep draft or shallow draft port may engage in one or more cooperative endeavors under the provisions of Article VII, Section 14(C) of the Constitution of Louisiana, among themselves for the purposes of this Chapter.

Acts 1997, No. 1041, §2.
La. Rev. Stat. § 38:2319.8 — LA Code / Code revised-statutes / Title 38 / Section 2319.8
Lease status
Status: in_force

Any equipment-lease-purchase contract entered into pursuant to this Part shall be treated as a lease for all legal purposes without regard to the rights and obligations of the lessee at lease termination or to any interest payment factor, and without necessity of filing a chattel mortgage. The nonprofit lessor shall be deemed owner of the selected equipment during the term of the lease. In addition, the selected equipment shall be deemed to be movable property for all purposes and shall not become a component part of any immovable property notwithstanding any provisions of law to the contrary, including but not limited to Civil Code Articles 465, 466, 467, 493.1, or 495.

Acts 1985, No. 758, §1, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:1619 — LA Code / Code revised-statutes / Title 38 / Section 1619
Acreage tax
Status: in_force

A. The board of commissioners of drainage district organized under the provisions of this Part, immediately after organizing, shall levy and order the assessment and collection of a uniform acreage tax of not more than twenty-five cents per acre upon each acre of land within the limits of the drainage district, to be used to pay the expenses to be incurred in organizing the district, making surveys of the district, assessing benefits and damages, and to pay other expenses necessary to be incurred before the board of commissioners shall be empowered by this Part to provide funds to pay the total cost of works and improvements of the district. In case the boundary lines of the district are subsequently extended so as to include additional lands within its limits, the same uniform tax shall be made immediately upon the additionally included land.

B. Neither the state nor its subdivisions shall ever be liable for the acreage tax or forced contribution authorized by this Section.

C. As soon as the tax is levied, the secretary of the board of commissioners shall assess the tax against each acre of land in the drainage district, upon a triplicate assessment roll suitably bound, and shall file one copy thereof with the recorder of mortgages of the parish or parishes in which the lands of the district are situated, one copy with the tax collector of the parish or parishes, and shall keep the third copy in the records of the board of commissioners of the drainage district. If the drainage district is situated in more than one parish, the assessment roll for each parish shall embrace and include only the lands situated in that parish.

D. The tax shall be due and collectible and shall be a tax lien upon the lands against which it is assessed, immediately upon the rolls being filed as aforesaid, and shall become delinquent on December 31 of the year in which it has been levied.

E. The tax shall be collected and payment thereof enforced and be paid over to the board of commissioners of the drainage district in the same manner as the other taxes provided for in this Part.

F. If the sum received from the uniform tax authorized by this Section exceeds the total cost of the preliminary expenses for which it was levied, the surplus shall be prorated and refunded to the landowners paying the uniform tax.

G. If the report of the board of appraisers, as confirmed by the court, shows that there are lands within the drainage district which will not be benefited by putting into effect the plan for reclamation and against which no benefits have been assessed, then any uniform acreage tax which has been assessed against the land and paid by the owner or owners thereof shall be refunded to the owner or owners by the board of commissioners.

Amended by Acts 1975, No. 520, §2.
La. Rev. Stat. § 38:213 — LA Code / Code revised-statutes / Title 38 / Section 213
Riding or hauling on levees prohibited
Status: in_force

A. No person shall ride, drive, or haul upon the public levees or integrated coastal protection projects or their rights-of-way except where, in the judgment of the levee commissioners of a district and the Department of Transportation and Development, or, for levees or integrated coastal protection projects in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, ample provision has been made to guard against any damage to which the levees or integrated coastal protection projects may thereby be exposed from wear, tear, and abuse. Each levee district shall publish guidance, erect signage, and require special permits as they deem appropriate to allow them to make provisions for limited riding, driving, or hauling.

B. Each governing authority is authorized to set the penalty for violation of this Section, provided that the penalty shall not exceed the penalty for criminal trespass, as defined in R.S. 14:63, and the governing authority may seek injunctive relief and collect all expenses incurred as a result of the violation.

C. This Section shall not be construed to restrict the proper officers of the state or of any levee district or parish while in the performance of duty in inspecting, guarding, or repairing the levees or integrated coastal protection projects.

D. Nothing in this Section shall interfere with the crossing over any public levees, at ramps or inclines established under plans and specifications of the Department of Transportation and Development, or, for levees or integrated coastal protection projects in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority. Nothing in this Section shall interfere with the ability of the Coastal Protection and Restoration Authority or the Coastal Protection and Restoration Authority Board to carry out its responsibilities as the local sponsor for all integrated coastal protection projects, in its jurisdiction, pursuant to R.S. 49:214.1(F).

Acts 2010, No. 734, §3; Acts 2011, No. 371, §1; Acts 2012, No. 604, §2, eff. June 7, 2012; Acts 2016, No. 430, §4.
La. Rev. Stat. § 38:2900 — LA Code / Code revised-statutes / Title 38 / Section 2900
Creation; location
Status: in_force

The Jackson Parish Watershed District is hereby created out of the watershed of all streams located in Jackson Parish, and more particularly defined as all of Jackson Parish, Louisiana.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:435 — LA Code / Code revised-statutes / Title 38 / Section 435
Sale of bonds for redemption of outstanding bonds; disposition of surplus
Status: in_force

The bonds, when negotiated as authorized by R.S. 38:433, shall be issued to the purchaser or purchasers thereof by the treasurer of the state upon the warrant of the auditor and in pursuance of a resolution of the board; and the purchase price shall be paid to the state treasurer and shall not be withdrawn from the state treasury except upon the warrant of the auditor and in pursuance of a resolution of the board and for the purpose of paying or redeeming, in whole or in part, the bonds of the board now outstanding. Bonds thus paid or redeemed shall be disposed of in the same manner as provided in R.S. 38:434 for bonds received in exchange. Any surplus remaining on hand from the proceeds from the sale of bonds negotiated, shall, after redemption of the bonds now outstanding, be transferred to the general account of the board.

Acts 1985, No. 785, §1, eff. July 22, 1985.

{{NOTE: REGARDING R.S. 38:431-436, SEE ALSO R.S. 38:1117(A)(3) AS PER ACTS 1985, NO. 466, §2, WHICH MAY BE CONFLICTING.}}
La. Rev. Stat. § 38:1864 — LA Code / Code revised-statutes / Title 38 / Section 1864
Liabilities and duties; rights, revenues, and resources
Status: in_force

Upon the adoption of the resolution provided for in R.S. 38:1863, the consolidated gravity drainage district shall succeed to and become charged with all the liabilities and duties with respect to the assumption of the bonded and other indebtedness, and shall succeed to and be vested with all the rights, revenues, resources, jurisdiction, authority and powers, with respect to the bonded debt and other indebtedness assumed, of the district or districts whose debt shall have been assumed, under and by authority of this Part. The board of commissioners of the consolidated gravity drainage district shall apply the revenues and resources of the district or districts whose bonded and other indebtedness have been assumed to the payment, in principal and interest, of the entire debt assumed. Nothing in this Part contained however shall operate to extinguish the corporate existence of any drainage district or districts, and the district or districts shall continue to exist as a corporate entity until all debts and obligations have been paid.
La. Rev. Stat. § 38:458 — LA Code / Code revised-statutes / Title 38 / Section 458
Enforcement of collection of taxes and local contributions by court
Status: in_force

In case for any cause it becomes necessary to enforce payment of the principal of or the interest on any bonds issued under this Subpart, any court of competent jurisdiction at the joint or separate suit of any holder or holders of the bonds may require the tax collector of the parish or parishes in which any of the territory of the district may be located, under the direction and orders of the court, to proceed to levy and collect the taxes and local contributions levied in R.S. 38:456 and to pay the amount so collected into the state treasury. The amount so paid shall not be used for any other purpose than to pay the interest on and the principal of the bonds.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2802 — LA Code / Code revised-statutes / Title 38 / Section 2802
District as political subdivision and budgetary unit; purpose
Status: in_force

The Franklin Parish Watershed District shall be a political subdivision and a budgetary unit of the State of Louisiana, which shall have as its purpose the conservation of soil and water, developing the natural resources and wealth of the district for sanitary, agricultural, industrial and recreational purposes and providing for the protection against and control of flooding in the district, as the same may be conducive to the public health, safety, convenience or welfare or of public utility or benefit.

