La. Rev. Stat. § 38:3087.350 — LA Code / Code revised-statutes / Title 38 / Section 3087.350
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. Nothing in this Section shall prohibit the temporary and otherwise lawful anchorage of boats and watercraft or the otherwise lawful use of legal fishing gear.

(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 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:2228 — LA Code / Code revised-statutes / Title 38 / Section 2228
Revised Statutes 2228
Status: in_force

§§2228 to 2232. Repealed by Acts 1979, No. 715, §3, eff. July 1, 1980.
La. Rev. Stat. § 38:2554 — LA Code / Code revised-statutes / Title 38 / Section 2554
Dam construction; board of commissioners created
Status: in_force

The department of public works is hereby granted the power and authority and is hereby directed to build and construct such dams and other works as may be necessary or beneficial to carry out the purposes of this Part and to create and impound an industrial water supply, in accordance with a survey and estimates to be made and established by the engineers of the said department. The board of commissioners of the Bayou D'Arbonne Lake Watershed District, with its powers and duties as defined herein, is hereby created and established for the purpose of aiding and assisting the said department of public works during the actual construction stage and process of this project, and is established as the governing authority of said district after the completion of the construction process by the said department of public works of the state of Louisiana.

Added by Acts 1956, No. 9, §4.
La. Rev. Stat. § 38:1482 — LA Code / Code revised-statutes / Title 38 / Section 1482
Improvement of canals for navigation purposes
Status: in_force

Where any canals within a drainage district are suitable for the purpose of navigation, or by any additional works and expenditures may be made suitable to the purposes of navigation, the commissioners of the drainage district may enter into contracts with the commissioners of any navigation district, municipalities, corporations, or private individuals for the purpose of improving or maintaining of the canals. They may make rules and regulations for the use of the canals and impose any tolls they may deem proper for the maintenance of the canals. No part of the acreage or millage taxes which may have been imposed for the purpose of paying for the cutting of canals or for the retirement of the principal and interest on any bonds, or for the maintenance of drainage canals shall be used for the purpose of making the canals navigable. All additional revenues which may be derived from any contract under which the canals have been extended, widened, or deepened for the purpose of navigation, or any moneys received from tolls may be used not only for the purpose of maintaining the canals as navigable canals but for the betterment of the drainage system.

The commissioners of the drainage districts may construct along the banks of the canals, or contract in the same manner as provided in this Section with other parties to construct along and over the canal bank roads, trams, or other means of transportation which will enable the freer use of the canals and also furnish better means of transportation in the territories contiguous to the canals.

The drainage districts may resort to expropriation proceedings in the same manner and under the same conditions as they are now authorized to do for acquisition of the land necessary for the cutting of the canals as well as the land contiguous thereto necessary as banks of the canals.
La. Rev. Stat. § 38:90.13 — LA Code / Code revised-statutes / Title 38 / Section 90.13
System of administration
Status: in_force

Each recipient authority shall adopt a system of administration which shall require approval of the governing authority for any expenditures made out of state and local matching funds and no member of the recipient authority shall expend any funds in his ward or district without the approval of the governing authority. Each recipient authority shall adopt a system of administration which shall include the development of a capital improvement program on a selective basis, centralized purchasing of equipment and supplies, centralized accounting, and selective maintenance and construction based upon engineering plans and inspections. Funds appropriated for a project shall not be expended for any other purpose. All contracts for materials, construction, or services shall be advertised and awarded to the lowest responsible bidder in accordance with the provisions of R.S. 38:2212.

Added by Acts 1982, No. 351, §1.
La. Rev. Stat. § 38:2103 — LA Code / Code revised-statutes / Title 38 / Section 2103
Recordation of ordinance creating district; publication
Status: in_force

Certified copies of all ordinances of police juries creating irrigation districts under the provisions of this Part shall be recorded in the mortgage records of each parish in which any of the land is situated comprising the irrigation district.

The ordinance creating the irrigation district, after having been so recorded, shall be published once a week for two successive weeks in the official journal of each parish in which any lands of the district are situated. If there is no official journal in a parish, then copies of the ordinance shall be posted on the principal front door of the court house of the district court of each parish in which any lands of the district are situated, and shall also be posted at not less than four other public places within the irrigation district.
La. Rev. Stat. § 38:2109 — LA Code / Code revised-statutes / Title 38 / Section 2109
Oaths of commissioners
Status: in_force

Before entering upon his official duties, each commissioner of an irrigation district created under this Part shall take and subscribe to an oath before an officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially perform the duties devolving upon him as a commissioner of the irrigation district in which he was appointed, and that he will not neglect any of the duties imposed upon him by this Part. The oaths of the commissioners shall be recorded in the record book of the irrigation district.
La. Rev. Stat. § 38:1614 — LA Code / Code revised-statutes / Title 38 / Section 1614
Corporate status and powers of district
Status: in_force

Any drainage district shall constitute a body corporate in law, with all the powers of a corporation. It shall have perpetual existence, incur debts 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 necessary and proper for the carrying out of the purposes and objects for which the drainage district was created.

The drainage district may expropriate property for the purpose of acquiring sites for pumping stations or acquiring land for any other purpose that it may find necessary to carry out the purposes for which it was created. The drainage district may acquire machinery, maintain pumping plants or any machinery whatever that may be found necessary for the purpose of draining or reclaiming any of the lands embraced within the drainage district, and shall own the right of way for levees, canals and ditches, and all sites which are acquired either by donation, purchase or expropriation, in full ownership.

The drainage districts may contract with other drainage districts, sub-drainage districts, gravity drainage districts, gravity sub-drainage districts, and municipal corporations, to undertake and complete, as a joint enterprise, works which are of mutual benefit, but the proportion which each drainage district, sub-drainage district, gravity drainage district, gravity sub-drainage district, or municipality, shall contribute shall be determined in advance. The work so jointly undertaken shall belong to the drainage district, sub-drainage district, gravity drainage district, gravity sub-drainage district, or municipality contributing to the construction thereof in proportion to the contribution. The chief engineer is authorized to include in his plan of reclamation as provided for in R.S. 38:1621, the work thus to be undertaken as a joint enterprise.

A drainage district may open, deepen and enlarge natural drains within or without the district which may be deemed necessary, and perform all work connected therewith which may be deemed necessary, to make the natural drains effective. The drainage district may cut and open new drains and canals wherever deemed necessary, and in order to carry out this drainage work the drainage commissioners are specially authorized to enter into contracts for the performance of this work, or to purchase machinery and cause the work to be done without the necessity of advertising for bids, and perform all other acts necessary to fully drain all the land in their district, or sub-drainage district, and maintain the drainage when established.

The drainage commissioners of a drainage district, for the purpose of securing a proper outlet for the waters of the district they represent, may extend canals or ditches, or both canals and ditches, beyond the limits of their respective districts with the same power and authority of expropriating the right-of-way in the same manner and to the same extent as if the canals and ditches were wholly within the district they represent.

In all cases where a drainage district created under the provisions of this Part shall not have incurred debt nor issued bonds not entirely paid in principal and interest, the police jury or juries creating the district may, with the concurrence of the board of commissioners and chief engineer of the district, change the boundaries of the drainage district so as to enlarge or diminish the district, or may entirely repeal the ordinance creating the drainage district.
La. Rev. Stat. § 38:374 — LA Code / Code revised-statutes / Title 38 / Section 374
Swearing of jurors; selection of foreman
Status: in_force

When the jury has been accepted by all parties, the jurors shall be sworn to try the case in a just and impartial manner to the best of their judgment and to render a verdict according to the law and the evidence. When the jury has retired, the jurors shall select a foreman to preside over them and sign the verdict which they may render.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.120 — LA Code / Code revised-statutes / Title 38 / Section 3087.120
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 oilfield 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 which would render the water unfit for irrigation purposes or for human consumption through water districts or would destroy aquatic and fish life in the lake.

(2) Each and every day that oil, salt water, or any other substance described in Paragraph B(1) is permitted to flow into natural streams or drains which 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 upon 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, which 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 more than sixty days, or both.

Acts 1999, No. 588, §1.
La. Rev. Stat. § 38:2561 — LA Code / Code revised-statutes / Title 38 / Section 2561
Enumerated powers
Status: in_force

In order to accomplish the purposes of the district and the creation and construction of the said lake, the state department of public works is hereby authorized:

(1) To purchase, hold, sell and convey land and personal property and execute such contracts as may be deemed necessary or convenient to enable it to properly carry out the purpose of the construction of the said dam, spillway across said Bayou D'Arbonne and the creation, control and organization of Bayou D'Arbonne Lake;

(2) To acquire servitudes, rights of way and flowage rights, by purchase or expropriation;

(3) To assist in conserving the soil and water and in developing the water resources of the district;

(4) To contract for the construction of the proposed works and improvements;

(5) To construct any drainage works or improvements for the control, retention, diversion or utilization of water; retard runoff of water and soil erosion; construct any ditch, channel improvement, dike, dam or levee and repair, improve and maintain any of said improvements or structures;

(6) Acquire such personal property, by gift or purchase, as is necessary in the construction of said dam and the creation of the said D'Arbonne Lake;

(7) To do any and all things necessary or incident to the fulfillment of the purposes of this Part.

Added by Acts 1956, No. 9, §11.
La. Rev. Stat. § 38:301 — LA Code / Code revised-statutes / Title 38 / Section 301
Construction and maintenance of levees and drainage; care and inspection of levees; measure of compensation; right of entry; bicycle paths and walkways
Status: in_force

A.(1) The levee boards and levee and drainage boards of this state may construct and maintain levees, drainage, and levee drainage, and do all other things incidental thereto.

(2) The levee boards and levee and drainage boards may do all drainage work incidental to or made necessary by the construction of the levee system in this or adjoining states. However, any construction project undertaken shall be in accordance with the provisions of R.S. 38:2211 et seq.

(3) Along the main line levees of the Mississippi River in Ascension, East Baton Rouge, Iberville, Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, and West Baton Rouge parishes, levee boards and levee and drainage boards may construct bicycle paths and walkways along the top of the levees. The legal servitude granted to a levee board and a levee and drainage board pursuant to law shall include the construction of bicycle paths and walkways along the top of levees as provided in this Section.

(4) Levee boards or levee and drainage boards, or the governing authority where a levee district does not exist, may allow the public to utilize for recreational purposes as long as the structural integrity of the levee or flood control structure is not compromised, levees under the jurisdiction of the board, or by the governing authority where a levee district does not exist, and may construct or permit bicycle paths and walkways.

B. Except as provided in R.S. 38:330.2(I), the care and inspection of levees shall devolve on resident commissioners, assisted by such inspectors and watchmen as may be appointed pursuant to regulations, which the boards are hereby authorized to adopt. Each resident commissioner and any inspector or watchman who may be appointed shall attend once during his term of office an educational training program conducted by the Department of Transportation and Development or, if the levee district 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, such training shall be every two years, or twice during a term in office, and shall be conducted by the Coastal Protection and Restoration Authority Board.

C.(1)(a) All lands, exclusive of batture, and improvements hereafter actually taken, used, damaged, or destroyed for levee or levee drainage purposes shall be paid for at fair market value to the full extent of the loss.

(b)(i) The owner shall be given written notice of the appropriating resolution by the levee board within ten days of the date of its passage.

(ii) The Terrebonne Levee and Conservation District shall provide the notice required by this Subparagraph by certified mail sent to the last record property owner as reflected in the parish assessment rolls at the address recorded in the assessment rolls. This notice shall be complete upon mailing. Notice of adoption of the appropriation resolution shall also be published in the official journal of the Terrebonne Levee and Conservation District within ten days after its adoption.

(iii) The South Lafourche Levee District shall provide the notice required by this Subparagraph by certified mail sent to the last record property owner as reflected in the parish assessment rolls at the address recorded in the assessment rolls. This notice shall be complete upon mailing. Notice of adoption of the appropriation resolution shall also be published in the official journal of the South Lafourche Levee District within ten days after its adoption.

(c) Payment by the federal, state, or local government, under existing or prior law, for the loss of lands or improvements used, damaged, or destroyed for levee or levee drainage purposes shall constitute payment in full for the exercise of a permanent levee servitude as provided by law over the lands and improvements when taken, used, damaged, or destroyed. No additional payment shall be due the owner for future work performed on, or the future taking, use, damage, or destruction of, the same lands or improvements over which the permanent servitude is taken and for which any compensation has been paid, for levee or levee drainage purposes.

(d) The term "same lands or improvements" shall include, but not be limited to, the levee servitude right of way, borrow areas, and areas determined to have been depreciated in value from the former use, drainage, or destruction for levee or levee drainage purposes.

(e) Notwithstanding any other provision to the contrary, the various levee districts shall also have the authority to appropriate lands and improvements for temporary servitudes for levee construction purposes. As to these temporary servitudes, the "fair market value" shall mean the use value of the lands actually used for the period of time utilized by the appropriating agency.

(f) It shall be the duty of the appropriating agency to specify and delineate at the time of the appropriating resolution, whether areas taken shall be burdened with a permanent levee servitude or a temporary servitude for levee construction purposes.

(g) "Use" shall be deemed to occur at the time the levee board formally adopts its resolution specifically describing an area to be utilized for levees and levee drainage purposes through the exercise or acquisition of a permanent levee servitude or a temporary servitude provided that actual use of the property commences within two years of the adoption of the resolution. Notice by certified mail shall be given to the owner within five days of the adoption of the resolution.

(h) The measure of compensation for lands and improvements taken or destroyed for levee and levee drainage purposes by way of a permanent levee servitude shall be the fair market value of the property taken or destroyed before the proposed use of the property or construction of the levee facilities, without allowing any change in value caused by the construction of the levee facilities. The measure of damages, if any, to the remaining property of the owner by reason of the use or destruction of a portion of the property is determined on a basis of immediately before and immediately after the use or destruction of the property for levee drainage construction, taking into consideration the effects of the completion of the project in the manner proposed or planned.

(i) The compensation for a permanent levee servitude defined herein shall apply to all lands, exclusive of batture, and improvements appropriated, taken, used, damaged, or destroyed for levee purposes after the effective date of this Act.

(j) Nothing contained in this Subsection shall apply to batture or to property the control of which is vested in the state or any political subdivision for the purpose of commerce.

(2)(a) The compensation due under the provisions of this Subsection shall be paid to the owner within one year after the actual taking, use, damage, or destruction of the property in accordance with the provisions of this Section.

(b) Immediately after the actual taking, use, damage, or destruction of the property, the levee board shall make an estimate of the compensation due under the provisions of this Section, and shall make an estimate of the revenues available to the levee board from all sources from which to make the payment of the compensation; however, the estimate of revenues shall not take into account any taxes levied after the time of the actual taking, use, damage or destruction of the property, except such taxes as may be levied pursuant to authorization and approval by the voters in the district. If revenues available to the levee board are sufficient to pay the compensation due to the owner, the levee board shall pay the owner within one year of the actual taking, use, damage, or destruction of the property.

(c) The amount of compensation due to the owner shall be paid, from funds appropriated by the legislature, by 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. The levee board shall immediately notify the office of engineering of the estimate of the amount of compensation due to the owner, the amount of revenues available to the board, and the amount of insufficient revenues. Upon such notification, the office of engineering shall make its own estimate of the monies available to the levee board, and the amount of compensation to the owner. If the estimates of the levee board and the office of engineering differ, the estimates of the office of engineering shall be controlling.

(d) As used in this Paragraph, the term "levee board" shall not apply to the governing authority of a levee district which has been merged or consolidated into a local government pursuant to the provisions of Article VI, Section 16 of the Constitution of Louisiana.

(e) Repealed by Acts 2010, No. 853, §1.

(f) Reasonable attorneys' fees may be awarded by the court if the amount of the compensation found to be due by the state, the levee board, or the federal government is less than the amount of compensation awarded in any judgment seeking additional compensation. The attorneys' fees shall not exceed twenty-five percent of the difference between the award and the amount found to be due by the state, the levee board, or the federal government.