Added by Acts 1966, No. 101, §2.
La. Rev. Stat. § 38:2220.4 — LA Code / Code revised-statutes / Title 38 / Section 2220.4
Order; recovery to plaintiff; protection from disciplinary action
Status: in_force

A. The court shall enter an order declaring whether a violation of R.S. 38:2211 et seq. has occurred. The declaration shall have the force and effect of a final judgment or decree.

B.(1) The court shall also award to the principal plaintiff as determined by the court, if successful in his action, reasonable attorney fees. The court shall also award to any prevailing defendant costs and reasonable attorney fees. However, if the court finds fraud on behalf of a defendant, the award to the plaintiff shall be twice the amount of reasonable attorney fees.

(2) When the public entity has depended upon the written opinion of the attorney general that the action taken by the public entity would be in compliance with law, the public entity shall not be liable for the costs and attorney fees of the adverse party.

C. A person providing information to the attorney general or bringing a civil action under the provisions of R.S. 38:2220.2 and 2220.3 shall not be subject solely for such reason to dismissal, suspension, or any other form of disciplinary action by an employer, unless the civil action is found by the court to be frivolous.

Acts 1999, No. 1050, §1.
La. Rev. Stat. § 38:3087.161 — LA Code / Code revised-statutes / Title 38 / Section 3087.161
Creation
Status: in_force

There is hereby created a recreation and water conservation district to be known as the "Turkey Creek Reservoir District", hereinafter also referred to as the "district".

Acts 2001, No. 475, §1.
La. Rev. Stat. § 38:2833 — LA Code / Code revised-statutes / Title 38 / Section 2833
Eminent domain
Status: in_force

The State Department of Public Works is hereby granted the power of eminent domain and the right to expropriate any and all lands, flowage rights, servitudes, and rights of way necessary and convenient for the construction of the said dam, spillway, reservoir, storage basins, locks, levees, flumes, conduits, spillways or other structures necessary, suitable or convenient in connection with the construction thereof, as well as for the creation of the said lake, impoundment and reservoir within the boundaries as hereinabove set forth.

Added by Acts 1966, No. 262, §13.
La. Rev. Stat. § 38:2333 — LA Code / Code revised-statutes / Title 38 / Section 2333
Parks and other recreation facilities
Status: in_force

The Authority is authorized to establish or otherwise provide for public parks and other recreation facilities and to acquire land for such purposes.

Added by Acts 1950, No. 261, §13.
La. Rev. Stat. § 38:2555 — LA Code / Code revised-statutes / Title 38 / Section 2555
Board to govern; membership; tenure; vacancies; compensation
Status: in_force

A. Commencing September 12, 1980, the said district shall be governed by the board of commissioners of the Bayou D'Arbonne Lake Watershed District, to be composed of seven commissioners appointed by the governor, each of whom shall be a qualified elector of the state of Louisiana and who resides within the limits of Lincoln or Union parishes. Any vacancy in the office of commissioner, due to death, resignation, or any other cause, shall be filled by the governor for the unexpired term. Each appointment by the governor shall be submitted to the Senate for confirmation.

B. The members of the board of commissioners shall receive no compensation for their services.

C. Each member of the board of commissioners shall serve a term of four years from the date of his appointment to the board.

Added by Acts 1956, No. 9, §5. Amended by Acts 1966, No. 448, §1; Acts 1970, No. 542, §1; Acts 1980, No. 375, §1; Acts 2003, No. 774, §10.
La. Rev. Stat. § 38:1798 — LA Code / Code revised-statutes / Title 38 / Section 1798
Dissolution of district before issuance of bonds
Status: in_force

Any time before any bonds are issued, the governing authority may submit to the property taxpayers therein the question whether any forced contribution or acreage tax previously voted therein shall be repealed and terminated, and may also submit at the election the question whether the gravity drainage district or gravity sub-drainage district shall be dissolved. In the event that the proposition receives a majority in number and amount of the votes of the qualified taxpaying voters thereon at the election the governing authority of the district or sub-district shall give notice by publication in a newspaper published in the parish or if there be none, then in a newspaper published in an adjoining parish, requiring creditors and claimants to present their claims within sixty days from the date of the first publication of the notice. The notice shall continue once a week during the period of sixty days. At the termination thereof, the gravity district or gravity sub-drainage district shall be deemed to be dissolved except so far as it is necessary to continue the district to levy a tax for the purpose of paying any claims and demands established against the district. For the purpose of paying the claims and demands, the governing authority shall continue to levy any forced contribution or acreage tax which shall have been authorized hereunder. No proceeding shall be taken to dissolve any gravity drainage district or gravity sub-drainage district so long as the district shall have outstanding and unpaid any bonds secured by a forced contribution or acreage tax or by an ad valorem tax.
La. Rev. Stat. § 38:3107 — LA Code / Code revised-statutes / Title 38 / Section 3107
Delegation of authority to adopt rules and regulations
Status: in_force

The agency head is authorized to adopt such rules and regulations as he deems necessary and appropriate to carry out provisions of this Chapter. The agency head is authorized and empowered to adopt all or any part of applicable federal rules and regulations which are necessary or desirable to implement this Chapter. Such rules and regulations may include, but not be limited to, provisions relating to:

(A) Payments authorized by this Chapter to assure that such payments shall be fair and reasonable and as uniform as possible.

(B) Prompt payment after a move to displaced persons who make proper application and are entitled to payment, or, in hardship cases, payment in advance.

(C) Moving expense allowances as provided for in R.S. 38:3104(A) and (B).

(D) Standards for decent, safe, and sanitary dwellings.

(E) Eligibility of displaced persons for relocation assistance payments, the procedure for such persons to claim such payments, and the amount thereof.

(F) Procedure for an aggrieved displaced person to have his determination of eligibility or amount of payment reviewed by the head of the agency.

Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
La. Rev. Stat. § 38:1674.7 — LA Code / Code revised-statutes / Title 38 / Section 1674.7
Signature on certificates and coupons; form of endorsement
Status: in_force

The said drainage certificates shall be signed by the president and secretary of the board of commissioners for, on behalf of, and in the name of the district and under the seal thereof. Any interest coupons shall be signed with the facsimile signature of the said officers, and before delivery thereof, the certificates shall be registered in the mortgage records of the parish in which the district is located as to the serial number or numbers, amount, rate of interest and dates due. Each of the said certificates shall bear the following endorsement, viz.:

"This certificate registered in the Mortgage Records of the Parish of ________________, on this the ______ day of __________, 19__.

_____________________________________ Clerk of Court and Ex-Officio Recorder of Mortgages, Parish of __________, Louisiana."

Added by Acts 1962, No. 144, §1.
La. Rev. Stat. § 38:2212.4 — LA Code / Code revised-statutes / Title 38 / Section 2212.4
Purchase of materials, supplies, vehicles, or equipment from public trusts
Status: in_force

A. The intent of this Section is to provide an alternate cost effective means of acquisition of materials, supplies, vehicles, or equipment for the efficient operation of public entities by allowing public entities to pool their acquisition needs and acquire in bulk transactions through a public trust which may also provide financing for such purchases at tax exempt rates. The legislature finds that bulk purchases of materials, supplies, vehicles, and equipment when combined with tax exempt financing can result in reduced costs to public entities.

B. Notwithstanding any provision of law to the contrary, the provisions of R.S. 38:2212 shall not apply to public entities acquiring through a purchase contract or lease/purchase contract, materials, supplies, vehicles, or equipment from a public trust organized pursuant to state law and having as its beneficiary the state. The acquisition of materials, supplies, vehicles, or equipment by the public trust shall be in accordance with the provisions of the Public Bid Law (Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950), at the direction and on behalf of a public entity, and shall be pursuant to a plan of financing offered to a public entity by the public trust. Any such plan of financing offered to a public entity by the public trust shall be subject to the approval of the State Bond Commission.

C. The acquisition of materials, supplies, vehicles, or equipment made by the public trust under the provisions of this Section shall be exempt from state and local sales and use taxes. However, if the public entity on whose behalf the acquisition is made would have been exempt from state and local sales and use taxes upon a direct acquisition, such taxes shall not apply to the purchase made by the public entity from the public trust.

D. Nothing contained in this Section shall be construed as a restriction or limitation upon any powers which any public entity might otherwise have under any laws of this state. This Section shall be regarded as supplemental and additional to powers conferred by other laws.

Acts 1989, No. 780, §1, eff. July 9, 1989. Redesignated by Acts 1999, No. 768, §3.
La. Rev. Stat. § 38:2291 — LA Code / Code revised-statutes / Title 38 / Section 2291
Written notice to approving authority of inclusion of closed specification
Status: in_force

Whenever an architect or engineer, either directly or indirectly, has included a closed specification in the specifications for a public building or project, he shall submit a written report to the building authority, ten days prior to the final submission of specifications, which report shall include the following:

(1) Identification of each closed specification;

(2) A concise statement of the reasons for including a closed specification;

(3) Identification of other products which are apparently equal and a concise statement as to why they may be excluded under the provisions of R.S. 38:2290.

Added by Acts 1965, No. 40, §1.
La. Rev. Stat. § 38:391 — LA Code / Code revised-statutes / Title 38 / Section 391
Estimates less than deposit; plaintiff need not amend
Status: in_force

The plaintiff shall not be required to amend its petition in order to obtain judgment in an amount less than that originally deposited into the registry of the court.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:385 — LA Code / Code revised-statutes / Title 38 / Section 385
Delay by defendant forfeits defenses; judgment
Status: in_force

A. Failure of a party to file his answer timely constitutes a waiver of all his defenses to the suit including any claim for additional compensation.

B. This provision shall be operative without formal order, but on ex parte motion of the levee district or levee and drainage district, the trial court shall render final judgment fixing just compensation in the amount deposited in the registry of the court and awarding that sum to the defendant.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:31 — LA Code / Code revised-statutes / Title 38 / Section 31
Definitions
Status: in_force

For the purposes of this Chapter, the following terms shall have the meanings ascribed to them in this Section:

(1) "Entity" means any municipality, parish, special district, or other political subdivision or combination thereof.

(2) "Office" means the office of engineering of the Department of Transportation and Development.

(3) "Planning commission" means one of the state's eight regional planning commissions.

(4) "Project" means:

(a) Any engineering undertaking or work to conserve and develop surface or subsurface water resources of the state for any useful and lawful purpose by the acquisition, improvement, extension, or construction of water storage projects and filtration and treatment plants.

(b) Any system necessary to distribute water from storage to points of distribution or filtration and treatment plants.

(c) Any facility for the distribution of water from storage or filtration and treatment plants to wholesale or retail purchasers.

(d) Any sewerage system to improve or develop sewage treatment, collection, or distribution capabilities consistent with provisions of R.S. 38:32.

Added by Acts 1983, No. 625, §1; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:3109 — LA Code / Code revised-statutes / Title 38 / Section 3109
Fund availability
Status: in_force

Funds dedicated, appropriated or otherwise available to any state agency or unit of local government for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this Chapter as applied to that program or project.

Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
La. Rev. Stat. § 38:357 — LA Code / Code revised-statutes / Title 38 / Section 357
Contesting validity of expropriation; waiver of defenses
Status: in_force

A. Any defendant desiring to contest the validity of the expropriation on the ground that the property was not expropriated for a public purpose may file a motion to dismiss the suit within ten days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be decided prior to fixing the case for trial.

B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1784 — LA Code / Code revised-statutes / Title 38 / Section 1784
Issuance of bonds
Status: in_force

If a majority in number of the qualified taxpayers and a majority in number of acres voting at the election shall vote in favor of the proposition to incur debt and issue negotiable bonds secured by and payable from the proceeds of an acreage tax, the governing authorities may by resolution authorize the issuance of bonds in an amount not exceeding that stated in the proposition. The bonds shall not be issued for any other purpose than that stated in the proposition, and not exceeding in principal and interest the aggregate amount to be raised by the forced contribution or acreage taxes during the period for which the taxes are levied. The avails of at least two and one-half cents per acre of any acreage tax or forced contribution thus levied and imposed under the provisions of this Part shall not be funded into bonds but shall be set aside each year and used solely and only for the maintenance of the gravity drainage works. The total amount of the debt thus incurred or the bonds issued shall not exceed in principal and interest the aggregate amount to be raised by the forced contribution or acreage tax during the period for which the tax is voted, after deducting therefrom the aggregate amount to be realized from two and one-half cents per acre of the tax to be set aside for maintenance purposes as above provided.
La. Rev. Stat. § 38:3087.15 — LA Code / Code revised-statutes / Title 38 / Section 3087.15
Management of fish, game, and wildlife
Status: in_force

A, B, C. REPEALED BY ACTS 1993, NO. 830, §2.

D. The board of commissioners shall have authority:

(1) To establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the facilities provided by the reservoir.

(2) To license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of the lake, or to refuse to license or permit any commercial establishment to use the facilities provided by the lake.

E. The rules and regulations established and promulgated by the board of commissioners shall provide penalties for any commercial establishment operating without a permit or license.

Acts 1992, No. 888, §2, eff. July 8, 1992; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:3087.102 — LA Code / Code revised-statutes / Title 38 / Section 3087.102
Contracts let by board
Status: in_force

Any and all contracts of the district shall be let by the board of commissioners under the provisions of the Public Bid Law, R.S. 38:2181 et seq.

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:1615 — LA Code / Code revised-statutes / Title 38 / Section 1615
Record of proceedings of board
Status: in_force

The clerk of the district court and ex-officio recorder of every parish of this state shall keep among the records of his office a well-bound book, which shall be known as the "Drainage District Record Book," in which shall be recorded, with the date of recording set forth, all proceedings and matters pertaining to drainage districts required to be recorded by the provisions of this Part. The clerks of court and recorders shall make and keep a proper index of the matters recorded in the drainage district record book as they are recorded.

For recording the proceedings in the drainage district record book, the clerks of court and recorders shall receive the fees they now receive for recording deeds and matters in the conveyance records of the parishes.

No matter or thing recorded in the drainage district record book shall be reported by the clerk of court and recorder on any mortgage or conveyance certificate issued by him.
La. Rev. Stat. § 38:315 — LA Code / Code revised-statutes / Title 38 / Section 315
Dedication of artificial waterways as public navigable waterways; approval
Status: in_force

Wherever there presently exists or may hereafter be created within the territorial limits of any levee district or levee and drainage district in the state of Louisiana, except in the parish of Orleans, any canal or other artificial waterway created by any levee district or levee and drainage district for the purpose of constructing a levee or other public work and where said canal or other artificial waterway is navigable in fact and connects with or enters into any lake, river, stream, bayou, or other navigable waters, the governing authority of said levee district or levee and drainage district shall have the authority, with the approval of the office of engineering of the Department of Transportation and Development or the Coastal Protection and Restoration Authority Board, if the area is located within the coastal area, as defined in R.S. 49:214.2, and involves integrated coastal protection, as defined in R.S. 49:214.2, and with the concurrence of the United States district engineer, to dedicate and declare the canal or other artificial waterway, in whole or in part, as a waterway subject to the free and unrestricted navigation by the public; however, nothing herein shall be construed as authorizing the taking of private property, except as now provided by the constitution and laws of this state.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2012, No. 753, §5; Acts 2016, No. 430, §4.
La. Rev. Stat. § 38:3001 — LA Code / Code revised-statutes / Title 38 / Section 3001
District as agency of the state and budgetary unit; purpose
Status: in_force

The Jackson-Bienville Parishes Dugdemona Watershed District shall be an agency of the State of Louisiana and a budgetary unit thereof, which shall have as its purpose the conservation of soil and water, developing the natural resources and wealth of the district for sanitary, agricultural, industrial and recreational purposes, as the same may be conducive to the public health, safety, convenience or welfare or of public utility or benefit of the citizens of the State of Louisiana. The creation and maintenance of a lake within the said district shall be for the purpose of conserving the soil and water and developing the natural resources and wealth of the district for sanitary, agricultural, industrial and recreational purposes, as the same may be conducive to the public health and public utility and benefit of the citizens of the State of Louisiana.

Added by Acts 1970, No. 600, §1.
La. Rev. Stat. § 38:2816 — LA Code / Code revised-statutes / Title 38 / Section 2816
Individual mineral leases unabridged
Status: in_force

The provisions of this Part shall in no wise abridge the right of any individual from whom the flowage rights, rights of way and servitudes may have been acquired by any means however to lease said lands for the production of oil, gas and other minerals and the right of such lessee or his assignee to produce or cause to be produced oil, gas or other minerals therefrom.