(g)(i) Payment by the Terrebonne Levee and Conservation District of its estimated compensation, if any, as required by this Section shall be made by certified mail to the last record property owner as reflected in the parish assessment rolls at the address recorded therein.

(ii) All claims regarding compensation to be paid by the Terrebonne Levee and Conservation District for property appropriated for levee or levee drainage purposes or matters incidental thereto, which shall be limited to the fair market value of the property, shall be filed in the Thirty-Second Judicial District Court of Terrebonne Parish within one hundred eighty days after the district mails payment of its estimated compensation to the property owner. Notwithstanding the provisions of Code of Civil Procedure Article 1201(C), service of the citation shall be requested to be made immediately upon the district.

(h)(i) Payment by the South Lafourche Levee District of its estimated compensation, if any, as required by this Section shall be made by certified mail to the last record property owner as reflected in the parish assessment rolls at the address recorded therein.

(ii) All claims regarding compensation to be paid by the South Lafourche Levee District for property appropriated for levee or levee drainage purposes or matters incidental thereto, which shall be limited to the fair market value of the property, shall be filed in the Seventeenth Judicial District Court of Lafourche Parish within one hundred eighty days after the district mails payment of its estimated compensation to the property owner. Notwithstanding the provisions of Code of Civil Procedure Article 1201(C), service of the citation shall be requested to be made immediately upon the district.

(3)(a) Any owner or co-owner of property appropriated by the Terrebonne Levee and Conservation District for levee or levee drainage purposes or for matters incidental thereto may, within sixty days after the adoption of the resolution appropriating the property, contest the validity of the appropriation as it pertains to the owner's or co-owner's respective ownership interests in the property by filing in the Thirty-Second Judicial District Court of Terrebonne Parish a verified petition contesting the appropriation. Notwithstanding the provisions of Code of Civil Procedure Article 1201(C), service of the citation shall be requested to be made immediately upon the district. Failure of any owner or co-owner to contest the appropriation within sixty days after adoption of the appropriation resolution constitutes a loss of all rights or claims of that owner or co-owner of property appropriated for levee or levee drainage purpose or for matters incidental thereto to challenge or contest the appropriation, except for claims for compensation filed in accordance with Subparagraph (2)(g) of this Subsection. The filing of a petition pursuant to this Paragraph shall not interrupt or suspend the sixty-day time period within which any other owner or co-owner of property appropriated for levee or levee drainage purpose or matters incidental thereto must file a petition challenging or contesting the appropriation. Notwithstanding the provisions of Code of Civil Procedure Articles 591 through 597, no class action may be brought or maintained to contest the appropriation by the Terrebonne Levee and Conservation District of property for levee or levee drainage purposes or matters incidental thereto.

(b) In the event that a petition contesting the validity of the appropriation is filed within sixty days of adoption of the resolution, the Terrebonne Levee and Conservation District may proceed to expropriate petitioner's ownership interest in said property pursuant to R.S. 38:351 et seq., without incurring any obligations, damages, or liability other than the obligation to pay fair market value of the taken property.

(4)(a) Any owner or co-owner of property appropriated by the South Lafourche Levee District for levee or levee drainage purposes or for matters incidental thereto may, within sixty days after the adoption of the resolution appropriating the property, contest the validity of the appropriation as it pertains to the owner's or co-owner's respective ownership interests in the property by filing in the Seventeenth Judicial District Court of Lafourche Parish a verified petition contesting the appropriation. Notwithstanding the provisions of Code of Civil Procedure Article 1201(C), service of the citation shall be requested to be made immediately upon the district. Failure of any owner or co-owner to contest the appropriation within sixty days after adoption of the appropriation resolution constitutes a loss of all rights or claims of that owner or co-owner of property appropriated for levee or levee drainage purposes or for matters incidental thereto to challenge or contest the appropriation, except for claims for compensation filed in accordance with Subparagraph (2)(h) of this Subsection. The filing of a petition pursuant to this Paragraph shall not interrupt or suspend the sixty-day time period within which any other owner or co-owner of property appropriated for levee or levee drainage purposes or matters incidental thereto must file a petition challenging or contesting the appropriation. Notwithstanding the provisions of Code of Civil Procedure Articles 591 through 597, no class action may be brought or maintained to contest the appropriation by the South Lafourche Levee District of property for levee or levee drainage purposes or matters incidental thereto.

(b) In the event that a petition contesting the validity of the appropriation is filed within sixty days of adoption of the resolution, the South Lafourche Levee District may proceed to expropriate petitioner's ownership interest in said property pursuant to R.S. 38:351 et seq., without incurring any obligations, damages, or liability other than the obligation to pay fair market value of the taken property.

D. Levee boards and levee and drainage boards and their authorized agents and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making such surveys, soundings, drillings, and examinations as they may deem necessary or convenient for carrying out the purposes of this Chapter, which entry shall not be deemed a civil or criminal trespass nor a temporary construction servitude, nor shall it be deemed an entry under any eminent domain proceedings which may be then pending, provided that prior written notice of five days to resident owners and fifteen days to nonresident owners be given to the last record property owner as reflected in the parish assessment rolls. Written notice shall consist in mailing the notice by certified mail to the last known address of the owner as shown in the current assessment records. The levee boards and/or levee and drainage board shall indemnify the property owner for any loss or injury resultant from entry upon the property and shall make reimbursement for any actual damages resulting to lands, waters, and premises as a result of these activities.

E.(1) Neither a levee board nor a levee and drainage board nor a governing authority where a levee district does not exist, or their employees, that constructs or permits a bicycle path or walkway or allows the use for recreational purposes, levees as provided in Subsection A of this Section, nor the owner, operator, or lessee of property utilized for levee and levee drainage purposes nor the state shall be liable for any personal injury, property damage, or other loss which occurs while a person enters onto such property for recreational purposes, unless the injury, damage, or loss was caused by the deliberate and wanton act or gross negligence of the state, the levee district, or the governing authority, or the owner, operator, or lessee of property utilized for levee or levee drainage purposes, or any officer, employee, or agent thereof.

(2) Nothing contained in this Section shall prevent or restrict a landowner, operator, lessee, or adjacent landowners from the normal, reasonable, and foreseeable use of levee property upon which a bicycle path or walkway is constructed.

(3) Nothing contained in this Section shall be construed to prevent any landowner from seeking compensation under existing law for use of such landowner's property pursuant to this Section.

(4) Nothing contained in this Section shall be construed to require the removal or modification of any existing structure or pipeline lawfully placed upon or crossing a levee in order to construct a bicycle path or walkway.

F. Nothing in this Section shall be interpreted to either encourage or require a levee district or a levee and drainage district to allow the public to utilize for recreational purposes levees under the jurisdiction of the board or governing authority nor shall the provisions of this Section be interpreted to encourage or require a levee district or levee and drainage district to construct, or allow to be constructed, bicycle paths or walkways on the levees.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1992, No. 182, §1, eff. June 8, 1992; Acts 1999, No. 1340, §1; Acts 2001, No. 432, §1, eff. June 15, 2001; Acts 2003, No. 243, §1; Acts 2003, No. 916, §1; Acts 2004, No. 82, §1; Acts 2005, No. 49, §1, eff. June 16, 2005; Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2010, No. 853, §1; Acts 2010, No. 920, §1; Acts 2010, No. 923, §1; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2012, No. 753, §5; Acts 2016, No. 430, §4.
La. Rev. Stat. § 38:496 — LA Code / Code revised-statutes / Title 38 / Section 496
Deposit of bonds with state treasurer; withdrawal
Status: in_force

The bonds authorized by R.S. 38:491 shall be deposited with the state treasurer as soon as they have been printed; and before the bonds have been signed by the president of the board and attested by the signature of the secretary of the board of commissioners as provided by R.S. 38:492, they shall be registered at the office of the auditor who shall keep a record of the bonds. The bonds shall not be withdrawn from the treasury of the state except upon the warrant of the state auditor issued upon the order of the board of commissioners and countersigned by the secretary and in pursuance of a resolution of the board adopted at a regular meeting and shall not be withdrawn except after having all matured coupons removed. All matured coupons taken from the bonds shall be cancelled by the treasurer. The auditor and treasurer of the state shall keep a record of the bonds and of the coupons, subject to the inspection of any persons interested, and the bonds thus withdrawn from the treasury shall be conclusively presumed to have been executed, issued, and negotiated by the board.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1662 — LA Code / Code revised-statutes / Title 38 / Section 1662
Connection of ditches; drainage systems, and watercourses with works and improvements of district
Status: in_force

At the time of the construction in any district organized under this Part of the plan for reclamation hereinbefore referred to, all ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any of the lands in the district, be connected with and made a part of the works and improvements of the plan for reclamation of the district. No ditches, drains or systems of drainage constructed in the district after the completion of the plan for reclamation of the district, shall be connected therewith, unless the consent of the board of commissioners shall be first obtained. The consent shall be in writing and shall particularly describe the method, term, and conditions of the connection, and shall be approved by the chief engineer. The connection, if made, shall be in strict accord with the methods, terms, and conditions laid down in the consent. If the land owners wishing to make the connection are refused by the board of commissioners or decline to accept the consent granted, the land owners may bring suit against the board of commissioners for the connection, in the district court having jurisdiction, and the matter in dispute shall be decided in a summary manner by the courts. No connection with the works or improvements of the plan for reclamation of the district or with any ditch, drain or artificial drainage wholly within the district, shall be made, caused, or effected by any land owners, company, or corporation, municipal or private, by means of or with any ditch, drain, cut, fill, roadbed, levee, embankment, or artificial drainage, wholly without the limits of the district, unless the connection is consented to by the board of commissioners, or in the manner hereinbefore provided.
La. Rev. Stat. § 38:1674.1 — LA Code / Code revised-statutes / Title 38 / Section 1674.1
Construction of drainage projects; financing
Status: in_force

The board of commissioners is authorized to construct projects for the drainage of lands in the district by the construction, improvement, extension, renewal and/or replacement of drainage facilities, including canals, ditches, pumps, levees and related buildings, machinery, rights-of-way and sites, and to finance all or part of the cost thereof by the levy of local or special assessments and the issuance and sale of drainage certificates, in the manner hereinafter set forth. All of such projects, works and improvements are hereby determined to be works of public improvement as contemplated by and included in Article X, section 13 of the Louisiana Constitution for the year 1921, as amended, and drainage districts created and organized under this Part are likewise determined to be subdivisions under such constitutional provision.

Added by Acts 1962, No. 144, §1. Amended by Acts 1970, No. 617, §1.
La. Rev. Stat. § 38:2246 — LA Code / Code revised-statutes / Title 38 / Section 2246
Attorney's fees
Status: in_force

A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim, whether by concursus proceeding or separate suit, shall be allowed ten percent attorney's fees which shall be taxed in the judgment on the amount recovered.

B. If the trial court finds that such an action was brought by any claimant without just cause or in bad faith, the trial judge shall award the principal or surety a reasonable amount as attorney's fees for defending such action.

Acts 1991, No. 543, §1.
La. Rev. Stat. § 38:2354 — LA Code / Code revised-statutes / Title 38 / Section 2354
Master and annual plans; development; priorities
Status: in_force

A.(1) The board shall, in accordance with the procedures set forth in this Section, develop a master plan and an annual plan for protecting, conserving, enhancing, and developing the area outside the coastal zone through the construction and management of integrated projects and programs, including privately funded projects or plans, and addressing those activities that significantly affect such projects, all consistent with the legislative intent as expressed in this Chapter, and which plan shall be subject to the approval of the legislature as provided in Subsections B and E of this Section. In addition, the board, in accordance with the procedures set forth in this Section including legislative approval, shall review, revise, and amend the master plan when necessary or, at a minimum, every six years.

(2) The master plan and the annual plan shall include requests for funding of projects and programs related to the authority's mission. The annual plan shall include at least a three-year projection of funding of projects and programs related to the authority's mission, including but not limited to relevant public or private funding sources.

B. The board shall develop the master and annual plans in accordance with the following procedure:

(1) The board shall conduct not less than three public hearings in separate locations in the upland parishes for the purpose of receiving comments and recommendations from the public and elected officials. All public hearings must be held at least sixty days prior to the submission of the plans to the legislature.

(2) At least two weeks prior to each public hearing the board shall contact the parish governing authorities, regional flood protection authorities, levee districts, and the state legislators of the parishes in the area for the purpose of soliciting their comments and recommendations and notifying them of the public hearing to be held in their area.

(3) Ten days prior to the first such public hearing the board shall publish in the Louisiana Register and the official state journal the schedule of public hearings setting out the location, place, and time of all the hearings.

(4) At least seven days prior to each hearing the board shall publish a notice of the hearing in the official journal of each parish within the area of the hearing. The notice of a hearing shall have been published in the official journal of each parish in the upland area prior to the final scheduled public hearing. The board may provide for additional public hearings when necessary upon at least three days notice published in the official journal of the parishes in the area of the hearing and written notice to the parish governing authorities.

(5) The board shall receive written comments and recommendations until thirty days prior to the submission of the master and annual plans to the legislative committees.

C. The master plan shall address the authority's efforts from both short-term and long-range perspectives and shall incorporate structural, management, and institutional components of both efforts. The plan shall include but not be limited to the following:

(1) A list of projects and programs required for the protection, conservation, enhancement, and development of the noncoastal area and the action required of each state agency to implement said project or program.

(2) A schedule and estimated cost for the implementation of each project or program included in the master plan.

D.(1) Where feasible, the master plan shall include scientific data and other reasons, including but not limited to the social, geographic, economic, engineering, and biological considerations as to why each project or program was selected for inclusion. Specifically, an explanation shall be included as to how each project or program advances the plan objectives with respect to the protection, conservation, enhancement, and development of the upland area.

(2) Prior to recommending any project for inclusion in the master plan, the board shall identify and declare in writing:

(a) The public use benefits intended to be derived from the project that justify the project.

(b) The use benefits that private landowners are expected to derive from the project.

(c) The manner in which the benefits will be realized over the life of the project.

(d) The entities or persons who will be responsible for the long-term operation and maintenance of the project both in terms of manpower and cost.

(e) The entities or persons who will be responsible for monitoring the project to ensure that it is functioning properly and realizing the intended public and private benefits.

E.(1) After adoption by the board, the master plan shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works for approval. In addition, the annual plan shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works on or before the fifteenth day of the regular legislative session of each year. The committees shall take action on the annual plan on or before June first of each calendar year.

(2) If any committee disapproves a plan, it shall send the plan back to the authority together with a brief summary of the reasons for disapproval and may make recommendations concerning changes it deems necessary or appropriate to remedy any deficiencies in the plan.

(3) The legislature may approve or disapprove a plan by resolution adopted by a majority vote of the members of each house of the legislature. If the legislature disapproves a plan, it shall include in the resolution a brief summary of the reasons for disapproval and may make recommendations concerning any changes it deems necessary or appropriate to remedy any deficiencies in the plan.

(4) If the legislature approves the master plan, or if the legislature fails to take action on the master plan within sixty days after the plan is submitted, the board shall provide for implementation of the plan as submitted. If the legislature approves the annual plan, or if the legislature fails to disapprove the annual plan by July first, the board shall provide for implementation of the plan as submitted. The projects and programs provided for in the annual plan shall be undertaken in conformity with the order of priority as contained in the annual plan.

(5) At any time subsequent to the adoption or implementation of a plan in accordance with the procedure set forth in this Section, the board may amend or supplement the plan to add or delete projects and programs. No project shall be added or deleted unless and until the amendment to the plan is approved as provided in this Section. Any such amendment to the plan submitted to the legislature shall conform to the requirements specified in Subsections B and D of this Section.

Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:2225.2 — LA Code / Code revised-statutes / Title 38 / Section 2225.2
Design-build contracts
Status: in_force

Neither the state nor any local entity, unless specifically authorized by law, may execute any agreement for the purchase of unimproved property which contains provisions related to the successful design and construction of a construction project prior to the transfer of title to the state or local entity.

Acts 2004, No. 361, §1, eff. June 21, 2004.
La. Rev. Stat. § 38:2317 — LA Code / Code revised-statutes / Title 38 / Section 2317
Ownership of documents
Status: in_force

A. Any and all plans, designs, specifications, or other construction documents resulting from professional services paid for by any public entity shall remain the property of the public entity whether the project for which they were prepared was constructed or not. Except as otherwise provided herein, such documents may be used by the public entity to construct another like project without the approval of, or additional compensation to, the design professional.

B. The designer shall not be liable for injury or damage resulting from any re-use of plans, designs, specifications, or other construction documents by a public entity, if the designer is not also involved in the re-use project.

C. The designer may re-use his design documents however he so desires.

D. The right of ownership provided for in this Section shall not be transferable.

E. Prior to the re-use of construction documents for a project in which the designer is not also involved, the public entity shall remove and obliterate from the construction documents all identification of the original designer, including name, address, and professional seal or stamp.

Acts 1982, No. 693, §1; Acts 1991, No. 177, §1, eff. July 2, 1991.
La. Rev. Stat. § 38:214 — LA Code / Code revised-statutes / Title 38 / Section 214
Interference with drainage prohibited
Status: in_force

A. No person shall dump or discharge or permit to be dumped or discharged into any drains of the local governing body any trees or other objects, substances, or materials which might interfere with the drainage.

B. Upon the request of the local governing body, every person convicted of a violation of this Section shall be fined not less than twenty-five dollars nor more than three hundred dollars.

C. Each fine imposed pursuant to the provisions of this Section shall be collected by the court and forwarded to the local governing body.

NOTE: §214 as amended by Acts 2025, No. 418, §1, eff. Aug. 1, 2025.

§214. Interference with drainage prohibited

A. No person shall dump or discharge or permit to be dumped or discharged into any waters or drains of the state any trees or other objects, substances, or materials which might interfere with the drainage.

B. Upon the request of the Department of Transportation and Development, the Coastal Protection and Restoration Authority, 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, the state police shall issue a citation to any person who is in violation of this Section. Every person convicted of a violation of this Section shall be fined not less than twenty-five dollars nor more than three hundred dollars.

C. Upon the request of the Department of Transportation and Development, the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority, or the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board, if the area is located within the upland area, as defined in R.S. 38:2352, and involves integrated upland projects, the local governing authority shall issue a citation to any person who is in violation of this Section. Every person convicted of a violation of this Section shall be subject to a criminal fine of not less than twenty-five dollars nor more than three hundred dollars.

D. Each fine imposed pursuant to the provisions of this Section shall be collected by the court and forwarded to the state treasurer for deposit in the state treasury.

Acts 2010, No. 233, §1; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2016, No. 430, §4; Acts 2025, No. 418, §1; Acts 2025, No. 452, §2.
La. Rev. Stat. § 38:2873 — LA Code / Code revised-statutes / Title 38 / Section 2873
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 said lake, as may within the opinion of the said board become necessary, and said district shall have the right of eminent domain and expropriation in the exercise of such powers.

Added by Acts 1966, No. 299, §13.
La. Rev. Stat. § 38:2612 — LA Code / Code revised-statutes / Title 38 / Section 2612
Tax exemption; lease of lands for production of minerals
Status: in_force

Should the district or the department of public works acquire servitude, right of way or flowage right over any property as distinguished from the fee simple title thereto such property shall not be subject to any ad valorem tax or tax of any nature by the state of Louisiana or any political subdivision thereof so long as such property is used for the purpose of the district. The provisions of this Part shall in no wise abridge the right of any individual, person, firm or corporation from whom a servitude, right of way, or flowage right may have been acquired to lease the land subject thereto for the production of oil, gas or other minerals and to produce or cause to be produced oil, gas or other minerals from such property.

Added by Acts 1958, No. 292, §12.
La. Rev. Stat. § 38:2238 — LA Code / Code revised-statutes / Title 38 / Section 2238
Short title and application
Status: in_force

A. This Part shall be known as the "Political Subdivisions Used Fire and Emergency Response Vehicle Procurement Law".

B. The provisions of this Part shall be applicable to any political subdivision of the state, as defined in Article VI, Section 44 of the Constitution of Louisiana, for the procurement of used fire and emergency response vehicles, including associated equipment, with a per-unit purchase cost of less than one hundred thousand dollars and only as such vehicles and associated equipment are defined in this Part.

Acts 1999, No. 296, §1, eff. June 11, 1999.
La. Rev. Stat. § 38:2914 — LA Code / Code revised-statutes / Title 38 / Section 2914
Property exempt from taxation
Status: in_force

The lands which lie within and form the proposed lake proper shall not be subject to any ad valorem taxation or any other tax of any nature whatsoever by either the state of Louisiana or any of its political subdivisions, for so long as the said lands shall form and lie within the lake proper. All property acquired, however, regardless of the manner in which it is acquired or the source from which it is acquired, shall thereafter become the property of the State of Louisiana for the use and benefit of the Jackson Parish Watershed District.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:2560 — LA Code / Code revised-statutes / Title 38 / Section 2560
Department of public works; general powers
Status: in_force

The department of public works of the state of Louisiana is hereby authorized to do and to perform all acts necessary to construct, lease, acquire in any manner, maintain, and operate dikes, dams, reservoirs, storage basins, locks, levees, flumes, conduits, spillways and any and all structures necessary, suitable or convenient for the purpose of the construction and creation of Bayou D'Arbonne Lake and the dam creating such lake located on or near the Northwest Quarter of Section 23, Township 20 North, Range 1 East, Union Parish, Louisiana across Bayou D'Arbonne, in accordance with appropriate plans of the engineers of the said department of public works and the survey or surveys made or to be made by the department in connection with the creation and construction of the said Bayou D'Arbonne Lake.

Added by Acts 1956, No. 9, §10.
La. Rev. Stat. § 38:1674.5 — LA Code / Code revised-statutes / Title 38 / Section 1674.5
Report of costs; assessments
Status: in_force

Upon the award of the contract as hereinabove provided, the treasurer of the board of commissioners shall prepare a report showing the total cost of the said improvements, including a reasonable amount for engineering fees, legal fees, contingencies and all other expenses incidental to the cost, which report shall also show the amount chargeable to each assessable lot or parcel of real estate in the assessment area of the district in accordance with the provisions of the resolution of intention required by R.S. 38:1674.2. Thereafter, there shall be introduced at any regular meeting or at a special meeting of the board an ordinance levying a local or special assessment on each assessable lot or parcel of real estate in the assessment area of the district in the amount chargeable to it, and no final action shall be taken on final adoption of such ordinance at the meeting at which it is introduced or prior to the next regular meeting of the board occurring at least three weeks after its introduction. Such ordinance shall be introduced substantially in the form in which it is finally passed, and shall remain on file with the secretary of the board for public inspection at least two weeks before final adoption thereof, and notice of the time at which the board proposes to take final action thereon shall be published once in a newspaper published within the district; or, if there be none, in some newspaper published in the parish wherein the district is located, at least one week before the final adoption thereof. Written notice of the introduction of such resolution shall be given to each owner of each assessable lot or parcel of real estate in the assessment area of the district, which notice shall contain a general description of the project or improvement, the amount of the assessment, and the terms of paying therefor. The notice shall be given by depositing said written notice in the United States mail, postage prepaid, and addressed to the owners of each assessable lot or parcel of real estate at the address as it appears on the last approved tax roll on the property to be assessed and said notice shall be mailed at least ten days prior to the date on which the board proposes to take final action thereon. The certificate of the secretary of the board certifying that the foregoing provisions as to notice have been fulfilled shall establish a conclusive legal presumption that the notice requirements of this section have been legally satisfied. On the date designated for final adoption, the board shall then adopt the ordinance levying a local or special assessment on each assessable lot or parcel of real estate in the amount chargeable to it, and the total of all such special assessments shall represent the total cost of said improvements as set forth in the treasurer's report, less that part of the total cost, if any, to be provided from any other source; provided, however, that such assessments shall be levied only on the real estate which the board determines will be improved or benefited by the construction of said improvements. The amounts assessed in said ordinance shall be due and collectible immediately on its passage, and if not paid within thirty days from the date of the adoption of said ordinance, it will be conclusively presumed that any property owner whose property is affected thereby exercises the right and option, which is hereby authorized, to pay the amount due in equal annual installments, bearing interest at a rate or rates not exceeding the maximum rate provided for conventional interest by the Louisiana Civil Code as the same now exists or may be hereafter amended, payable annually, and extending over a period of not exceeding twenty years, all within the discretion of the board, and as provided for in the ordinance levying such local or special assessments. The first installment shall become due on December 31st of the then current year, and annually thereafter. The failure to pay any installment or the interest thereon when due shall ipso facto cause all other installments and interest thereon to become due and payable and the district shall, within thirty days from date of such default, proceed against the property for the collection of the total amount due thereon, including interest, plus ten percent additional on principal and interest unpaid as attorney's fees. A certified copy of said ordinance levying the local or special assessments on the real estate, as aforesaid, shall be filed with the clerk of court in the parish in which the drainage district is situated, who shall forthwith record the same in the mortgage records of the parish, and when so filed and recorded shall operate as a lien and privilege against all real estate therein assessed, and which aforesaid lien and privilege shall prime all other claims except ad valorem taxes. The payments made in cash shall be expended for no other purpose than for the payment of the cost of said improvements.

In order to operate and maintain any drainage facilities financed, in whole or in part, by the levy of local or special assessments as herein provided, the board of commissioners may impose annually an acreage tax in an amount not exceeding five dollars on each acre of land in the district and assessment area except that the high lands shall pay an amount equal to twenty percent of such annual acreage tax as levied against each acre or square foot of the undrained lands in the assessment area. The tax shall be imposed in compliance with the provisions of Article XV of the Constitution of the State of Louisiana for the year 1921, as amended, and shall be collected in the manner set forth in R.S. 38:1633.

Added by Acts 1962, No. 144, §1. Amended by Acts 1970, No. 617, §3.
La. Rev. Stat. § 38:2220.2 — LA Code / Code revised-statutes / Title 38 / Section 2220.2
Violation of Public Bid Law; civil actions; requirements
Status: in_force

A. Any person, association, corporation, or other business entity with direct knowledge of an alleged violation by a public entity of the provisions of R.S. 38:2212 et seq., may institute a civil action in district court against the public entity to seek a declaration that such violation has occurred. The procedure for the civil action shall comply with the provisions of this Section and R.S. 38:2220.3.

B. The civil action shall be well-grounded in fact and comply with the provisions of Code of Civil Procedure Article 863. An action based solely upon hearsay shall be deemed not to have complied with the provisions of Article 863. The information upon which the action is based shall be obtained independently and shall not be based upon any of the following:

(1) A disclosure of allegations or transactions in a criminal, civil, or administrative hearing or as the result of disclosure of a governmental audit report, investigation, or hearing, unless the person bringing the action has independent knowledge of the alleged violation.

(2) A disclosure through the news media, unless the person bringing the action has independent knowledge of the alleged violation.

C. Any action brought pursuant to the provisions of this Section shall be afforded preferential hearing by the court pursuant to summary proceeding provisions in Code of Civil Procedure Articles 2591 et seq.

Acts 1999, No. 1050, §1.
La. Rev. Stat. § 38:1654 — LA Code / Code revised-statutes / Title 38 / Section 1654
Payment of principal and interest of bonds
Status: in_force

A sufficient amount of the drainage tax shall be appropriated by the board of commissioners for the purpose of paying the principal and interest of the bonds, and the taxes, when collected, shall be preserved in a separate fund for that purpose and no other. All bonds and coupons not paid at maturity shall bear interest at the rate of six per centum per annum from maturity until paid, or until sufficient funds have been deposited at the place of payment, named in the bonds and coupons, and the interest for deferred payment shall be appropriated by the board of commissioners out of the penalties and interest collected on delinquent taxes or any other available funds of the district. Any expense incurred in paying the bonds and interest thereon and a reasonable compensation to the bank or trust company for paying the same, shall be paid out of other funds in the hands of the district and collected for the purpose of meeting the expense of administration. The board of commissioners in making the annual tax levy, as heretofore provided, shall take into account the maturing bonds and interest on all bonds and to make an ample provision in advance for the payment thereof.
La. Rev. Stat. § 38:2222 — LA Code / Code revised-statutes / Title 38 / Section 2222
Change orders; recordation
Status: in_force

A. Each change order to a public works contract or to a contract for materials and supplies which adds an amount of ten percent or more of the original contract amount and which additional amount is at least ten thousand dollars or all change orders to a contract aggregating to an amount of twenty percent or more of the original contract amount and which additional amount is at least ten thousand dollars shall be recorded by the public entity which entered into the contract in the office of the recorder of mortgages in the parish where the work is to be done or, if not a public work, where the entity is domiciled not later than thirty days after the date of the change order which requires that the recordation take place. In addition, the original contract shall be recorded together with the change orders if not previously recorded. The provisions of this Section shall not apply to the office of facility planning and control, and the office of state procurement.

B. Change orders shall be processed and issued by the public entity no later than forty days following final execution of the change order.

Acts 2011, No. 343, §2; Acts 2014, No. 864, §§4 and 5; Acts 2021, No. 205, §1.
La. Rev. Stat. § 38:2604 — LA Code / Code revised-statutes / Title 38 / Section 2604
Governing board; membership; tenure; vacancies; domicile
Status: in_force

A. The district shall be governed and controlled by a board of five commissioners, each of whom shall be a qualified elector of Bossier Parish residing within and owning property within the district. The successors to the present members of the board of commissioners shall be appointed as follows: one by the police jury of Bossier Parish; one by the mayor and governing authority of the city of Bossier City; one by the mayor and governing authority of the village of Benton; one by the Bossier Parish School Board; and the fifth, by the Board of Commissioners of the Bossier Levee District.

B.(1) Any vacancy in the office of the board of commissioners due to death, resignation, or any other cause shall be filled by the remaining commissioners for the unexpired term within forty-five days, if the appointment is not made by the appointing authority pursuant to the provisions of Paragraph (2) of this Subsection.

(2) If a vacancy arises pursuant to the provisions of Paragraph (1) of this Subsection, the appointing authority shall appoint a member of the board of commissioners within thirty days and send notice to the board of commissioners no later than forty-five days after the vacancy by email or regular mail, or both. If the appointing authority fails to timely fill the vacancy, the board of commissioners shall fill the vacancy as provided for in Paragraph (1) of this Subsection.

(3) No later than August 15, 2021, the board of commissioners shall notify each appointing authority listed in Subsection A of this Section as to the expiration date of that appointing authority's appointment to the board of commissioners.

C. Each member of the board of commissioners shall serve a term of five years from the date of his appointment to the board. Notwithstanding R.S. 42:2 or any other provision of law to the contrary, at the end of the term of a member of the board of commissioners, the office shall be considered vacant and the member shall not discharge any duty of office. The vacancy shall be filled as provided for in this Section.