Added by Acts 1966, No. 101, §16.
La. Rev. Stat. § 38:1791 — LA Code / Code revised-statutes / Title 38 / Section 1791
Compensation of tax collector; proceedings on bond
Status: in_force

The tax collector or ex-officio tax collector shall receive for all services rendered in collecting and paying over the taxes herein provided including an acreage tax or forced contribution, for the account of the sheriff's salary fund, the same commissions now allowed by law for the collection of taxes generally on the amount collected and paid in. Upon the failure of the tax collector to comply with the provisions of this Act, the board of commissioners of the district shall forthwith proceed against the tax collector or sheriff and ex-officio tax collector, and the sureties on his official bond as tax collector, for the collection of whatever amount may be due to the district.
La. Rev. Stat. § 38:2182 — LA Code / Code revised-statutes / Title 38 / Section 2182
Mandatory information requirement for contracts let without competition under the authority of an executive order
Status: in_force

A. The provisions of this Section shall apply to any contract for a public work which is subject to the provisions of Chapter 10 of this Title, hereinafter referred to as "state Public Bid Law", which contract is let without competition pursuant to an executive order issued by authority granted under the Louisiana Homeland Security and Emergency Assistance and Disaster Act, which order grants exceptions to the requirements of the state Public Bid Law. Such provisions shall apply to contracts which have been or will be let without competition pursuant to executive orders related to Hurricane Katrina or Rita which granted exceptions to the requirements of the state Public Bid Law.

B.(1) For any contract subject to the provisions of this Section, the information cited in Subparagraphs (a) through (d) of this Paragraph shall be submitted by the primary contractor to the Office of Facility Planning and Control. The following information shall be submitted, in a format to be determined by such office, no later than forty-five days after the effective date of the contract, or forty-five days after June 29, 2006, whichever is later:

(a) The name of the primary contractor.

(b) The amount of the contract.

(c) The name of each subcontractor.

(d) The amount of each subcontract.

(2) Any change in subcontractors, or in the amount of a subcontract which exceeds twenty-five percent in the aggregate of the original subcontracted amount, shall necessitate the submission of updated information as required in Paragraph (1) of this Subsection.

(3) The primary contractor for each contract subject to the provisions of this Section shall be notified of the requirements of this Section by the contracting state agency. Such notification shall be made no later than ten days after June 29, 2006, for contracts which are currently in effect. Otherwise, the notification shall be made prior to execution of the contract.

C. The Office of Facility Planning and Control shall maintain a listing or registry of all information reported to it pursuant to the provisions of this Section.

D. Failure to submit all of the information required as provided in Subsection B of this Section shall be grounds for debarment. It shall be unlawful for any person to intentionally fail to submit such information, which failure is hereby deemed to be a violation of the duty to provide the mandatory information. Whoever violates such provisions of Subsection B of this Section shall be fined in an amount not to exceed one-half of the contract amount and imprisoned for not more than six months, or both.

E. The provisions of this Section shall not be subject to suspension pursuant to the authority granted to the governor by R.S. 29:721 et seq., the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

Acts 2006, No. 726, §1, eff. June 29, 2006.
La. Rev. Stat. § 38:2823 — LA Code / Code revised-statutes / Title 38 / Section 2823
Body corporate; powers
Status: in_force

The Black Bayou Watershed District shall constitute a body corporate in law, with all the powers of a corporation, and with the powers and rights of a political subdivision of the state as provided by the laws of the state relating to the incurring of debt and the issuing of bonds therefor. This district, through its board of commissioners, may incur debt and issue negotiable bonds in accordance with the power and authority and in the form and manner, and with the effect and security now or hereafter provided by the Constitution and laws of the State of Louisiana. This district, through its board of commissioners, may incur debt and contract obligations in accordance with law, sue and be sued, have a corporate seal, and do and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and objects for which it is created. It shall have the power of eminent domain and may expropriate property for all its purposes and objectives. Through its governing authority, the district may conserve the fresh water supply within its boundaries for the benefit of the inhabitants and property owners within said district and state to provide water for commercial, municipal and any other uses, both within and without the district. It may construct, lease, maintain, acquire, enlarge and operate any machinery or do any other thing necessary for the use and purpose of the district. It may own in full ownership all servitudes, rights of way, flowage rights and may inquire same by donation, prescription, purchase, expropriation, or otherwise. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof.

Added by Acts 1966, No. 262, §3.
La. Rev. Stat. § 38:2703 — LA Code / Code revised-statutes / Title 38 / Section 2703
District as political subdivision and body corporate; purpose and powers
Status: in_force

A. The district so created shall be a political subdivision and budgetary unit of the state of Louisiana which shall have for its purpose the development of the wealth and natural resources of the district by the conservation of soil and water for agricultural, recreational, commercial, industrial, and sanitary purposes.

B. It shall constitute a body corporate in law with all powers, rights, privileges, and immunities of a corporation. It shall have the power to sue and be sued, to buy and sell, to levy taxes, to negotiate and execute contracts, and to incur debts and issue negotiable bonds in payment thereof under and in accordance with existing laws. It shall have the authority to acquire by purchase, donation, expropriation, or otherwise every type and specie of property, including servitudes and rights of use, necessary to its purpose, and to lease, build, operate, and maintain any works or machinery designed to accomplish the purposes of the district.

C. It shall have complete control over the supply of fresh water made available by its facilities which shall be administered for the benefit of the persons residing or owning property within the district, and if it should be for the benefit of the district it shall have the authority to sell such water for irrigation, municipal, and industrial uses both within and outside the district.

D. The district shall constitute an agency of the state of Louisiana designed to carry out an essential governmental function of the state, all of the property of which district shall be exempt for taxation. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof and to accept grants and donations of property and money therefrom. It shall have the authority to cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of said state for the construction, operation, and maintenance of facilities designed to accomplish the purpose for which the district is created on any basis including the matching of funds and by participating in projects authorized by any federal or state law as it shall see fit.

Acts 1958, No. 474, §3; Acts 1989, No. 176, §1.
La. Rev. Stat. § 38:3087.215 — LA Code / Code revised-statutes / Title 38 / Section 3087.215
Compensation; expenses
Status: in_force

The membership of said commission shall serve without compensation for its services to the commission, but it shall be entitled to reimbursement for actual expenses incurred in the performance of its duties.

Acts 2003, No. 233, §1.
La. Rev. Stat. § 38:114 — LA Code / Code revised-statutes / Title 38 / Section 114
Construction of levee across bayou or slough
Status: in_force

Whenever it is necessary to build any public levee and the line of the levee crosses any bayou or slough, the levee shall be so constructed as to have a banquet or berme, against the rear base of the levee, at the crossing of the slough or bayou. The banquet or berme shall be built up to the level of the roadway on each side of the bayou or slough, and shall be twenty feet wide on top.
La. Rev. Stat. § 38:2709 — LA Code / Code revised-statutes / Title 38 / Section 2709
Construction which would impede flow of water in reservoir prohibited; pollution defined and prohibited; penalties fixed for violations
Status: in_force

A.(1) No person or public corporation shall erect within the drainage area of the district any dam or reservoir upon any stream or water course which will affect the proposed lake until a copy of the plans thereof has been filed with the board of commissioners for approval.

(2) Whoever violates this Subsection shall be fined not less than five hundred dollars or more than one thousand dollars or imprisoned for not more than sixty days, or both.

B.(1) No person shall knowingly and willfully empty or drain into, or permit to be drained from any pumps, reservoirs, wells, or oil fields into any stream or drain constituting the watershed of the proposed lake or from any stream within said district into the said reservoir any oil, salt water, or other noxious or poisonous gases or substances which would render the water unfit for irrigation purposes or would destroy aquatic and fish life in the streams.

(2) Each and every day that oil, salt water, or other substances are permitted to flow into natural streams or drains which constitute the watershed of the proposed lake shall constitute a separate and distinct offense.

(3) Whoever violates this Subsection shall be fined not less than one hundred dollars or more than two hundred dollars or imprisoned for not more than three months.