D. The board shall be domiciled at Benton, Louisiana.

Added by Acts 1958, No. 292, §4. Amended by Acts 1966, No. 448, §2; Acts 2021, No. 476, §1, eff. June 29, 2021.
La. Rev. Stat. § 38:1663 — LA Code / Code revised-statutes / Title 38 / Section 1663
Advance payment of tax in full
Status: in_force

Any land owner owning lands or other property assessed for taxes under the provisions of this Part, shall have the privilege of paying the total tax assessment provided under R.S. 38:1631 to the secretary-treasurer of the board of commissioners at any time on or before a date to be fixed by the board of commissioners, and the amount to be paid shall be the full amount of the tax levied, less any amount added thereto to meet interest. The board of commissioners shall fix the time after which the privilege of paying the total tax assessment shall not exist, which shall not be subsequent to the date of any bonds that may be issued and shall give notice of the date by publication once a week for two consecutive weeks in the manner provided in R.S. 38:1616. When the tax assessment has been paid, the secretary-treasurer of the board shall enter upon the drainage tax record opposite each tract for which payment is made the words "paid in full", and the tax assessment shall be deemed satisfied. The secretary-treasurer of the board of commissioners shall also make or cause to be made the same entry opposite each tract for which payment is made in the table included in the certificate filed in the office of the clerk of court and recorder of mortgages, under the provisions of R.S. 38:1632.
La. Rev. Stat. § 38:1785 — LA Code / Code revised-statutes / Title 38 / Section 1785
Form and terms of bonds; payment
Status: in_force

No bonds issued by any district hereunder shall run for a longer period than forty years from the date thereof or bear a greater rate of interest than six per centum per annum, payable annually or semi-annually, or be sold for less than par. The governing authority issuing the bonds shall by resolution fix the form and detail of the bonds, the rate of interest, payable annually or semi-annually, within the maximum rate prescribed. The bonds shall be payable in the medium and at the place or places within or without the state fixed by resolution. All bonds hereunder shall be issued in the name of the gravity drainage district or the gravity sub-drainage district issuing the bonds, and signed on behalf of the district by the president or chief executive officer, and the secretary or clerk of district or districts under the seal of the districts. The coupons, if any, shall be signed with the printed or engraved facsimile signature of the officers. The delivery of any bonds or coupons so issued at any time thereafter shall be valid, although before the date of delivery the person signing the bonds or coupons shall cease to hold office. The governing authority issuing the bonds shall by resolution fix the time within the maximum period prescribed hereby and in the proposition submitted to the voters when the bonds shall become payable. The bonds shall be payable in annual installments beginning not more than three years after the date thereof, and the amount payable in each year shall be so fixed that when the annual interest is added to the principal amount to be paid, the total amount payable in each year shall not exceed the amount of the forced contribution or acreage tax, which may be thus funded, into bonds as provided in the above and foregoing section of this Part, after deducting from the amount of the forced contribution or acreage tax which may be thus funded, fifteen per cent of the amount thereof for cost of collection, delinquencies and contingencies.
La. Rev. Stat. § 38:224 — LA Code / Code revised-statutes / Title 38 / Section 224
Removal of siphons improperly constructed
Status: in_force

The authorities charged with the care and preservation of the public levees shall compel the removal of all existing siphons constructed or laid otherwise than in accordance with the provisions of this Section and the restoration of the levees, wherever cut or altered for the insertion or passage of siphons to the shape and condition prior to insertion or passage.

No person shall refuse to remove any illegally laid or shaped siphon or to allow its removal by the direction of any competent authority.

Whoever violates this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
La. Rev. Stat. § 38:17 — LA Code / Code revised-statutes / Title 38 / Section 17
Divisions to exercise functions of department; contracts; grants of money; reports
Status: in_force

A. The assistant secretary shall exercise the functions of the office of engineering, subject to the direction and control of the secretary.

B. The assistant secretary may enter into written contracts with the federal government or any federal agency, or any political subdivision of the state or private individual for the construction, operation, or maintenance of any public works which under this Chapter the department may administer and may receive and disburse grants of money from the agencies or persons for these purposes. All grants of money shall be credited by the treasurer in a special account subject to withdrawal only by the assistant secretary of the office of engineering. Any portion of any grant unexpended at the end of any fiscal year shall remain to the credit of the department for expenditure during the succeeding fiscal years.

C. A complete and itemized report of the public improvements fund of the office of engineering of the previous fiscal year's expenditures shall be made by October first of each year. The report submitted shall include the source of all funds expended on public works projects from the public improvements fund, a project description, the location of the project, the amount of funds granted for each project, and the date and payee of each disbursement of funds expended on each project. The office shall request each recipient of funds from the public improvements fund to provide, in detail, a description of the project for which the funds were used, a listing of the date and amount of all disbursements of funds, to whom each payment was made and for what purpose. If the recipient submits the requested information, the office shall include same in the report. If the information is not submitted, the office shall make note of such fact in the report. The report shall be submitted to the legislative auditor and to the House and Senate committees on transportation, highways, and public works.

Acts 1987, No. 926, §1, eff. January 1, 1988; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:329.6 — LA Code / Code revised-statutes / Title 38 / Section 329.6
St. Tammany Levee, Drainage, and Conservation District; powers and duties
Status: in_force

A.(1) The St. Tammany Levee, Drainage, and Conservation 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 may issue bonds and levy taxes for the payment of principal and interest thereon as provided in this Subsection.

(2) The district may levy taxes, incur debt, and otherwise raise revenue as provided in Article VI, Sections 39 and 40 of the Constitution of Louisiana and in any manner provided by law for levee districts.

(3)(a) The district may levy a sales and use tax at a rate not to exceed one percent 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 in the Uniform Local Sales Tax Code, R.S. 47:337.1 et seq., if approved by a majority of electors voting thereon in an election held for that purpose provided that any election shall be held only within the district.

(b) The tax authorized by this Paragraph shall not be subject to the combined rate limitation established in Article VI, Section 29(A) of the Constitution of Louisiana or any other provision of law, nor shall any governing authority be subject to the rate limitation provided for in R.S. 47:338.54 because of any tax levied pursuant to the provisions of this Section. The authority granted in this Paragraph shall not limit any taxing authority granted to any other political subdivision by any other provision of law.

(c) Nothing shall prohibit the district from expending tax funds directly for tidal flood control projects within the district.

(4) The district may issue general obligation bonds as defined in Article VI, Section 33 of the Constitution of Louisiana in the manner set forth in R.S. 39:551 et seq., and may issue sales tax revenue bonds as provided for in R.S. 39:698.1 et seq.

B. The district shall have all the rights and powers conferred by Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, as amended, together with such additional rights and powers as may be granted by the legislature.

C. The management and control of the district shall be vested in the board of commissioners of the St. Tammany Levee, Drainage, and Conservation District. In addition to any other powers and duties provided by law, the primary duty of the board shall be to establish, construct, operate, or maintain flood control works related to hurricane protection, tidewater flooding, saltwater intrusion, and conservation. Additionally, the board may establish flood control, adequate drainage relating to tidal or riverine flooding, and water resources development including the construction of reservoirs, diversion canals, gravity and pump drainage systems, erosion control measures, and marsh management. The board may construct and maintain drainage works of all types related to tidewater flooding, hurricane protection, conservation, and saltwater intrusion, either in cooperation with one or more parishes, municipalities, levee districts, drainage districts, or other special districts within its jurisdiction, or upon its own undertaking, provided that no action or work undertaken by the district shall violate the master plan of the Coastal Protection and Restoration Authority or any statewide drainage and flood control plan administered by the Department of Transportation and Development.

D.(1) The board may enter into contracts and agreements of any nature for the purposes of this Chapter with any person, corporation, association, or other entity, including a public corporation, a port authority, the state and its agencies, a levee district, a parish, another political subdivision, the United States and its agencies, or any combination thereof, or with an instrumentality of any kind to carry out the purposes of and the powers granted in this Chapter.

(2) In seeking any request for proposals for professional engineering services, the board shall make every effort to utilize engineering companies located in St. Tammany Parish.

(3) Any contract or agreement entered into by the board shall comply with state law and public policy of the state.

E. The board may enter into contracts or other agreements with any person or entity concerning the providing of lands, servitudes, rights-of-way, and relocations, and may engage jointly in the exercise of any power to include the construction, operation, and maintenance of any facilities and improvements for the purpose of the projects under this Chapter.

F. The board may construct and maintain drainage works of all types related to tidewater flooding, hurricane protection, conservation, and saltwater intrusion, either in cooperation with one or more parishes, municipalities, drainage districts, or other special districts within its jurisdiction, or upon its own undertaking.

G. The board may buy and sell property, make and execute contracts, and perform any and all things necessary to carry out the objects of this Chapter, subject to the limitations and duties provided in this Section.

H. No action or work undertaken by the board or contract or agreement entered into by the board shall violate the master plan of the Coastal Protection and Restoration Authority Board or any statewide drainage and flood control plan administered by the Department of Transportation and Development.

Acts 2014, No. 303, §1, eff. May 28, 2014; Acts 2016, No. 430, §4.
La. Rev. Stat. § 38:2334 — LA Code / Code revised-statutes / Title 38 / Section 2334
Acquisition of lands, servitudes and rights-of-way
Status: in_force

There is expressly conferred upon said authority, the right to acquire lands, servitudes and rights-of-way, for any of the purposes of this Chapter, by purchase, exchange, expropriation or otherwise.

Should the authority acquire the ownership of any timber it may sell the same in the following manner:

The authority shall offer the timber for sale at public auction after having first given public notice of such sale in the manner provided by law.

If no satisfactory bid is received, the authority may sell the timber at private sale to any purchaser for any amount greater than the amount offered by the highest bidder at the public auction.

The authority, its authorized agents and employees shall have the privilege of entering upon any lands, waters and premises in the state for the purpose of making surveys, soundings, drillings, examinations and appraisals, as it may deem necessary or convenient for the purposes of this Chapter and such entry shall not be deemed a trespass nor shall such entry for such purpose be deemed an entry under any expropriation proceedings which may be pending, provided that five days registered notice in the case of resident owners and fifteen days registered notice in the case of non-resident owners be given to the owner of record as reflected by the parish assessment rolls, which notice shall be mailed to the last known address of said owner, as shown on said assessment records.

The authority shall make reimbursement for any actual damages resulting to such lands, water or premises, as a result of such activities.

Added by Acts 1950, No. 261, §14. Amended by Acts 1962, No. 90, §1.
La. Rev. Stat. § 38:3073 — LA Code / Code revised-statutes / Title 38 / Section 3073
Definitions
Status: in_force

Unless the context otherwise requires, the following terms shall have the following meanings for purposes of this Part:

(1) "Beneficial purpose" or "beneficial use" means the use of groundwater for domestic, municipal, industrial, agricultural, recreational, or therapeutic purposes or any other advantageous use.

(2) Repealed by Acts 2025, No. 458, §11, eff. Oct. 1, 2025.

(3) "Commissioner" means a commissioner of the district who has been appointed in accordance with this Part.

(4) "Department of Public Works" means the Department of Public Works of the city of Baton Rouge and parish of East Baton Rouge.

(5) "District" means the groundwater conservation district formed in accordance with this part.

(6) "Governing body" means the police jury, commission, council, or other governing body of the parish.

(7) "Groundwater" is water suitable for any beneficial purpose percolating below the earth's surface.

(8) "Just and equitable share" of the groundwater underlying a tract within an area subject to an order limiting pumping rates means that portion of the recoverable groundwater within an aquifer which is to be apportioned to such tract on the basis of demonstrable geologic and hydrologic data taking into consideration the volume of groundwater in storage, the maximum perennial recharge potential, and any groundwater use priorities established by the district.

(9) "Mississippi River alluvial aquifer" occurs beneath the flood plain of the Mississippi River and includes the sand and gravel units of the Mississippi River alluvial valley deposits.

(10) "Person" means any individual, partnership, corporation, association, governmental board, commission, district, political subdivision, or public or private organization of any character, including any agency, corporation, and quasi-public corporation of the federal, state, municipal, or local government.

(11) "Premises" as used herein, means a tract or tracts of land, whether or not contiguous, operated by a single person and used principally for bona fide agricultural or horticultural purposes or the production of aquatic life for human consumption.

(12) "User" means any person who produces groundwater in the district for any beneficial use, in excess of fifty thousand gallons for any day during any calendar year from a well or wells owned or operated by such person or from a well or wells owned or operated solely for the production of water used by such person.

(13) "Well" or "water well" shall mean any well drilled or constructed for the principal purpose of producing groundwater.

Added by Acts 1974, No. 678, §1. Amended by Acts 1976, No. 231, §1; Acts 1980, No. 738, §1; Acts 2014, No. 795, §1; Acts 2024, No. 494, §1; Acts 2025, No. 458, §§5, 11, eff. Oct. 1, 2025.
La. Rev. Stat. § 38:2320.11 — LA Code / Code revised-statutes / Title 38 / Section 2320.11
Outcome-based performance contracts
Status: in_force

A. Notwithstanding any other provision of law to the contrary, political subdivisions may use the outcome-based performance contract alternative project delivery method to contract for integrated coastal protection projects as set forth in this Section and consistent with the purpose and intent set forth in R.S. 49:214.1 or consistent with Louisiana’s Comprehensive Master Plan for a Sustainable Coast.

B. This Section creates an alternative project delivery method, known as outcome-based performance contracts, for use by political subdivisions to award a contract to finance, design, construct, and monitor integrated coastal protection when considered in the public interest, beneficial to the state and political subdivisions, consistent with the purpose and intent set forth in R.S. 49:214.1, and in accordance with the procedures set forth in this Section. The following are reasons to use outcome-based performance contracting: financing to construct integrated coastal protection projects; cost of integrated coastal protection projects expected to significantly increase over time; need to access or leverage future funds to construct integrated coastal protection projects more quickly; obtain better overall value, performance, and costs; and control and minimize risk to the political subdivision.

C. Outcome-based performance contracts shall not be used for any integrated coastal protection project that is estimated to cost more than twenty-five million dollars or exceeds a contract term of seven years.

D. When used in this Section, the following words and phrases shall have the meanings ascribed to them unless the context indicates a different meaning:

(1) "Annual plan" means the state integrated coastal protection plan submitted annually to the legislature.

(2) "Coastal area" means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge and the area comprising the Coastal Louisiana Ecosystem as defined in Section 7001 of Public Law 110-114.

(3) "Integrated coastal protection" means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration, and shall include but not be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; flood control; water resources development; erosion control measures; marsh management; diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, enhancement, and restoration; barrier island and shoreline stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial use projects.

(4) "Licensed design professional" means an engineer, architect, or landscape architect who has secured a professional license from a Louisiana registration board as required by state law.

(5) "Master plan" or "comprehensive master coastal protection plan" means the long-term comprehensive integrated coastal protection plan combining coastal restoration, coastal zone management, storm damage reduction, hurricane protection, flood control, and the protection, conservation, restoration, and enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier shorelines or reefs, including amendments, as determined by the Coastal Protection and Restoration Authority Board to the plan. It shall include but not be limited to state and political subdivision operations plans.

(6) "Outcome-based performance contract" means a delivery method by which the owner contracts with an entity for results-based, specific agreed-upon outcomes, goals, or outputs, with payment provided by an owner upon successful completion of the pre-agreed result, outcome, goal, output, or result. Outcome-based performance contracts shall include the following:

(a) A requirement that a substantial portion of the payment be conditioned on the achievement of specific outcomes based on defined performance targets. For purposes of this Subparagraph, "substantial portion" shall mean no less than seventy-five percent of the total project cost.

(b) A process through which performance indicators can be assessed by the owner to determine whether performance targets have been met.

(c) A schedule and calculation of consequences for contractors based on performance, to include payments that would be earned if performance targets are met or the imposition of penalties or other payment adjustments if performance targets are not met.

(7) "Outcome-based performance contractor" means a person, sole proprietorship, partnership, corporation, joint venture, or other legal entity, properly licensed, bonded, and insured, who is contractually responsible to the owner for financing, designing, permitting, constructing, and monitoring, or any combination thereof, the integrated coastal protection project to be delivered.

(8) "Owner" means the political subdivision awarding the contract in cooperation with the Coastal Protection and Restoration Authority.

(9) "Resident business" means one authorized to do and doing business pursuant to the laws of this state, that meets one of the following criteria:

(a) Maintains its principal place of business in the state.

(b) Employs a minimum of two employees who are residents of the state.

E. The political subdivision shall not consider any unsolicited proposals for an outcome-based performance contract. However, nothing in this Subsection shall prohibit a private company from bringing to a political subdivision suggestions for new projects or alterations to solicited proposals. Any award of a contract shall be made only after issuance of a request for proposal and competitive bid process as required by the provisions of this Section.

F. The political subdivision may develop and adopt any guidelines, rules, or regulations necessary to effectuate the provisions of this Section.

G. Any financing of integrated coastal protection projects pursuant to this Section may be in such amounts and upon such terms and conditions as may be agreed upon by the owner and the outcome-based performance contractor. Additionally, the political subdivision may utilize any and all funding resources available to it.

H. If necessary and upon request from the outcome-based performance contractor, the political subdivision may exercise any statutorily created power for the purpose of acquiring lands or estates or interests in such, including but not limited to easements and access agreements, to the extent that the political subdivision finds that such action serves the public purpose of this Section.

I. An outcome-based performance contractor shall employ, or have as a partner, member, coventurer, or subcontractor, persons or a firm with persons who are duly licensed and registered to provide the services required to complete the project and to do business in the state. The standard professional engineer and land surveyor requirements provided for in R.S. 37:681 et seq., and the rules and regulations of the Louisiana Professional Engineering and Land Surveying Board, shall apply to the components providing design services, and the standard contractor qualifications as provided for in R.S. 37:2150 et seq., and the current rules and regulations of the State Licensing Board for Contractors shall apply to the component providing construction services utilized by the outcome-based performance contractor, based upon the applicable categories for the specific project to be delivered and as specified by the political subdivision. All registrations and licenses for each component shall be obtained prior to the award of the project to the selected outcome-based performance contractor.

J.(1) The political subdivision shall solicit a request for statement of interest and qualifications or "RSIQ".

(2) The RSIQ shall include the following:

(a) Submittal criteria, deadlines, and requirements for proposal package.

(b) Scoring methodology and selection grading criteria.

(c) Statements of qualification and experience for key proposed management and staffing.

(d) Statements of qualification and experience of the financing members of the team.

(e) Statements of qualification and experience of design component members for the areas of expertise specific to the project.

(f) Statements of qualification, experience, and resources of the construction team component.

(g) A statement of the proposer's ability and intention to provide equal opportunities in recruitment, selection, appointment, promotion, training, and related employment areas in connection with the outcome-based performance contract.

(3) The political subdivision may request that proposers include the following in response to the RSIQ, as well as any other pertinent information relative to the qualifications of a proposer that the political subdivision determines needs to be submitted in a response to an RSIQ:

(a) The proposer's surety and any other financial assurances.

(b) Construction methodologies previously used by the proposer on other projects of similar size, type, and complexity.

(c) Extent to which the proposer intends to utilize resident businesses to perform the contract.

(d) Extent to which the proposer intends to self-perform any work.

(e) Past performance of the proposer, including timely and successful completion of other projects of similar size and complexity.

(f) The proposer's safety record and safety plan.

(g) Any other project-specific criteria as may apply to project needs.

(4) Any response that does not meet all of the requirements contained in the RSIQ shall be deemed nonresponsive and shall not be considered by the political subdivision. False or misrepresented information furnished in response to an RSIQ shall be grounds for rejection. Additionally, the political subdivision reserves the right to cancel any solicitation at its discretion.

(5)(a) The political subdivision may establish a qualification review committee for evaluation of the responses to the RSIQ. The qualification review committee shall evaluate the responses in accordance with the scoring methodology and criteria as identified and set forth in the RSIQ, and evaluate all aspects of the proposed project, including finance, design, construction, and monitoring components of any proposer.

(b) Within sixty days of the deadline for receipt of responses, the qualification review committee shall select a short list of the highest-rated proposers in a number to be determined by the qualification review committee. However, if fewer than three eligible responses are received for review by the qualifications review committee, then the political subdivision may either approve proceeding with the outcome-based performance contracting process or readvertising in accordance with this Section.

(c) The qualification review committee shall present a list of the highest-rated proposers to the political subdivision. The highest-rated proposers shall be invited by the political subdivision to submit a detailed technical and cost proposal for the proposed outcome-based performance project by means of an issued request for proposal or "RFP".

K.(1) The political subdivision shall issue an RFP to the proposers making the list of the highest-rated proposers in accordance with Subsection J of this Section.

(2) The RFP shall include, at a minimum, the following:

(a) Submittal criteria, deadlines, and requirements for proposal package.

(b) Scoring methodology and selection grading criteria.

(c) The proposer's surety and financial assurances.

(d) Design strategy and preliminary design concepts.

(e) Construction sequencing, techniques, materials, methodology, schedule and phasing.

(f) Proposed pricing and payment schedule for delivery of project.

(3) The RFP may also include any other requirements that the political subdivision deems necessary.

(4) The political subdivision may, at its discretion, compensate those unsuccessful and responsive highest-rated proposers for the expense of preparing the response to the RFP. The amount of compensation, if any, shall be predetermined by the political subdivision in its sole discretion and shall be included in the RFP.

(5)(a) The political subdivision may establish a proposal review committee to review, score, and recommend award to an outcome-based performance contractor. The proposal review committee may consist of representatives of the owner, one of whom shall also serve as the chairman of the committee; a design professional with appropriate expertise; and a licensed contractor with appropriate expertise.

(b) Within ninety days after the deadline for responses to the RFP, the proposal review committee shall make a written recommendation for award to the political subdivision. The results of the proposal review committee, inclusive of its findings, grading, score sheets, and recommendations, shall be available for review by all proposers and shall be deemed public records.

L. Within sixty days of the award of the outcome-based performance contract, the political subdivision and the selected outcome-based performance contractor shall execute a contract. If the political subdivision and the outcome-based performance contractor are not able to agree upon a contract, then the political subdivision reserves the right to readvertise the project in accordance with this Section or any other contracting method available to the political subdivision.

M. The political subdivision shall cancel any solicitation and decline to award any contract if a determination is made that it is in the best interest of the state and the political subdivision.

N. There shall be no challenge by any legal process to the choice of the successful outcome-based performance contractor except for fraud, bias for pecuniary or personal reasons not related to the taxpayers' interest, or arbitrary and capricious selection by the political subdivision.

O. The provisions of this Section shall supersede and control to the extent of any conflict with any other provisions of any law including but not limited to the requirements of R.S. 38:2181 through 2320 and R.S. 39:1751 through 1755.

Acts 2018, No. 393, §1, eff. May 20, 2018.
La. Rev. Stat. § 38:2323 — LA Code / Code revised-statutes / Title 38 / Section 2323
Secretary and treasurer; meetings; appointment of personnel; executive vice president
Status: in_force

A. The members of the board of commissioners shall appoint a secretary and a treasurer or a secretary-treasurer, who may but need not be members of the board, and shall fix the compensation of the secretary and treasurer. It shall be the duty of the secretary to preserve a record of all business transacted by the board and to perform such other duties as the board may designate.

B. The board of commissioners shall fix the place and times for its regular meetings, shall provide the manner in which special meetings may be called and shall adopt such by-laws, rules and regulations for the orderly transaction of its business and affairs as it may deem fit. It may appoint and retain all officers and employees it may consider desirable, including engineers and attorneys specifically including, but not limited to a special counsel who shall be charged with negotiating or renegotiating contracts dealing with fees paid to the authority for goods or services and any other duties the board may assign. The board shall appoint a general manager, experienced in the field of water conservation management as well as personnel, budgetary, and other administrative fields; and may provide that all or certain classes of employees shall be employed and discharged by the general manager.

Added by Acts 1950, No. 261, §3; Amended by Acts 1956, No. 432, §9; Acts 1964, No. 459, §1; Acts 1985, No. 898, §2.
La. Rev. Stat. § 38:420 — LA Code / Code revised-statutes / Title 38 / Section 420
Collection by sheriffs and deputies; returns of deputies
Status: in_force

The sheriff is prohibited from entrusting the collection of the produce tax to any person who is not sworn as a deputy sheriff. Any sheriff violating this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars. Deputy sheriffs charged with the collection of the produce special assessment or forced contribution shall make written returns at the end of each month showing the names of persons from whom and the description of articles on which the special assessment or forced contribution has been collected, the amount of tax collected from each person, the dates of collection, by what carrier the produce has been shipped, and the date of shipment. The returns shall be sworn to and shall be kept by the sheriff.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.227 — LA Code / Code revised-statutes / Title 38 / Section 3087.227
Powers of the board
Status: in_force

A. In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, acquire by donation, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it to properly carry out the purposes for which it is created.

(2) Acquire servitudes and rights-of-use by purchase, by donation, and by assignment for the district or otherwise.

(3) Assist in conserving soil and water and in developing the water resources of the district, provided nothing shall be done to interfere with districts or municipalities previously organized under Louisiana law.

(4) Cooperate with the state Department of Transportation and Development and other state agencies in the maintenance or improvement and the construction of any works or improvements for the control, retention, diversion, or utilization of water or to retard runoff of water and soil erosion; in the construction of any ditch, channel improvement, dike, dam, or levee; and in the repair, improvement, and maintenance of any of said improvements or structures.

(5) Manage and control the water level and growth of aquatic plants in the lakes.

(6) Employ and hire secretarial, clerical, and other such personnel as may be necessary in the operation of the business of the district and fix their compensation; employ engineers, attorneys, and other professional personnel as necessary and fix their compensation.

(7) Levy taxes, issue bonds, and incur indebtedness within the limitations prescribed by the constitution and laws of Louisiana and in the manner prescribed thereby.

(8) Cooperate and contract with persons, firms, associations, partnerships, private corporations, cities of this state, or other public corporations, and with any other local, state, or federal agencies for the sale or use of any waters impounded by the district.

(9) Grant franchises to telephone, telegraph, cable, and electric power companies and grant franchises for the purposes of laying gas, sewer, electricity, or other utilities to supply the inhabitants or any person or corporation with gas, water, sewerage, and electricity, when such construction is within the district. Nothing contained in this Part shall affect the vested rights of any corporation which, pursuant to R.S. 45:781(A), has constructed, prior to August 15, 2003, and maintains and operates telegraph, telephone, and other lines for the transmission of intelligence.

(10) Appoint, hire, designate, and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by said commission.

(11) Do and perform any and all things necessary or incidental to the fulfillment of the purposes for which the district is created.

B. The Lake St. Joseph Recreation and Water Conservation District may have, with respect to the improvements and facilities maintenance of the district, the advice of the Department of Transportation and Development, and it may request from time to time the assistance of the department to make such surveys, inspections, and investigations, render such reports, estimates, and recommendations, and furnish such plans and specifications as the board of commissioners of the district may request.

C. The district may incur debt for any one or more of its lawful purposes, issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and provide for the security and payment thereof as follows:

(1) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction, and maintenance costs and expenses of the district, which certificates shall be payable in principal and interest from any available income, revenues, fees, or taxes pledged to their payment by the district.

(2) To issue bonds substantially in the manner set forth in Article VI of the Constitution of Louisiana, and other authority supplemental thereto, particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the district sufficient to pay such bonds in principal and interest when approved by vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued, and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine. However, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten percent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment roll of record in Tensas Parish.

(3) The district shall have additional authority to levy taxes under the provisions of Article VI, Section 32 of the Constitution of Louisiana, for the purpose of improving, operating, and maintaining its facilities, provided any such tax shall first be approved at an election held for said purpose in accordance with the Louisiana Election Code.

(4) The copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessor of Tensas Parish on or before the first of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessor to assess the tax and extend the same upon the tax rolls of the parish. The tax shall be collected by the sheriff and ex officio tax collector of Tensas Parish in the same manner as taxes levied by the parish. Taxes assessed shall constitute the same liens upon the property assessed, shall bear the same penalties, and collection thereof shall be enforced in the same manner and at the same time as parish taxes.

Acts 2003, No. 328, §1.
La. Rev. Stat. § 38:364 — LA Code / Code revised-statutes / Title 38 / Section 364
Deposit of security for jury costs
Status: in_force

The court shall require any defendant, other than a political subdivision of the state of Louisiana, who demands a jury trial to post a bond or other security as may be required in ordinary civil jury cases. The levee district or levee and drainage district shall not be required to post any such bond or security.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2352 — LA Code / Code revised-statutes / Title 38 / Section 2352
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the meanings ascribed to them:

(1) "Integrated" means the coordinated planning, funding, construction, and operation of flood control, navigation, recreation, water management, and economic development projects to ensure efficient use of resources, minimize conflicts, and promote sustainable development.

(2) "Upland area" means all land in the state of Louisiana that is not included within the coastal area as defined in R.S. 49:214.2.

(3) "Upland parishes" means all parishes of the state, in whole or in part, that are not included within the coastal area as defined in R.S. 49:214.2. These areas are primarily affected by riverine flooding, watershed management, inland navigation, and flood control infrastructure rather than coastal erosion or sea level rise.

Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:2824 — LA Code / Code revised-statutes / Title 38 / Section 2824
Dam construction; board of commissioners created
Status: in_force

The Department of Public Works is hereby granted the power and authority and is hereby directed to maintain present dams and to build and construct such other dams and works as may be necessary or beneficial to carry out the purposes of this Part and to create and impound an industrial water supply, in accordance with a survey and estimates to be made and established by the engineers of the said department. The Board of Commissioners of the Black Bayou Watershed District, with its powers and duties as defined herein, is hereby created and established for the purpose of aiding and assisting the said Department of Public Works during the actual construction stage and process of this project, and is established as the governing authority of said district after the completion of the construction process by the said Department of Public Works of the State of Louisiana.

Added by Acts 1966, No. 262, §4.
La. Rev. Stat. § 38:1759 — LA Code / Code revised-statutes / Title 38 / Section 1759
Appointment and terms of commissioners
Status: in_force

A. The police jury organizing the drainage district shall appoint five commissioners in each district, two of the commissioners for the term of two years and three for the term of four years, and all selections or appointments thereafter shall be for the term of four years. The appointment of commissioners by the police jury shall be made upon the petition or recommendation of a majority in number of acres or a majority of the resident land owners in the district where the district contains forty or fewer land owners. Where more than forty land owners are embraced in the district, the appointment shall be made upon the recommendation or petition of twenty-five of the land owners of the district. Where there is a contest over the appointment of commissioners, the police jury shall give the appointment to those commissioners who are recommended by the land owners owning the greatest number of acres of land in the districts. In the absence of any petition or recommendation, the police jury may appoint commissioners in their discretion.

B.(1) Notwithstanding the provisions of Subsection A of this Section, the board of commissioners of Gravity Drainage District No. 2 and Gravity Drainage District No. 5 of Livingston Parish shall consist of seven members, subject to all other requirements of qualifications for office provided in Subsection A of this Section.

(2) Notwithstanding the provisions of Subsection A of this Section, the board of commissioners of the East Ascension Consolidated Gravity Drainage District No. 1 consists of the Ascension Parish council members whose council districts include portions of the drainage district.

(3) Notwithstanding the provisions of Subsection A of this Section, the board of commissioners of the West Ascension Consolidated Gravity Drainage District No. 1 consists of three members as follows:

(a) The member of the Ascension Parish council whose council district includes all or the larger part of the drainage district.

(b) The mayor of Donaldsonville or his designee.

(c) A member appointed by the Ascension Parish council for a four-year term.

Amended by Acts 1966, No. 447, §1; Acts 2017, No. 169, §1, eff. June 12, 2017; Acts 2019, No. 84, §1, eff. June 4, 2019; Acts 2024, No. 417, §1.
La. Rev. Stat. § 38:3098.5 — LA Code / Code revised-statutes / Title 38 / Section 3098.5
Driller to keep records and file reports
Status: in_force

The driller shall keep accurate records on each water well drilled, including but not limited to its location, depth, character of rocks or formations drilled, fluids encountered, and such other reasonable information as the office may specify. Each driller shall, within thirty days after completion of each well, file a report containing such information in the office on forms provided by the office. A copy of this information shall be provided to the Louisiana Geological Survey by the office. However, no report or information shall be required to be filed with the office if the well is a driven well or if it is dug by the use of a hand auger.