C.(1) No person shall:

(a) Obstruct drainage channels which compose any drain or stream flowing into the proposed lake by bridging them except in accordance with plans, specifications, and instructions prescribed by the board of commissioners of the district.

(b) Construct dams, locks, or gates in drainage channels of the said watershed of the proposed lake without permission of the commission.

(c) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the channel of any stream, drain, or natural flow of the feeder streams of the watershed of the proposed lake.

(d) Drain into channels by natural or artificial inlets except under regulations prescribed by the board of commissioners.

(e) Float timber in the watershed of the proposed lake.

(f) Use the channels for transportation or navigation except under authority of and agreement with the board of commissioners.

(g) In any manner obstruct drainage channels, natural flow drains, or natural flowage or violate any of the rules or regulations adopted and promulgated by the board of commissioners for preserving and maintaining the efficiency of the drainage channels in the district.

(2) Whoever violates this Subsection shall be fined not less than two hundred and fifty dollars or more than five hundred dollars or imprisoned for not more than sixty days, or both.

D.(1) No proprietor, owner, lessee, or possessor of land abutting upon the reservoir of the proposed lake or upon any public road paralleling the water line or contiguous to the reservoir of the proposed lake shall in any manner close or place any obstruction in the drains or ditches, whether on private property or on the public road or levee adjacent to the road which will in any manner interfere with the effective, thorough, and continuous drainage into the reservoir.

(2) Whoever violates this Subsection shall be fined not less than two hundred and fifty dollars nor more than five hundred dollars or imprisoned for more than sixty days, or both.

(3) The sheriff of the parish, in addition to his other duties is charged with the responsibility of aiding and assisting the commission or its employees or agents in the enforcement of all rules and regulations adopted in accordance herewith.

E. The district attorney of the judicial district within which the reservoir district is situated is hereby designated as the proper official for the prosecution of all violations of the rules and regulations adopted by the said commission in pursuance hereto.

Acts 1989, No. 176, §1.
La. Rev. Stat. § 38:1777 — LA Code / Code revised-statutes / Title 38 / Section 1777
Absence of commissioner or clerk of election; oaths
Status: in_force

If any commissioner or clerk of election shall be unable, fail, or neglect to attend or serve at the polling place designated, and at the hour fixed for opening the polls or within one hour thereafter, the commissioners present shall appoint, or in the absence of all commissioners the voters present shall elect the necessary number of commissioners and clerks, who shall have the same powers, compensation, and duties as other commissioners and clerks and shall serve in the place and stead of the absentee or delinquent appointees. Commissioners and clerks of elections before opening the polls shall be sworn to perform all the duties incumbent on them. The oaths shall be taken before any officer authorized to administer oaths, or by the clerk, and each commissioner of election before any other commissioner. The commissioners may administer any oath and receive any affidavit provided for in this Part.
La. Rev. Stat. § 38:3087.14 — LA Code / Code revised-statutes / Title 38 / Section 3087.14
Playgrounds, parks, and other facilities; limitation
Status: in_force

The board of commissioners shall have the power to cause to be created and constructed playgrounds, picnic grounds, grounds for recreation, parks, and any and all other facilities to accommodate the public and to provide adequate access to the proposed lake, as may within the opinion of the board become necessary, and the district shall have the right of eminent domain and expropriation in the exercise of such powers.

Acts 1992, No. 888, §2, eff. July 8, 1992.
La. Rev. Stat. § 38:3098.4 — LA Code / Code revised-statutes / Title 38 / Section 3098.4
Grounds for revoking license
Status: in_force

The grounds for revoking a well driller's license shall be as follows:

1. That he has intentionally made a material misstatement in the application for such license; or

2. That he has willfully violated any provisions of this Chapter; or

3. That he has obtained, or attempted to obtain, such license by fraud or misrepresentation; or

4. That he has been guilty of fraudulent or dishonest practices; or

5. That he has demonstrated lack of competence as a driller of water wells; or

6. That he has failed or refused to file reports as required under the provisions of this Chapter; or

7. That he has willfully and contumaciously refused to obey reasonable orders, rules, and regulations of the office.

Added by Acts 1980, No. 715, §1; Acts 2009, No. 437, §1, eff. Jan. 1, 2010.
La. Rev. Stat. § 38:3086.25 — LA Code / Code revised-statutes / Title 38 / Section 3086.25
Bayou Lafourche; fresh water maintenance
Status: in_force

The purpose of this Part is to make it possible for the fresh water district which is hereby created to provide and maintain in Bayou Lafourche a source of fresh water supply from Donaldsonville to the Gulf of Mexico and that nothing in this Part is to be construed as impairing the right and authority of the municipalities as defined by the constitution, including police juries of the several parishes involved, to create and maintain and operate waterworks districts and sub-waterworks districts as is presently provided for in R.S. 33:3811 through 3832, or as may be hereafter provided by law. Any waterworks district or sub-waterworks district so created shall not be permitted to take its supply of water from the Bayou Lafourche Fresh Water District herein created except after adequate compensation paid therefor to the Bayou Lafourche Fresh Water District in accordance with the rates prescribed by the governing authority of the district under the powers herein conferred, which rates shall be equal and uniform for all municipalities and industries purchasing such water within the district.

Acts 2003, No. 187, §1.
La. Rev. Stat. § 38:3052 — LA Code / Code revised-statutes / Title 38 / Section 3052
Powers
Status: in_force

In addition to the powers herein provided, the district, acting through the Commission, shall have the power to study ground water conditions in the greater Baton Rouge area with the view of water conservation, with particular interest on possible effects of salt water encroachment, and to determine ways and means of protecting ground water conditions in all aspects, including depletion, detrimental salt water encroachment, taking into consideration requirements of industry, agriculture and domestic consumption, and to make appropriate recommendations for preventive or remedial action.

Added by Acts 1970, No. 682, §2.
La. Rev. Stat. § 38:2910 — LA Code / Code revised-statutes / Title 38 / Section 2910
Contracts, let by board; bond
Status: in_force

Any and all contracts of the district may be let by the board of commissioners, with advertisement, on the terms and subject to the conditions which it may fix in the ordinance or advertisement calling for bids. The person or firm to whom any contract is awarded shall furnish, within the delay fixed by the board, a bond of a surety company authorized to do business in the State of Louisiana, in the amount required by the laws relating to contracts for public works, and conditioned that the work shall be performed in accordance with the plans and specifications of the engineers, and the terms of the contract, and the board shall demand any other bonds and obligations which the laws relating to public works contracts required the contractor to give.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:3086.5 — LA Code / Code revised-statutes / Title 38 / Section 3086.5
Powers
Status: in_force

The district shall have the power to buy and sell; to own, maintain and operate property within and without the district; to acquire servitudes and rights-of-way within and without the district; to grant and fulfill assurances of local participation in connection with any federal project; to negotiate and execute contracts; to expropriate, if necessary, in the manner prescribed by Louisiana law the rights-of-way required to construct the project set forth in House Document No. 524, 89th Congress, 2d Session, Teche-Vermilion Basin, Louisiana and authorized by the Flood Control Act of 1966. The power of expropriation vested in the Board of Commissioners of the Teche-Vermilion Fresh Water District is hereby restricted to the acquisition of the rights-of-way specified in the aforementioned Act of Congress and document. Nothing in this Act shall be construed as impairing the right and authority of municipalities as defined by the constitution, including police juries of the several parishes involved, to create and maintain and operate waterworks districts and sub-waterworks districts as is presently provided for in Sections 3811 through 3821, both inclusive, of Title 33 of the Louisiana Revised Statutes of 1950 under the provisions of Article XIV, Section 14 of the Constitution of 1921, or as may be hereafter provided by the legislature under said Article or under any amendment to the Constitution of 1921 which may be hereafter adopted. The district is authorized to cooperate with the state of Louisiana and/or any agency or political subdivision thereof and/or the United States government and any of its agencies on any basis which the district shall deem advisable in the establishment, construction, operation and maintenance of the fresh water system herein provided for, including but not by way of limitation the joint or separate construction, ownership, operation or maintenance of pump facilities, pipe lines, floodgates, water conveyors and other devices, equipment and property and to accept gifts or contributions of any nature from the state of Louisiana or the United States or any agency or political subdivision thereof, or any private or corporate individual.