Added by Acts 1980, No. 715, §1; Acts 1997, No. 239, §3; Acts 2009, No. 437, §1, eff. Jan. 1, 2010.
La. Rev. Stat. § 38:1636 — LA Code / Code revised-statutes / Title 38 / Section 1636
Non-liability of state and its subdivisions for taxes
Status: in_force

Neither the state nor its subdivisions shall ever be liable for any taxes or forced contributions levied, assessed or imposed under the provisions of this Part. No sale for taxes of any land or property subject to tax lien for drainage district taxes imposed under the provisions of this Part shall have the effect of destroying the lien; but the property shall always remain subject to the tax lien for the drainage taxes.
La. Rev. Stat. § 38:336 — LA Code / Code revised-statutes / Title 38 / Section 336
State land grants; Orleans Levee District
Status: in_force

A. To enable the board of commissioners of the Orleans Levee District to perform the work herein provided for, to assist in defraying the cost and expenses thereof, and to carry out the purposes of this and other laws, the state of Louisiana hereby grants and releases to the district the title of the state in and to all public property necessary for the purposes hereof and all lands reclaimed or filled in within any levee embankments, slopes, retaining walls, seawalls, and breakwaters constructed hereunder and in and to all lands lying within the territorial limits of a project and hereby releases the land from any public trust or dedication. Notwithstanding the provisions of R.S. 38:302, 320, and 321, the board shall have the jurisdiction, power, and authority to sell, lease, or otherwise dispose of such portion of the lands reclaimed and other property acquired for the purpose of the improvement, except the lands herein required to be dedicated by it for public use, together with any building, improvements, or other works constructed thereon, under such terms and conditions and by such methods as the board may deem proper. The board also may establish and improve such servitudes, restrictions, rules, and regulations as to such lands sold or leased or otherwise disposed of as the board may determine. The lands may be subdivided in lots and may be offered for sale or lease or sold or leased as soon as practicable without awaiting the completion of the project.

B.(1) There shall be reserved and dedicated forever by the board for public parks, parkways, boulevards, playgrounds, places of amusement, and beach purposes, exclusive of roads and streets, an area or areas comprising not less than thirty percent of the total land area of the project.

(2)(a) Along the entire Lake Pontchartrain frontage of the project there shall be reserved and dedicated forever by the Board of Commissioners of the Orleans Levee District for public parks, parkways, boulevards, playgrounds, aviation fields, places of amusement, and beach purposes a continuous strip of land averaging at least five hundred feet in depth and at no point less than three hundred fifty feet in depth. However, when the board shall have established and located the front line of the development in the bed of Lake Pontchartrain, including the line or location of piers, breakwaters, or other like extensions, and has sold, leased, or otherwise disposed of any land or granted any rights based upon the line or location, or when any party, for a valuable consideration, has acquired rights based upon the line or location, then no further reclamation shall be made or other works constructed by the board beyond the established front line or location in the bed of the lake, and the state of Louisiana shall not itself undertake, authorize, or permit the board or any other governmental agency or any person, association, firm, or corporation whatsoever to reclaim the bed of the lake or any part thereof or to construct any works thereon within three miles of the front line location as made by the board.

(b) There shall be three exceptions to this reserved and dedicated Lake Pontchartrain frontage. The first exception shall apply to the tract of land formerly known as Pontchartrain Beach. The board, in its discretion, may allocate this tract of land to the University of New Orleans to be used and developed as a research park for the university. The second exception shall apply to a rectangular shaped tract of land of approximately one acre, extending approximately two hundred seventy feet east of the east boundary of the tract of land formerly known as Pontchartrain Beach from the northern curb of Lakeshore Drive to the seawall. The board, in its discretion, may sell or lease this tract of land to the University of New Orleans to be used and developed as the east entrance to additional parking areas serving the research park and the general public. The third exception shall apply to the northernmost land area of the Franklin Avenue facility owned by the Orleans Levee District. The board, in its discretion, may utilize this land for any purpose consistent with the general powers and duties of the board as set out in R.S. 38:306 and 307 or for any other purpose set out previously in this Section. Lakeshore Drive shall be open to public access at all times, except in the case of a hurricane or other similar emergency.

(3) The foregoing restrictions and limitations shall not prevent or preclude the state, any other governmental agency authorized by law, or any person, firm, or corporation authorized by law from building any bridges or causeways crossing the lake or connecting the shores of the lake with any land reclaimed or works constructed in the bed of the lake.

(4) The board of commissioners of the Orleans Levee District may establish rental rates or other types of docking charges for boat slips in any marina it owns or operates. All rental rates and all other types of docking charges for boat slips established by the board shall be fair and equitable; and no surcharges, rental rates, or other charges for the use of marina facilities shall be assessed at a higher rate to nonresidents of Orleans Parish than those assessed to residents of Orleans Parish.

C. The board may give, grant, and donate to the United States of America or any of its subdivisions, agencies, or departments a tract of land contained within the territorial limits of the project for the purpose of erecting a coast guard station on Lake Pontchartrain. The location and size of this tract of land shall be determined by the board. The board may give, grant, and donate to the United States of America or any of its subdivisions, agencies, or departments a tract of land contained within the territorial limits of the project for the purpose of erecting or establishing a United States Naval Reserve Training Center on Lake Pontchartrain. The location and size of the tract of land shall be determined by the board.

D. For the sale and disposal of the property the board shall employ such persons, agents, or agencies as the board's sound discretion dictates and shall pay these agents such compensation as is previously agreed upon.

E. The board shall donate to the LSU Board of Supervisors for the University of New Orleans all lands, in full ownership, comprising the Main and East campuses of the University of New Orleans. Fifteen acres of this land shall be dedicated in perpetuity for recreational and/or park purposes and shall be included as part of the thirty percent required by Subsection B hereof.

F. The board of commissioners shall have the authority to donate any lands other than those provided for in R.S. 38:336(E) to the Southern University Board of Supervisors for Southern University in New Orleans.

G.(1) Notwithstanding the provisions of any other law to the contrary, the Board of Commissioners of the Orleans Levee District and the Department of Transportation and Development are hereby authorized and empowered to acquire, by exchange, any or all of the property presently owned by New Orleans Canal, Inc., located in the parish of Orleans, and bounded by Polk Avenue, West End Boulevard, Robert E. Lee Boulevard, and Pontchartrain Boulevard. There shall be reserved and dedicated forever in the act of exchange for a passive nature park, that portion of said lands being bounded by Polk Avenue, West End Boulevard, Walker Street, and Pontchartrain Boulevard. The Department of Transportation and Development may receive donations for the maintenance of this area. This dedication of park space shall be in addition to, and supplemental of, and shall not diminish, other recreational space referred to in Subsection B of this Section.

(2) The said property is further described as two tracts of land, as follows:

(a) The first tract is a portion of land measuring forty feet in width by seven thousand two hundred feet in length more or less; being the same property acquired by New Orleans Canal, Inc. from Canal Assets, Inc. and New Orleans Canal and Banking Company in liquidation, by Acts recorded in COB 655, folio 489, COB 655, folio 525, COB 655, folio 643.

(b) The second tract is a portion of land contiguous to and west of the first tract (above) measuring sixty feet in width by seven thousand two hundred feet in length more or less; being the same property acquired by New Orleans Canal, Inc. from the state of Louisiana by an Act recorded in COB 663, folio 197.

(3)(a) The Board of Levee Commissioners of the Orleans Levee District is hereby authorized to exchange that portion of Orleans Parish known as Lincoln Beach; however, such exchange shall not include any water bottoms. This property shall not be subject to the dedication provisions of Subsection B.

(b) The boundaries of the land known as Lincoln Beach in Orleans Parish owned by the Board of Levee Commissioners of the Orleans Levee District are more particularly described as follows:

"The point of beginning commences at the intersection of the longitudinal center line of the vehicular underpass with the north right-of-way line of the Alabama Great Southern Railroad in Orleans Parish; thence in a southwesterly direction along the north right-of-way line of the Alabama Great Southern Railroad, a distance of about 700 feet to a brick wall; thence in a northwesterly direction along the brick wall a distance of about 400 feet to a wooden bulkhead; thence in a northwesterly and northerly direction along the wooden bulkhead a distance of about 300 feet to the shoreline of Lake Pontchartrain; thence in a northeasterly direction along the shoreline of Lake Pontchartrain a distance of about 1200 feet to a wooden bulkhead; thence in an easterly and southeasterly direction along the wooden bulkhead a distance of about 680 feet to the north right-of-way line of the Alabama Great Southern Railroad; thence in a southwesterly direction along the north right-of-way line of the Alabama Great Southern Railroad a distance of about 720 feet to the point of beginning, said tract of ground containing 15.4 acres in New Orleans, Louisiana, and shown more particularly on Orleans Levee Board drawing file No. LD 1081."

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1985, No. 130, §1; Acts 1986, No. 559, §1; Acts 1997, No. 1030, §1, eff. July 11, 1997; Acts 2001, No. 378, §1, eff. June 13, 2001; Acts 2007, No. 133, §1, eff. June 25, 2007.
La. Rev. Stat. § 38:2233.5 — LA Code / Code revised-statutes / Title 38 / Section 2233.5
City of New Orleans; socially and economically disadvantaged businesses; procurement set-asides
Status: in_force

A. Notwithstanding any other provision of law to the contrary, the governing authority of the city of New Orleans, referred to in this Section as the "city", and any board, agency, or commission of the city, through its respective fiscal officer or director of finance, may for each fiscal year designate and set aside, for awarding to socially and economically disadvantaged businesses, an amount not less than ten percent of the value of anticipated local procurement of goods and services, including construction or doing of any public work, including alteration or repair. However, should the governing authority of the city or any board, agency, or commission of the city choose to set aside a greater amount, then nothing in this Section shall be construed to prohibit the set-aside levels above ten percent, but not to exceed twenty-five percent.

B. The procurement set-aside as provided by Subsection A of this Section may be divided into contract award units of economically feasible production runs in order to facilitate offers or bids from socially and economically disadvantaged businesses. In making the annual designation of procurement set-asides, an attempt may be made to vary the included procurements so that a variety of goods and services, including construction or doing of any public work, including alteration or repair, produced by different socially and economically disadvantaged businesses may be set aside each year. The failure to set aside particular procurements shall not be considered to prohibit or discourage socially and economically disadvantaged businesses from seeking the procurement award through the normal solicitation and bidding processes.

C.(1)(a) The governing authority of the city shall adopt rules and regulations to implement the provisions of this Section. The rules and regulations shall include procedures regarding the certification of socially and economically disadvantaged businesses.

(b) No business shall be awarded a contract pursuant to the provisions of this Section unless it has met the certification requirements established by the governing authority of the city.

(2) The rules and regulations adopted by the governing authority shall also provide for the establishment of a contract procedure for the awarding of contracts pursuant to this Section. In addition, the rules and regulations shall require that schedules to publicize requests for proposals, requests for qualifications, and bid solicitations shall adhere to current federal guidelines. The governing authority shall adopt a requirement that the prime contractor award a certain percentage, not to exceed thirty-five percent, of the total dollar bid to socially and economically disadvantaged subcontractors. This requirement may be waived if the prime contractor, after a good faith effort, is unable to comply with the requirement.

D. If the governing authority of the city or any board, agency, or commission of the city is unable to award all of its procurement set-asides to socially and economically disadvantaged businesses, then the balance of the procurement set-asides may be awarded to other businesses in accordance with existing solicitation, bid evaluations, and contract award provisions otherwise provided by law.

E. All laws and rules pertaining to solicitations, bid evaluations, contract awards, and other procurement matters shall apply to procurements set aside for socially and economically disadvantaged businesses as provided in this Section, including penalties for noncompliance. If a conflict exists with the provisions of this Section, the provisions of this Section shall govern.

Acts 2023, No. 230, §1.
La. Rev. Stat. § 38:338 — LA Code / Code revised-statutes / Title 38 / Section 338
Construction, maintenance, and repairs of levees in Pontchartrain Levee District; supervision and control
Status: in_force

A. To insure more effectively the protection of the city of New Orleans from overflow, the board of commissioners of the Orleans Levee District may contribute, at its discretion, and on recommendation of its chief engineer, the amounts of money, at the times and on the terms, which the board may determine, towards the construction, maintenance, and repairs of the levees along the Mississippi River in the Pontchartrain Levee District below Bonnet Carre. This contribution shall not exceed the sum of fifty thousand dollars in any single year and shall not be used for the acquisition of property.

B. Where money has been contributed under the provisions of this Chapter to the construction, maintenance, or repair of any levee, the money shall be expended solely when not less than a like amount is contributed by the Pontchartrain Levee District for the similar purpose, and the work shall be done under the supervision and control of the office of engineering.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:28 — LA Code / Code revised-statutes / Title 38 / Section 28
Penalties
Status: in_force

A. It is unlawful for any person to violate any provision of this Chapter relative to dams, or any provision of the orders, rules, regulations, or lawful requirements of the chief engineer; or to willfully obstruct, hinder, or prevent the chief engineer, or his authorized representative, from performing the duties imposed herein; or for any director, officer, agent, or employee of a contractor who engages in the construction, modification, maintenance, or removal of any dam, to knowingly do work or permit work to be done on the dam without the approval or in violation of any approval as provided in this Chapter; or for any inspector, agent, or employee of the chief engineer to fail to immediately notify him of such improper work of which he has knowledge.

B. Any engineer providing professional services who designs a new dam or a modification or removal of an existing dam without notifying the owner in writing of the owner's obligation to obtain a permit or written consent of the chief engineer prior to the start of construction shall be reported to the Louisiana Professional Engineering and Land Surveying Board (LAPELS).

C. Upon request of the Department of Transportation and Development, the state police may issue a citation to any person who is in violation of Subsection A of this Section. Every person who is convicted of a violation of Subsection A of this Section shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

D. Every fine imposed pursuant to the provisions of this Section shall be collected by the court and forwarded to the state treasurer for deposit in the Transportation Trust Fund to defray the costs of the Louisiana Dam Safety Program.

Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.
La. Rev. Stat. § 38:3051 — LA Code / Code revised-statutes / Title 38 / Section 3051
District authorized; creating resolution; membership
Status: in_force

The governing authority of the parish of East Baton Rouge is hereby empowered to create a special conservation district within said parish to be known as "Greater Baton Rouge Water Conservation District" hereinafter sometimes called "district" by the adoption of a creating resolution. Before adoption of creating resolution a notice of intention to create district shall be published three times in the official journal of the parish not less than fifteen days prior to the date set for the holding of a public hearing thereon. Creating resolution shall provide that governing authority of district shall consist of sixteen members subject to the provisions of R.S. 38:3054 hereof and shall be designated and known as "Water Conservation Commission" or "Commission". In the creating resolution the governing authority of the parish of East Baton Rouge shall appoint sixteen persons to serve on the Water Conservation Commission as follows:

One representative selected by the Baton Rouge Chamber of Commerce

Two representatives selected by the Baton Rouge Water Works Company

One representative selected by Ethyl Corporation

One representative selected by Gulf States Utilities Company

One representative selected by Humble Oil & Refining Company

One representative selected by the Louisiana Conservation Department

One representative selected by the Louisiana Department of Public Works

One representative selected by the Louisiana State Health Department

One independent geologist selected by the parish council

Two city-parish council members selected by the parish council

One East Baton Rouge Parish senator and one state representative selected by the parish council

One representative selected by the AFL-CIO

The Louisiana State Geologist shall serve ex officio as a member of the Commission. The authorizing resolution shall further designate the domicile, first meeting, date, time and place, and shall provide that notice of the creation of such district shall be published one time in the parish official journal. The district, with the Commission acting as its governing authority, shall constitute a subdivision of the State of Louisiana as authorized by the Constitution of Louisiana.

Added by Acts 1970, No. 682, §1.
La. Rev. Stat. § 38:2290 — LA Code / Code revised-statutes / Title 38 / Section 2290
Closed specification prohibited; exception
Status: in_force

A. No architect or engineer, either directly or indirectly, shall submit a closed specification of a product to be used in the construction of a public building or project, unless all products other than the one specified would detract from the utility of the building, or except in those cases where a particular material is required to preserve the historical integrity of the building or the uniform appearance of an existing structure, or is required as part of an integrated coastal protection project, as defined in R.S. 49:214.2, for the evaluation of new and improved integrated coastal protection technologies.