Acts 1969, No. 41, §5. Amended by Acts 1972, No. 465, §2.
La. Rev. Stat. § 38:21 — LA Code / Code revised-statutes / Title 38 / Section 21
Intent
Status: in_force

It is the responsibility of the state to provide a means for the inspection, regulation, and supervision of all present or future dams within the state and the operation and maintenance of those as specified in this Chapter, both federal and nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the Red River, Ouachita River, Black River, Mississippi River, and tributaries under the jurisdiction of the United States Army Corps of Engineers, in order to prevent and correct potential hazards to downstream life and property in the event of failure of any dam.

Added by Acts 1981, No. 733, §1, eff. July 23, 1981. Acts 1984, No. 270, §1, eff. July 1, 1984; Acts 2022, No. 687, §1, eff. June 18, 2022.
La. Rev. Stat. § 38:461 — LA Code / Code revised-statutes / Title 38 / Section 461
Full authority for issuing bonds; additional and alternative methods
Status: in_force

This Subpart without reference to any other statute shall be deemed to be full and complete authority for the issuance of refunding bonds by the levee districts and levee and drainage districts of this state and shall be construed as an additional and alternative method for issuing bonds. No proceedings shall be required for the issuance of refunding bonds other than those provided and required in this Subpart, and all powers necessary to be exercised by the boards of commissioners in order to carry out the provisions of this Subpart are hereby conferred.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2328 — LA Code / Code revised-statutes / Title 38 / Section 2328
Authority of state agencies to cooperate; construction of facilities
Status: in_force

A. There is hereby expressly conferred upon the State of Louisiana, its departments and agencies and upon the political subdivisions of the state, the authority to cooperate with the board of commissioners of the Sabine River Authority, to make contributions or grants to said Authority for any of the purposes of this Chapter and to enter into contracts and agreements with the Authority in furtherance of any of the purposes of this Chapter.

B. The Authority, its board of commissioners, its agents and authorized representatives may construct, within its territorial jurisdiction any of its works or facilities across any stream or body of water, water course, street, avenue, highway, railway, canal, ditch or flume which the route of any canal, conduit, ditch, syphon, drain, telephone line or bridge of the Authority may intersect or cross, but the Authority shall restore them when so crossed or intersected to their former state as nearly as possible or in such manner as not to impair unnecessarily the usefulness thereof. The operators of all railroads and the boards or authorities in control of public roads and highways shall cooperate with the Authority in forming necessary intersections and crossings and shall grant the privileges therefor. If the owners or controlling authorities of the property, thing or franchise to be crossed or intersected and the Authority cannot agree upon the amount to be paid for any damage resulting therefrom, or upon the points or the manners of the crossing or intersections, they shall be ascertained and determined in the manner provided for the taking of property by expropriation.

C. The Authority may locate, construct, operate and maintain any of its works or facilities over, under, through, in or along any of the lands which are the property of the state or of any subdivision, institution, agency or instrumentality thereof, within its territorial jurisdiction without the obtaining of consents, licenses or permits other than the consent herein granted.

D. The Authority, its board, agents, employees and authorized representatives may enter upon any land, within its territorial jurisdiction to make surveys or locate its works or facilities, including but without limitation, buildings, structures, and other facilities which the board finds necessary or useful for the purposes of the Authority within its territorial jurisdiction.

E. So far as authority is vested in the legislature to grant such right, the Sabine River Authority is hereby expressly granted and vested with full right to use all waters and to possess all water rights in the waters of the Sabine River and its tributaries necessary to the carrying out of its corporate objectives, and the right herein so vested in the Authority shall be prior and superior to all other rights in such waters, provided only that water and riparian rights now vested in private persons or entities shall not be taken or damaged without the paying of adequate compensation therefor, which compensation shall be determined in the manner hereinafter provided for the expropriation of property.

Added by Acts 1950, No. 261, §8. Amended by Acts 1956, No. 432, §3.
La. Rev. Stat. § 38:15 — LA Code / Code revised-statutes / Title 38 / Section 15
General information, documents; prohibition
Status: in_force

The assistant secretary shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.

Acts 1986, No. 823, §1.
La. Rev. Stat. § 38:3087.80 — LA Code / Code revised-statutes / Title 38 / Section 3087.80
Management of improvements
Status: in_force

A. The board of commissioners may regulate the construction and use of all piers, docks, bridges, and other improvements built or erected on any part of the district inundated by Caddo Lake and may regulate and control the erection of any improvements of any kind whatever within one mile from the shoreline of Caddo Lake. The board of commissioners shall have the authority and power to regulate such improvements by the issuance of permits for same and to fix a fee for the issuance of same.

B. The board of commissioners is authorized to charge an annual fee for a permit to maintain improvements on or within one mile of the shores of Caddo Lake.

Acts 1995, No. 345, §1.
La. Rev. Stat. § 38:326.3 — LA Code / Code revised-statutes / Title 38 / Section 326.3
Combined police authority; jurisdiction; administrative responsibilities; personnel, equipment, and expenses
Status: in_force

A. In addition to the authority, restrictions, requirements, and other provisions of R.S. 38:326 and 326.1, and notwithstanding any other provision of law to the contrary, the Port of South Louisiana, the Lafourche Basin Conservation Levee and Drainage District, and the Pontchartrain Levee District may coordinate and cooperate jointly with each other to maintain order and to exercise general police power within the areas of such port and districts and upon their levees.

B. The executive directors of the port and the districts may enter into a cooperative endeavor agreement to authorize the exercise of combined police protection within the areas of the port and districts, and to provide for the employment of officers and other personnel, equipment, and administrative services, necessary and useful to provide for and share the costs and expenses associated with such police protection. The cooperative endeavor agreement shall provide that title to equipment used pursuant to the agreement which is owned by the port or a district shall remain with the port or district.

C. Each person employed as a police officer shall, at a minimum, be commissioned as a peace officer by the Department of Public Safety and Corrections. Such police officers shall have the right to exercise the power of arrest as peace officers, according to law, within the combined jurisdictions and boundaries of the port and the districts.

D.(1) The governing authority of each entity designated in Subsection A of this Section that is a party to a cooperative endeavor agreement described in Subsection B of this Section shall appoint two members, respectively, to serve as members of a law enforcement coordinating and oversight committee.

(2) At the initial meeting, the committee shall elect a president to serve as presiding officer. The presiding officer shall not cast a vote except in the case of a tie vote.

(3) The committee may employ a chief law enforcement officer, subject to applicable civil service regulations. However, any applicant with at least twenty years of experience as a commissioned law enforcement officer who meets all of the requirements set forth in Subsection C of this Section shall be eligible for appointment.

(4) The chief law enforcement officer shall:

(a) Have the right to exercise the authority granted to police officers in Subsection C of this Section.

(b) Supervise and direct the administration and operation of the combined police protection authorized by the cooperative endeavor agreement. All law enforcement personnel shall be subordinate to the chief.

(c) Have general responsibility for law enforcement and be charged with the enforcement of all applicable laws and ordinances within the areas of the port and districts.

E. Neither the Port of South Louisiana, the Lafourche Basin Conservation Levee and Drainage District, or the Pontchartrain Levee District shall authorize any additional funding for a position beyond the limits of its budget.

Acts 2014, No. 858, §1; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:3087.113 — LA Code / Code revised-statutes / Title 38 / Section 3087.113
District as political subdivision and body corporate; purpose and powers
Status: in_force

A. The district so created shall be a political subdivision of the state of Louisiana which shall have for its purpose the preservation, promotion, and development of the wealth and natural resources of the district by the conservation of the soil and water of Black River Lake for agricultural, recreational, commercial, and sanitary purposes and by the regulation of aquatic plant growth.

B. It shall constitute a body corporate in law with all powers, rights, privileges, and immunities of a corporation. It shall have the power to sue and be sued, to buy and sell, to levy taxes, to negotiate and execute contracts, and to incur debts and issue negotiable bonds in payment thereof under and in accordance with existing law. It shall have the authority to acquire by purchase, donation, or otherwise every type and specie of property, including servitudes and rights of use necessary to its purpose, and to lease, build, operate, and maintain any works or machinery designed to accomplish the purposes of the district.

C. It shall have complete control over the supply of fresh water of Black River Lake which shall be administered for the benefit of the persons residing or owning property within the district, and if it should be for the benefit of the district it shall have the authority to sell such water for irrigation, municipal, and industrial uses both within and outside the district. However, the district shall have no authority to regulate or control any use by any municipality, district, or other person of such water supply which use was being made by such municipality, district, or other person on the effective date of this Part, including no authority to charge or collect any fee or charge therefor.

D. The district shall constitute an instrumentality of the state of Louisiana designed to carry out an essential governmental function, and all of the property of which the district shall be exempt from state and local sales and use taxation. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof and to accept grants and donations of property and money therefrom. It shall have the authority to cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of the state for the management of the waters of Black River Lake and the construction, operation, and maintenance of facilities designed to accomplish the purpose for which the district is created on any basis including the matching of funds and by participating in projects authorized by any federal or state law as it shall see fit.

Acts 1999, No. 588, §1.
La. Rev. Stat. § 38:220 — LA Code / Code revised-statutes / Title 38 / Section 220
Interference with drainage of roads parallel or contiguous to public levees
Status: in_force

No proprietor, owner, lessee, or possessor of lands abutting upon any public road parallel or contiguous to any public levee shall in any manner close or place any obstruction in the drains or ditches, whether on private property or on the public road or levee adjacent to the road which will in any manner interfere with the effective, thorough, and continuous drainage of the public road or levee.

Whoever violates this Section shall be fined or imprisoned, or both, at the discretion of the court.
La. Rev. Stat. § 38:2181 — LA Code / Code revised-statutes / Title 38 / Section 2181
Venue of suits
Status: in_force

A. A suit to annul a public contract on the ground of fraud, illegality, or violation of the contract, may be instituted against a contractor either in the parish of the domicile of the contractor or in the parish where the real or personal property involved is located, or in the parish, or any one of the parishes wherein the work under the contract is to be performed.

B. A suit arising under any public contract regarding the construction, alteration, or repair of any public works or for the purchase of materials or supplies, may be instituted either in the parish in which the public entity is located or in any other parish where, by law, such action may be instituted.

C. Any other provisions of the law to the contrary notwithstanding, the parties to a public contract may stipulate in the contract that the venue of any possible litigation arising under such contract shall be in the parish in which the public entity is located.

D. A suit to enjoin the award of a competitively bid public contract shall be instituted in the parish in which the public entity is located.

Acts 1991, No. 1044, §1; Acts 2003, No. 1061, §1.
La. Rev. Stat. § 38:2213 — LA Code / Code revised-statutes / Title 38 / Section 2213
Purchase and sale of land by public bodies; disclosure of names of appointed or elected officials with pecuniary interest prior to transaction; voting by members of body with pecuniary interest prohibited
Status: in_force

A. Each public entity shall enter in the official record of the proceedings of such entity at least seven days prior to the purchase or sale of any land by it, the names of any person known by such entity to be:

(1) An elected official of the state or any of its political subdivisions and having a pecuniary interest in the purchase or sale of such land; or

(2) An appointed official or employee of the public entity making the purchase or sale and having a pecuniary interest in the purchase or sale of the land.

B. For purchases of this Section, "pecuniary interest" shall mean any interest in the consideration paid for the land. Provided, however, ownership of five percent or less of the capital stock of a partnership or limited partnership, shall not constitute "pecuniary interest" for purposes of this Section when the owner of such shares does not participate in any activity pertaining to the purchase or sale of the land.

C. Every elected or appointed official, as defined in this Section, having a pecuniary interest in the purchase or sale of such land and knowing that he has a pecuniary interest shall notify the participating public entity concerning the extent of his pecuniary interest at least five days before the date of the purchase or sale.

D. Any elected or appointed official, as defined in this Section, who has the power to vote on the decision whether to make such a purchase or sale of land, and who has a pecuniary interest in the purchase or sale of such land shall be prohibited from voting on the transaction. Voting on the sale or purchase of property by an elected or appointed official in violation of this Subsection shall constitute malfeasance in office.

E. For the purposes of this Section, the purchase of land through expropriation proceeding shall not be construed as a purchase on which an elected or appointed official is prohibited from voting, if his only pecuniary interest is in the title to the property.

F. For purposes of this Section, the purchase or sale of land shall include, but not be limited to, the purchase or sale of mineral rights, timber rights, and the letting, or acquiring of a leasehold interest, or any other interest in land.

G. The provisions of this Section shall not be construed in any way as affecting the provisions of R.S. 42:1111 et seq. relative to governmental ethics, or R.S. 47:2178 et seq. relative to sales of tax adjudicated lands; nor shall the provisions of this Section, or the failure to comply with them, be construed as affecting the merchantability of the title of the subject land.

Acts 1977, No. 103, §1.
La. Rev. Stat. § 38:473 — LA Code / Code revised-statutes / Title 38 / Section 473
Interest on bonds
Status: in_force

The interest on the bonds shall be paid out of funds arising from the collection of taxes and other revenues of the levee board or levee and drainage board, and the state treasurer shall pay any interest that may be due on the bonds when presented by any bona fide holder or holders of the bonds. A sufficient amount of the taxes and revenues shall always remain on hand to pay one-half year's interest on the bonds and shall not be diverted to any other purpose by any authority whatever, except as may be necessary to pay the principal and interest of the bonds already issued by the levee board.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.86 — LA Code / Code revised-statutes / Title 38 / Section 3087.86
Audit
Status: in_force

The district shall be audited pursuant to R.S. 24:513.

Acts 1995, No. 345, §1.
La. Rev. Stat. § 38:418 — LA Code / Code revised-statutes / Title 38 / Section 418
Sheriff ex officio collector of assessments
Status: in_force

A. The sheriff of each parish wholly or in part situated within the limits of one of the levee districts or levee and drainage districts of the state, except the parish of Orleans, shall be ex officio the collector of all local assessments or forced contributions levied by the board of commissioners of his levee district or levee and drainage district. He shall keep a book to be furnished by the levee board or levee and drainage board of the district within whose limits his parish is situated in which he shall enter in separate columns the names of all persons who have paid produce, special assessment, or forced contribution, the date and amount of each payment, and the kind of produce on which paid and shall furnish to the secretary of the levee board or levee and drainage board on or before the fifteenth day of June of each year an exact copy of the entries on the book. He shall publish as required by the president of the various levee boards and levee and drainage boards, during fifteen days in a newspaper of the parish of the sheriff, beginning on the first Saturday of July of each year, a copy of the entries on the books, leaving out, however, the dates of payment. The price for publication shall not exceed the amount now allowed by law for the advertisement of tax sales, and in parishes where there are two or more newspapers published, publication shall be offered to each newspaper and shall be awarded to the one that will publish the books the cheapest.

B. Beginning with the taxes levied for the calendar year 1974 and thereafter, the taxes levied by the board of commissioners of the Orleans Levee District under its constitutional authority shall be collected by the city of New Orleans upon certification of the rate of the tax to the council of the city of New Orleans which shall cause the tax to be entered on the tax rolls of the city and collected in the manner and under the conditions and with the interest and penalties prescribed by law for city taxes. Such tax levied by the Orleans Levee District shall be collected at the same time as the collection of taxes levied by the city of New Orleans. The director of finance of the city of New Orleans is hereby authorized to deduct from the aggregate amount of all such taxes collected a commission in an amount and upon such terms and provisions as shall be agreed upon by the board of commissioners of the Orleans Levee District and the city of New Orleans and to deposit such amount in the general fund of the city of New Orleans, but in no instance shall the commission agreed upon be less than the actual cost of collection. The said director of finance is further authorized to deduct from the aggregate amount collected such amounts as were previously deducted by the state tax collector for the parish of Orleans for retirement systems and salary and expense funds and to make remittance of such amounts in the same manner and to the same entities as directed by law. The money then remaining from the total amount collected shall be paid to the board.

C. The cost of publication shall be paid by the levee board or levee and drainage board of the district.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2045 — LA Code / Code revised-statutes / Title 38 / Section 2045
Corporate status and powers of board; domicile; evidence of acts and proceedings; deposit of funds; warrants
Status: in_force

The board of commissioners shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a political subdivision of the state relative to the incurring of debt and the issuing of bonds therefor. The domicile of the board shall be designated by the members at the first regular meeting of the board. The board may buy and sell property, incur debt, and contract obligations in accordance with law, sue and be sued, and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and objects for which it is created. The board shall have a corporate seal, and copies of all the regulations and copies of proceedings of the board certified by its secretary, under its corporate seal, shall be received in all courts as prima facie evidence of the acts and proceedings of the board. All funds of the board shall be deposited in an account or accounts to the credit of the district and expended as provided herein.