B. A closed specification shall not be submitted or authorized when any person or group of persons possess the right to exclusive distribution of the specified product, unless the product is required to expand or extend an existing system presently operating at the facility or site, or if a specified product is required as part of an integrated coastal protection project, as defined in R.S. 49:214.2, for the evaluation of new and improved integrated coastal protection technologies. However, no such closed specifications shall be allowed until rules have been promulgated by the division of administration after oversight by the Senate and House Committees on Transportation, Highways and Public Works and other appropriate legislative committees.

Added by Acts 1965, No. 40, §1. Amended by Acts 1982, No. 596, §1, eff. July 22, 1982; Acts 1997, No. 678, §1; Acts 2016, No. 373, §1.
La. Rev. Stat. § 38:2907 — LA Code / Code revised-statutes / Title 38 / Section 2907
Powers of board
Status: in_force

In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, hold, sell and convey land and personal property and execute such contracts as it may deem necessary or convenient to enable it properly to carry out the purposes for which it is created.

(2) Acquire servitudes, rights of way and flowage rights, by purchase, by expropriation, and by assignment.

(3) Assist in conserving soil and water and in developing the water resources of the district; provided, however, nothing shall be done to interfere with districts previously organized under Louisiana law.

(4) Cooperate with the State Department of Public Works and other state agencies in the maintenance or improvement, and the construction of any works or improvements for the control, retention, diversion or utilization of water; retard runoff of water and soil erosion, construct any ditch, channel improvement, dike, dam, or levee, and repair, improve and maintain any of said improvements or structure.

(5) Acquire personal property by gift or purchase; and employ and hire a secretary and such other personnel as may be necessary in the operation of the business of the district, and fix their compensation; and the commission is further authorized to employ engineers, attorneys and other professional personnel as the need becomes necessary and fix their compensation.

(6) Levy taxes, issue bonds and incur indebtedness within the limitations prescribed by the constitution of the State of Louisiana, and in the manner prescribed thereby.

(7) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and cities of this state, or other public corporations and with any other local, state and governmental agencies for the sale or use of any waters impounded hereby; provided, however, that this district shall not engage in the production of goods or resources or the performance of services which are or may be provided or performed by private enterprise in this state.

(8) Select a domicile and home office for the district.

(9) Do and perform any and all things necessary or incident to the fulfillment of the purposes for which this district is created, including all acts necessary to construct, lease, acquire in any manner, maintain, and operate dikes, dams, reservoirs, storage basins, locks, levees, flumes, conduits, spillways or other structures necessary, suitable or convenient to the purposes of the district.

(10) The Board of Commissioners of the Jackson Parish Watershed District in cooperation with the State Department of Public Works and the Wildlife and Fisheries Commission, shall have the care, management and control of the construction and maintenance of a lake within the district, the name of the lake to be selected by the board of commissioners. They shall have the power to:

(a) Appropriate money and provide for the current expenses of the said district.

(b) Make all police regulations necessary for the preservation of good order and the peace of the district; and to prevent injury to, destruction of, or interference with public or private property.

(c) Secure the general health of the district, to prevent, remove and abate nuisances; to prohibit the construction of privy vaults and cesspools, and to regulate or suppress those already constructed; to compel and regulate the connection of all property with the sewers and drains; to establish and regulate health and sanitary regulations with the concurrent approval of the state board of health or to regulate them and to prescribe and enforce regulations for cleanliness and sanitary regulations with regard to construction within the said district; to compel and regulate the removal of garbage and filth within the said limits of the district.

(d) Grant franchises to telephone, telegraph and electric power companies for the purpose of supplying such service to construction within one mile of the high water line of the said reservoir.

(e) Grant franchises for the purpose of laying gas, water, sewer, electric light or other utilities supplying the inhabitants or any person or corporation with gas, water, sewerage, light, when such construction is located within one mile of the high water line of the said reservoir. This applies only to construction begun after August 1, 1968.

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

(g) Appoint, hire, designate and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by the said commission.

(11) Raise funds by taxes or otherwise to be expended by and under the direction of the commission.

(12) The Jackson Parish Watershed District shall have, with respect to the improvement and maintaining of the said watershed district, the advice of the department of public works, and it shall be the duty of the department to make such surveys, inspections, and investigations, render such report, estimate and recommendations and furnish such plans and specifications as the board of commissioners of the said district may request from time to time.

(13) Whenever any work is to be let under the provisions of this Chapter, the contract for which will exceed the value of two thousand dollars, the board of commissioners of the district shall proceed to provide through the department of public works, proper specifications for the performing of said work, which specifications shall receive the approval of the board of commissioners of the district. After the adoption of the specifications thus approved the board of commissioners of the district shall advertise for bids to do the work according to the plans and specifications prepared by the department of public works, which advertisement shall appear once a week for the full term of thirty days in a newspaper of Jackson Parish, as well as any other paper or papers in the discretion of the board of commissioners. Such advertisement shall state the place where the bids will be received, the time and place where the bids will be opened, and a general outline of the work expected to be performed. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five percent of the amount of the bid, which check shall be forfeited to the board of commissioners of the district, should the bidder to whom such contract is awarded fail to enter into the contract required within ten days after notice to do so from the board of commissioners awarding the work. The checks of all unsuccessful bidders shall be returned after the contract is awarded. All bids submitted shall be addressed to the Board of Commissioners of the Jackson Parish Watershed District and shall be publicly opened and read at the time stated in the advertisement.

The governing authority of the district may reject any and all bids, if, in its opinion, it is to the best interest of the district to do so, but whenever a contract is awarded, unless for cause which in its discretion is deemed sufficient, it shall be awarded to the lowest responsible bidder. The bidder to whom such contract is awarded shall be required to furnish bond of a surety company authorized to do business in Louisiana, or other good and solvent surety, in the sum equal to one-half of the amount of the contract awarded, conditioned that such work shall be performed in accordance with the plans and specifications of the Department of Public Works and the terms of the contract, and containing such other stipulations and provisions as may be required by the authority granting the contract. The awarding of the contract to a successful bidder will be binding upon both, even though for some cause there should be no signing of the actual contract.

(14) The district is hereby authorized to incur debt for any one or more of its lawful purposes, to issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and to provide for the security and payment thereof as follows:

(a) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction and maintenance costs and expenses of the district, which certificates shall be payable in principal and interest from any available income, revenues, fees and/or taxes pledged to their payment by the district.

(b) To issue bonds substantially in the manner set forth in Article XIV, Section 14 of the Constitution, and other authority supplemental thereto, particularly Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the district sufficient to pay such bonds in principal and interest, when approved by a vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose in accordance with Part II of said Chapter 4, Title 39, as amended by Act 277 of 1970. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine, provided, however, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten per cent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment roll of record in the Parish of Jackson.

(15) The district shall have additional authority to levy taxes under the provisions of Article X, Section 10 of the Constitution of the State of Louisiana for the year 1921, as amended, for the purpose of improving, operating and maintaining its facilities, provided any such tax shall first be approved at an election held for said purposes in accordance with Part II of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended by Act 277 of 1970.

(16) The copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessor of the parish on or before May 1 of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessor to assess the tax and extend the same upon the tax rolls of the parish. The tax shall be collected by the sheriff and ex officio tax collector of the parish in the same manner as taxes levied by the state. The tax collector shall make settlement for taxes so collected with the state comptroller and state treasurer for the account of the respective Jackson Parish Watershed District, and the funds so derived shall be withdrawn upon the warrant of the secretary of the board of commissioners of the Jackson Parish Watershed District; countersigned by the president of the said commission. Taxes assessed shall constitute the same liens upon the property assessed; shall bear the same penalties; and collection thereof shall be enforced in the same manner and at the same time as state and parish taxes.

(17) The parish shall not be entitled to reimbursement out of the property tax relief fund for any sums which may be lost to it occasioned by any homestead exemption which may be applicable to any property within the parish with respect to any tax levied under the authority of this part, as amended.

Added by Acts 1968, No. 589, §1. Amended by Acts 1970, No. 516, §§1, 2; Acts 1972, No. 316, §3; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:1674.12 — LA Code / Code revised-statutes / Title 38 / Section 1674.12
Parishes adjoining Lake Maurepas or Lake Pontchartrain; notice of intention; hearing; ordering improvements
Status: in_force

A. In any parish adjoining Lake Maurepas or Lake Pontchartrain, in order to construct and finance the projects provided for in R.S. 38:1674.1, the board of commissioners of any drainage district created under the provisions of this Chapter shall employ a competent engineer or firm of engineers to prepare a drainage report setting forth the area to be drained, the general plan of drainage, the total estimated cost of the project as well as the estimated annual cost of operating and maintaining such project and a proposed plan for financing such costs.

B. The engineering report shall designate the portion or portions of the drainage area which are high lands and undrained lands. Highlands shall mean any land which is drained by gravity or other means sufficient to support residential, commercial and industrial construction or inhabitation and the natural drainage from which land flows into other portions of the drainage area. High lands shall not include lands already drained that do not flow into the drainage area. Undrained lands shall mean any land which is subject to overflow and not already drained sufficiently to support residential, commercial and industrial construction or inhabitation.

C. After receiving and approving the engineering report, the board of commissioners shall adopt a resolution giving notice of its intention to construct such project and shall describe the portion of the district, if less than the entire district, to be drained, benefited, and assessed which shall be referred to as the assessment area. Said resolution shall also give notice of the intention of the board to levy local or special assessments not exceeding a specified sum per acre or square foot on each assessable lot or parcel of real estate in the assessment area to pay all or part of the project cost with separate maximum assessment costs being specified for high lands and undrained lands. The resolution containing the notice of intention shall be published once a week for three consecutive weeks in a newspaper published within the district, or, if there be none, in some newspaper published in the parish wherein the district is located. The board of commissioners shall set forth therein the date, hour and place of a hearing at which it will proceed in open session to hear any and all objections to the proposed improvements and the manner of payment therefor; and after hearing and passing on such objections, proceed, if it so determines, to order such improvements constructed in the manner hereinafter provided.

D. The total of all such local or special assessments shall represent the total cost to be assessed against the real property in the assessment area and said local or special assessments shall be calculated or prorated equally against each acre or square foot of property in the assessment area except that the assessment per acre or per square foot in the high lands shall be in an amount equal to twenty percent of the assessment per acre or per square foot of undrained lands in the assessment area. In order to accomplish this procedure, the local or special assessment per acre or per square foot in the undrained lands portion shall be equal to an amount determined by dividing the total project cost by the sum of the acres or square footage in the undrained lands portion plus one-fifth of the acres or square footage of the high lands portion. The assessment provided for in this Section against the high lands in the assessment area shall not exceed the sum of one hundred dollars per acre per year or a proportionate maximum assessment per square foot per year.

E. The board shall not proceed with the levying of any local or special assessments or the construction of the proposed improvements if, at or prior to the public hearing, any written objections are filed to the proposed improvements and signed by the owner on any property included within the district, which ownership shall be determined by the conveyance records of the parish. The property of any landowner who objects shall be excluded from the proposed assessment area and the property of such landowner shall not be subject to the finance charges and drainage assessments provided for herein.

F. The provisions of this Section shall be in addition to and shall not repeal, modify, or limit the applicability of any of the other provisions of this Part which apply to parishes adjoining Lake Maurepas or Lake Pontchartrain.

Added by Acts 1979, No. 712, §1, eff. July 20, 1979.
La. Rev. Stat. § 38:3087.133 — LA Code / Code revised-statutes / Title 38 / Section 3087.133
Definitions
Status: in_force

Unless the context otherwise requires, the following terms shall have the following meanings for purposes of this Part:

(1) "Beneficial purpose" or "beneficial use" means the use of groundwater for domestic, municipal, industrial, agricultural, recreational, or therapeutic purposes or any other advantageous use.

(2) "Board" means the board of commissioners of the district.

(3) "Commissioner" means a member of the board of the district who has been commissioned in accordance with this Part.

(4) "District" means the Sparta Groundwater Conservation District.

(5) "Governing body" means the police jury, commission, council, or other legislative body of a parish.

(6) "Groundwater" is water suitable for any beneficial purpose percolating below the earth's surface.

(7) "User" means any person who produces groundwater in the district in excess of fifty thousand gallons for any day during any calendar year from a well or wells owned or operated by such person or from a well or wells owned or operated solely for the production of water used by such person.

(8) "Well" or "water well" means any well drilled or constructed for the principal purpose of producing groundwater.

Acts 1999, No. 1228, §1.
La. Rev. Stat. § 38:2808 — LA Code / Code revised-statutes / Title 38 / Section 2808
Powers of board
Status: in_force

In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, hold, sell and convey land and personal property and execute such contracts as it may deem necessary or convenient to enable it properly to carry out the purposes for which it is created.

(2) Acquire servitudes, rights of way and flowage rights, by purchase, by expropriation, and by assignment.

(3) Control and protect against flooding in the district and assist in conserving oil and water and in developing the water resources of the district; provided, however, nothing shall be done to interfere with districts previously organized under Louisiana law.

(4) Cooperate with the Department of Public Works and other state agencies in the maintenance or improvements, and the construction of any works or improvements for the control, retention, diversion or utilization of water; retard runoff of water and soil erosion, construct any ditch, channel improvement, dike, dam, or levee, and repair, improve and maintain any of said improvements or structure.

(5) Acquire personal property by gift or purchase; and employ and hire a secretary and such other personnel as may be necessary in the operation of the business of the district, and fix their compensation; and the commission is further authorized to employ engineers, attorneys and other professional personnel as the need becomes necessary and fix their compensation.

(6) Levy taxes, issue bonds and incur indebtedness within the limitations prescribed by the constitution of the state of Louisiana, and in the manner prescribed thereby.

(7) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and cities of this state, or other public corporations and with any other local, state and governmental agencies for the sale or use of any waters impounded hereby.

(8) Select a domicile and home office for the district.

(9) Do and perform any and all things necessary or incident to the fulfillment of the purposes for which this district is created, including all acts necessary to construct, lease, acquire in any manner, maintain, and operate dikes, dams, reservoirs, storage basins, locks, levees, flumes, conduits, spillways or other structures necessary, suitable or convenient to the purposes of the district.

(10) The Board of Commissioners of the Franklin Parish Watershed District shall have power:

(a) To appropriate money and provide for the current expenses of the district.

(b) To make all police regulations necessary for the preservation of good order and peace of the district, and to prevent injury to, destruction of or interference with public or private property.

(c) To secure the general health of the district, to prevent, remove and abate nuisances; to prohibit the construction of privy vaults and cesspools, and to regulate or suppress those already constructed; to compel and regulate the connection of all property with the sewers and drains; to establish and regulate health and sanitary regulations, with the concurrent approval of the Board of Health, or to regulate them and to prescribe and enforce regulations for cleanliness and sanitary regulations with regard to construction within the said district, and to compel and regulate the removal of garbage and filth within the limits of the district.

(d) To grant franchises to telephone, telegraph and electric power companies for the purpose of supplying such service to construction in or the facilities of the district, owned or leased by the district.

(e) To grant franchises for the purpose of laying gas, water, sewer, electric light or other utilities supplying the inhabitants or any person or corporation with gas, water, sewerage, light, when such construction is located within one mile of the high water line of the said reservoir.

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

(g) To appoint, hire, designate and empower wardens, rangers, patrols and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by the said commission, as approved by the Louisiana Wildlife and Fisheries Commission.

(11) To raise funds by taxes or otherwise to be expended by and under the direction of the said commission.

(12) To incur debt and issue negotiable bonds for the construction of works of public improvement and flood control and protection and for such other public purposes as it may deem necessary and proper to effect the purposes of the district; and to that effect, the board of commissioners is authorized to call any special elections necessary to levy taxes, incur debt, and to issue and sell negotiable bonds, all in conformity with the constitution and laws of the State of Louisiana.

(13) With respect to the improvement and maintaining of the watershed district the Franklin Parish Watershed District shall have the advice of the State Department of Public Works, and it shall be the duty of the department to make such surveys, inspections and investigations, render such reports, estimates and recommendations and furnish such plans and specifications as the board of commissioners of the district may request from time to time.