Added by Acts 1982, No. 69, §1.
La. Rev. Stat. § 38:1679 — LA Code / Code revised-statutes / Title 38 / Section 1679
Dividing districts lying in two or more parishes
Status: in_force

Drainage districts, the territorial limits of which lie within the boundaries of two or more parishes, may be divided into separate districts in each parish by ordinances adopted by the governing authorities of the parishes concerned, and such separate districts shall constitute drainage districts within the meaning of Article XV of the Constitution of the State of Louisiana for the year 1921, as amended. Prior to the division of districts as above provided, all bonded and other indebtedness of the original district shall be paid in full or sufficient moneys to liquidate such indebtedness shall be deposited in trust in an incorporated bank within the State of Louisiana to be used solely for such purpose. Also, prior to the division of such districts, the governing authorities of the parishes concerned shall enter into an appropriate agreement setting forth the manner in which the property and assets of the original district shall be allocated between the separate districts, which agreement shall become effective upon the filing of same in the conveyance records of the parish or parishes concerned. In the event the governing authorities of the parishes concerned can not reach agreement as to the allocation of the properties and assets of the original district, then the matter of the allocation thereof shall be submitted to arbitration in the manner provided by Article 3099 et seq. of the Civil Code of Louisiana.

Upon dividing a drainage district into separate districts as above provided, all properties and assets of the original district, including but not limited to drainage facilities, servitudes, lands and properties of the original drainage district, whether acquired by purchase, expropriation or otherwise, shall be transferred to and become the property of the separate districts in accordance with the terms of said agreement. The executive officers of the original district shall be required to execute all documents necessary to accomplish the transfer of title of all the properties and assets of the original district to the separate districts so created. Thereafter, the governing authorities of the separate districts shall maintain and operate the drainage facilities contained within the separate districts and shall be charged with the responsibility of continuing a plan of leveeing, draining and reclaiming the lands contained within the separate districts, and in so doing, shall use the property and assets acquired from the original district for such purposes or for any other purpose for which the original district could have used such property and assets had it not been divided.

The governing authority of each separate drainage district created as hereinabove provided shall be a board of commissioners appointed by the governing authority of the parish concerned in accordance with the provisions of Part I, Chapter 6, Title 38 of the Louisiana Revised Statutes of 1950, as amended, except where a special charter provides that the governing authority of a parish shall be the governing authority of all drainage districts located therein, the governing authority of the parish concerned shall be the governing authority of the separate drainage district.

Added by Acts 1968, No. 89, §1.
La. Rev. Stat. § 38:7 — LA Code / Code revised-statutes / Title 38 / Section 7
Organization of department
Status: in_force

The Department of Public Works shall consist of the position of Director of Public Works and the Board of Public Works, and all divisions which may be established in accordance with this Chapter.
La. Rev. Stat. § 38:481 — LA Code / Code revised-statutes / Title 38 / Section 481
Enforcement of performance of duties by mandamus
Status: in_force

The performance of the duties imposed by this Subpart upon the board of commissioners of the levee districts and levee and drainage districts of the state and other officers of this state may be enforced by mandamus at the separate or joint suit of any holder or owners of the bonds in case of failure on the part of the board or officers to perform their duties.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1851 — LA Code / Code revised-statutes / Title 38 / Section 1851
Right to vote
Status: in_force

Only property taxpayers qualified as electors under the constitution and laws of this state shall be entitled to vote at any election hereunder. The qualifications of the taxpayers as voters shall be those of age, residence, and registration as voters, as prescribed by the constitution and statutes, without regard to sex. There shall be no voting by proxy.
La. Rev. Stat. § 38:3087.162 — LA Code / Code revised-statutes / Title 38 / Section 3087.162
Location
Status: in_force

The Turkey Creek Reservoir District is created out of the watershed of that portion of Turkey Creek located within the boundaries of the parish of Franklin.

Acts 2001, No. 475, §1.
La. Rev. Stat. § 38:1577 — LA Code / Code revised-statutes / Title 38 / Section 1577
Conveyance of pumping plants, etc., to bondholders upon surrender of bonds
Status: in_force

The governing authority of the drainage district or subdrainage district which has adopted a resolution of dissolution, may enter into a contract with the holders of the outstanding bonds of the drainage district or subdrainage district, with the consent and approval of the landowners owning ninety-five percent of the lands therein, whether the landowners are bondholders or not, whereby the drainage district or subdrainage district will convey to the holder or holders of the bonds the pumping plants, canals, ditches, rights-of-way, and other property owned by the drainage district or subdrainage district upon surrender, cancellation, and retirement of the outstanding bonds and vest in the holder of the bonds title to the pumping plants, canals, ditches, rights-of-way and other property.
La. Rev. Stat. § 38:329.4 — LA Code / Code revised-statutes / Title 38 / Section 329.4
North Lafourche Conservation, Levee and Drainage District; sales and use tax
Status: in_force

A.(1) The North Lafourche Conservation, Levee and Drainage District shall constitute a political subdivision of the state of Louisiana within the meaning of Article VI, Section 44 of the Constitution of Louisiana, and is hereby granted the authority to issue bonds and to levy taxes for the payment of principal and interest thereon under the specific authority provided herein.

(2) In addition to the authority provided by Article VI, Sections 39 and 40 of the Constitution of Louisiana, the district may levy such taxes and raise other revenue in the manner provided by law for levee districts.

(3)(a) The district may levy a district-wide sales and use tax not exceeding one percent or any fraction thereof upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property and on sales of services, all as defined and provided by law in The Uniform Local Sales Tax Code in Chapter 2-D of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, if approved by a majority of electors voting thereon in an election held for that purpose.

(b) This authorization is in addition to and is not limited by the provisions of R.S. 47:338.54, as amended, or any other law to the contrary.

(4) The district may borrow money and issue bonds in the manner provided by law for levee districts and may issue general obligation bonds as defined in Article VI, Section 33 of the Constitution of Louisiana in the manner set forth in Subpart A of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and sales tax revenue bonds as provided for in Subpart F of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.

Acts 2009, No. 390, §1.
La. Rev. Stat. § 38:2814 — LA Code / Code revised-statutes / Title 38 / Section 2814
Management of improvements
Status: in_force

The board of commissioners shall have the right to regulate the construction and use of all piers, docks, bridges and other improvements built or erected on any part of the district. The board of commissioners shall have the authority and power to regulate said improvements by the issuance of permits for same and fix a fee for the issuance of same.

Added by Acts 1966, No. 101, §14.
La. Rev. Stat. § 38:1792 — LA Code / Code revised-statutes / Title 38 / Section 1792
Contest of validity of proceedings
Status: in_force

Whenever debt has been incurred and bonds voted to be issued and a forced contribution or acreage tax levied as herein provided, any land owner having property situated within the limits of the district, during sixty days next following the publication of the proclamation of the result of the election, may contest the validity of the proceedings by suit or action in courts, after which the validity of the proceedings or the bonds authorized thereby to be issued and the tax levied or authorized to be levied, shall be absolutely incontestable for any cause whatever and no court shall have the jurisdiction to hear or determine the validity of the proceedings or the bonds. No board which is required to levy the tax shall be permitted to question its authority to do so.
La. Rev. Stat. § 38:2118 — LA Code / Code revised-statutes / Title 38 / Section 2118
Lands to be taxed
Status: in_force

All lands included within the boundaries of any irrigation district, except those lands within the corporate limits of incorporated towns and cities, shall be taxed. The fact that water from the natural or artificial waterways within the district is not used on certain lands within the boundaries of the district does not exempt that land from taxation.

Amended by Acts 1956, No. 461, §1.
La. Rev. Stat. § 38:317 — LA Code / Code revised-statutes / Title 38 / Section 317
Acquisitive prescription shall not run against levee districts
Status: in_force

The prescription by which the ownership of property is acquired as defined by Article 3446 of the Louisiana Civil Code shall not run against any levee district or levee and drainage district or against the board of commissioners of any levee district or levee and drainage district.

Acts 1985, No. 785, §1, eff. July 22, 1985.