(14) Whenever any work is to be let under the provisions of this Part, the contract for which will exceed the value of two thousand dollars, the board of commissioners shall proceed to provide, through the State Department of Public Works, proper specifications for the performing of said work, which specifications shall receive the approval of the board of commissioners of the district. After the adoption of said specifications thus approved, the board of commissioners shall advertise for bids to do the work according to the plans and specifications prepared by the State Department of Public Works, which advertisement shall appear once a week for the full term of thirty days in a newspaper in Franklin Parish, and may appear in any other newspaper or newspapers, in the discretion of the board of commissioners. Such advertisement shall state the place where the bids will be received, the time and place where the bids will be opened, and a general outline of the work to be performed. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five percentum of the amount of the bid, which checks shall be forfeited to the board of commissioners of the district if the bidder to whom such contract is awarded fails to enter into the contract required within ten days after notice to do so from the board of commissioners awarding the work. The checks of all unsuccessful bidders shall be returned after the contract is awarded. All bids submitted shall be addressed to the Board of Commissioners of the Franklin Parish Watershed District and shall be publicly opened and read at the time stated in the advertisement.

The Board of Commissioners may reject any and all bids, if, in its opinion, it is to the best interest of the district to do so, but whenever a contract is awarded, unless for cause which in its discretion may be deemed sufficient, it shall be awarded to the lowest responsible bidder. The bidder to whom such contract is awarded shall be required to furnish bond of a surety company authorized to do business in Louisiana, or other good and solvent surety, in a sum equal to one-half of the amount of the contract awarded, conditioned that such work shall be performed in accordance with the plans and specifications of the State Department of Public Works and the terms of the contract, and containing such other stipulations and provisions as may be required by the board of commissioners. The awarding of the contract to a successful bidder shall be binding upon both, even though for some cause there should be no signing of the actual contract.

(15) The special taxes imposed for the purpose of providing for the payment of principal and interest on the bonds as aforesaid, shall be levied, assessed and collected each year on the property taxed, under the same terms and conditions and at the same time as state and parish taxes. Such taxes shall bear the same liens upon the property as state, parish, municipal and other special taxes, and the property shall be sold for delinquent taxes in the same manner as properties sold for delinquent state, parish, municipal and other taxes.

(16) The provisions of the constitution and all laws regulating the collection of taxes, the creation of tax liens, mortgages, tax penalties and sales, shall apply to and regulate the collection of special taxes for the purpose enumerated in this Part.

Where the taxes have been levied by the governing authority of the Franklin Parish Watershed District, the sheriff and ex-officio tax collector for Franklin Parish or of Catahoula or Richland Parishes, as the case may be, shall make monthly statements to the treasurer of the parish in which the tax is levied and shall receive from him a receipt for the amount of special taxes paid over, in the same manner as the tax collectors are required to settle with the comptroller of the state, and he shall receive from the parish treasurer the same quietus for a full settlement of taxes due and exigible in a given year and account for delinquencies or deductions in the same manner as though accounting to the comptroller of the state for the state taxes. The sheriffs and ex-officio tax collectors shall retain no commission thereon. Upon the failure of any tax collector to comply with the provisions of this Paragraph, the governing authority of the Franklin Parish Watershed District shall proceed against him and the sureties on his official bond for the collection of whatever amount may be due the said Franklin Parish Watershed District.

(17) For the purpose of providing funds to carry out the objects and purposes for which the Franklin Parish Watershed District is created, its board of commissioners may call special elections for the purpose of submitting to the property taxpayers throughout the Franklin Parish Watershed District, as hereinabove defined, eligible to vote at such election, a proposition to levy annually a special tax not to exceed one mill on the dollar upon all the taxable property within the district, to run for a period of not more than ten years. The expense of any election so held shall be borne by the police juries of the parishes of Franklin, Catahoula and Richland in the proportion that the percentage of taxes collectible by each bears to the total taxes collectible throughout the district.

(18) In the resolution calling the election, the rate, object and purpose for which the tax is to be levied and the number of years it is to run must be stated. After the resolution is passed by the board of commissioners of the said district, notice of the election shall be given, embracing substantially all things that are required to be set forth in the resolution, and setting forth further that the authorities ordering the election will, in open session to be held at an hour and place named in the notice, proceed to open the ballot boxes, examine and count the ballots in number and amount, and declare the results of the election. This notice shall be advertised for thirty days in a newspaper published in the district, and the insertion of the advertisements once a week for five weeks in such newspapers shall constitute sufficient notice. Thirty days must intervene from the day on which the advertisement is first inserted and the day on which the election takes place.

(19) Only property taxpayers, qualified as electors under the constitution and laws of the state, shall be entitled to vote at such elections. The qualifications of the taxpayers as voters shall be those of age, residents and registered as voters.

(20) The Board of Commissioners of the Franklin Parish Watershed District shall designate the polling places, provide the ballot boxes, ballots, evaluations of property and compile statements of the voters in number and amount and fix the compensation of election officers. They shall appoint for each polling place three commissioners and one clerk of election all of whom shall be persons qualified to vote at such election. The police juries of the parishes shall pay all of the expenses of such election as provided in Paragraph (17) of this Section.

(21) The registrars of voters in the parishes shall furnish to the election commissioners appointed to hold the election a list of taxpayers entitled to vote, together with the valuation of each taxpayer's property, as shown by the assessment roll filed prior to the election. When any taxpayer's name and valuation of property is omitted from such list or erroneously entered thereon, the commissioners of election may receive affidavits of such taxpayer entitled to vote and the assessed valuation of his property, which affidavit shall be attached to his taxpayer's ballot. No defect or irregularity in or omission from the list of voters furnished by the registrar of voters shall affect the validity of the election, unless it is established that voters deprived of right to vote were sufficient in number and amount to have changed the result of the election.

(22) The question to be submitted to the voters at special elections hereunder and the ballot to be used thereat shall be substantially in the following form:

Shall the Franklin Parish Watershed District of Louisiana impose, levy and collect annually for the term of _____ years, beginning with the year 20 ___, a tax not exceeding one mill on the dollar upon all the taxable property within the district for the purpose of providing funds for carrying out the objects and purposes for which it is created? Taxable valuation $____________.

_____________________________

Signature of Voter

NOTICE TO VOTERS

To vote in favor of the proposition submitted upon this ballot place an (X) in the square after the word "yes"; to vote against, place a similar mark after the word "no".

(23) If any commissioner or clerk of election is unable, fails, or neglects 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 delinquent absentee appointees. Commissioners and clerks of elections, before opening the polls, shall be sworn to perform all duties incumbent upon them as such, the oaths to be taken before any officer authorized to administer oaths or by the clerk, and each commissioner of election before any other commissioner. Commissioners and clerks may administer any affidavit provided for in this Part.

(24) Each voter's name shall be written on his ballot. The commissioners of election shall receive the ballot of each voter, check his name on the list of voters furnished by the registrar as having voted, enter number of his name on the list of taxpayers voting, and immediately deposit his ballot in the ballot box, reserving to each voter the right to so fold his ballot that it shall not be known at the time whether he voted for or against the proposition submitted.

(25) The polls shall be opened on the date appointed at 7 o'clock a.m. and remain open until and not later than 7 o'clock p.m. No election shall be vitiated by failure to open the polls at the time prescribed or by closing them before the time prescribed, unless on a contest it could be established that voters were there by the time to vote sufficient in number and amount to have changed the result of the election.

(26) Immediately after the closing of the polls the commissioners shall, in the presence of the bystanders, open the ballot box, count the ballots found therein, check the same with the list of voters kept, proceed to count the votes in number and amount, keep in duplicate tally sheets showing the votes in number in favor of or against the proposition submitted and showing the valuation of property in favor of and against the same, make in duplication compiled statements of the vote in number and amount, both in favor of and against the proposition. After swearing to the correctness of the numbered list of voters, the duplicate tally sheets, and duplicate compiled statements, they shall deposit the ballots, registrar's list of voters, the numbered list of taxpayers voting, one duplicate tally sheet and one duplicate compiled statement in the ballot box, immediately seal the said ballot box and within seventy-two hours after the closing of the polls, deliver said sealed ballot box with its contents to the Board of Commissioners of the Franklin Parish Watershed District, at its domicile, and shall within the said period, deliver the duplicate tally sheet and the duplicate compiled statement to the Clerk of the District Court of Franklin Parish, who shall file the same in his office. If the election commissioners, on counting the ballots, find they do not correspond with the list of voters, they shall, before examining and counting the ballots, examine the same for the purpose of finding the discrepancy, and if it should be found that any ballots have been duplicated, the same shall be destroyed, and if it be found that the name of a voter has been omitted from the list of persons voting, the same shall be added to the list.

(27) On the day and at the hour and place named in the notice of election, the Board of Commissioners of the Franklin Parish Watershed District shall, in public session, open the ballot boxes, examine and count the ballots in number and amount, examine and canvass the returns and declare the results of such election. The results shall be promulgated by the proclamation published in one issue of a newspaper published in Franklin Parish. The board of commissioners shall keep a proces verbal of the manner in which the ballot boxes were opened, the returns canvassed and the result of the election ascertained, and shall forward a copy thereof to the secretary of state, who shall record the same; and copies to the Clerks of the District Courts of the parishes of Franklin, Catahoula and Richland who shall record same in the mortgage records of said parishes, retaining the original proces verbal in the archives of the said district and in the clerk's office in Franklin Parish. The secretary of the Board of Commissioners of the Franklin Parish Watershed District shall preserve for a term of three months from the date of the promulgation of the election, the ballots and other returns thereof.

(28) During the thirty days next following the publication of the proclamation declaring the results of any election, if the same be in favor of the tax, any taxpayer within the district may contest the legality of the election by appropriate action. Thereafter, no one may contest the regularity, formality or legality of the election or the validity of the tax levied or authorized to be levied, but the same shall be absolutely incontestable for any cause whatever and no court may hear or determine any such question, and the board of commissioners of the district shall not be permitted to question this authority to levy the tax.

(29) If a majority in number and amount of the qualified taxpayers voting at the election vote in favor of the proposition to levy the tax, the board of commissioners of the district may, by resolution, proceed to levy such tax from year to year, for the term for which the same has been voted. The board shall not be required to levy the full one mill tax, but their failure to levy the tax in any one year shall not permit them to exceed the one mill tax for any subsequent year.

(30) The copy of the resolution levying the tax, certified by the secretary of the board of commissioners of the said district, shall be transmitted to the tax assessor of each of the parishes within the district on or before June 1st of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessors of the parishes within the district to assess the tax and extend the same upon the tax rolls of said parishes. The tax shall be collected by the sheriffs and ex-officio tax collectors of the parishes in the same manner as taxes levied by the state. The tax collectors shall make settlement for taxes so collected with the state comptroller and state treasurer for the account of the Franklin Parish Watershed District, and the funds so derived shall be withdrawn upon the warrant of the secretary of the Board of Commissioners of the Franklin Parish Watershed District; countersigned by the president of the said commission. Taxes assessed shall constitute the same liens upon the property assessed, shall bear the same penalties and collection thereof shall be enforced in the same manner and at the same time as state and parish taxes.

Added by Acts 1966, No. 101, §8; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:2836 — LA Code / Code revised-statutes / Title 38 / Section 2836
Contracts let by board; bond
Status: in_force

Subject to the supervisory control of the State Department of Public Works, 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 of the State Department of Public Works, and the terms of the contract, and the board shall demand any other bonds and obligations which the laws relating to public works contracts require the contractor to give.

The board of commissioners and the State Department of Public Works 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 State of Louisiana, or any agency, department or commission thereof.

Added by Acts 1966, No. 262, §16.
La. Rev. Stat. § 38:18 — LA Code / Code revised-statutes / Title 38 / Section 18
Conference with wildlife and fisheries commission
Status: in_force

The Louisiana Department of Public Works shall without fail confer with the Louisiana Wildlife and Fisheries Commission in the earliest possible planning stage on every project affecting wetlands and other wildlife habitat, whether such projects be joint state-federal, state-parish or state or parish projects.

Added by Acts 1956, No. 405, §1.
La. Rev. Stat. § 38:2225.6 — LA Code / Code revised-statutes / Title 38 / Section 2225.6
Job order contracting; postsecondary education institution
Status: in_force

A. This Section establishes an alternative project delivery method for job order contracts created specifically for improvements addressing deferred maintenance of public facilities by a postsecondary education institution when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite.

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

(1) "Evaluation committee" shall mean a group formed to assess the qualifications of potential contractors or professionals who may be hired for construction work on campus projects. The role of the committee is to evaluate and select the most qualified candidates based on specific criteria.

(2) "Project" shall mean improvements addressing deferred maintenance of public facilities, including the complete renovation of buildings with significant deferred maintenance needs; utility infrastructure; drainage, street, sidewalk, and site infrastructure; the demolition of public facilities; and any other improvements to address deferred maintenance needs. The term "project" does not include new buildings or building additions, other than minor additions required for code compliance or improved access to a public facility.

(3) "Public facility" or "public facilities" shall mean buildings, equipment, utilities, site components, roads and streets, and other permanent property or immovable property under the supervision and control of the board overseeing the postsecondary education institution.

C. A postsecondary education institution may award job order contracts for deferred maintenance projects to a public facility if the work is of a recurring nature, but the delivery times are indefinite and the indefinite quantities and orders are awarded substantially on the basis of pre-described and pre-priced tasks.

D. The postsecondary education institution shall establish the maximum aggregate contract price when it advertises the request for qualifications pursuant to this Section. The institution may establish contractual unit prices for a job order contract through one of the following methods:

(1) Specifying one or more published construction unit price books and the applicable divisions or line items.

(2) Providing a list of work items and requiring the bidders to propose one or more adjustment factors or multipliers to be applied to the price book or pre-priced as the price proposal.

E. Before awarding any job order contract, the Louisiana Board of Regents shall establish procedures for the development of plans, specifications, qualifications, and other matters pertaining to the procedures for advertising, reviewing, and selecting job order contractors.

F. At minimum, the following provisions shall apply to firms and contractors providing or performing construction work under job order contracts:

(1) All engineering and surveying firms shall be licensed to perform services by the Louisiana Professional Engineering and Land Surveying Board.

(2) All architectural firms shall be licensed to perform services by the Louisiana State Board of Architectural Examiners.

(3) All contractors shall be licensed by the Louisiana State Licensing Board for Contractors.

G. To ensure compliance with the established standards, all competitors shall follow the qualification procedures set forth in this Subsection:

(1) A selection process utilizing a request for qualifications procedure including a public announcement procedure for solicitation of interested job order contract competitors and a procedure for requesting a statement of qualifications from qualified firms or terms through electronic announcement and communications.

(2) The postsecondary education institution shall provide a request for qualifications package to all job order contract competitors who submit a letter of interest. All required information shall be identified in the request for qualifications package and in the standard response forms. The response to a request for qualifications package shall include a statement of qualifications that outlines credentials and experience in areas of expertise specific to the project.

(3) The completed response form, along with any other required information, shall be submitted by the deadline specified in the request for qualifications package. Any response that fails to meet all requirements outlined in the request for qualifications package shall not be considered. False or misrepresented information provided in response to a request for qualifications package shall be grounds for disqualification.

H. The postsecondary education institution shall establish an evaluation committee to assess the responses to the request for qualifications, using at minimum the following criteria:

(1) The professional training and experience of the contractor and key personnel, specifically as it relates to the project under consideration.

(2) The capacity to complete the work within the specified time frame.

(3) Past performance on public projects of a similar nature to the one described in the request for qualifications.

(4) Any project-specific criteria that may apply to the project needs.

(5) Any other material deemed important by the institution.

I. A postsecondary education institution may award job order contracts to one or more job contractors in connection with each request for qualification.

J. The initial term for a job order contract shall not exceed two years. The postsecondary education institution may renew the contract annually for not more than three additional years.

K. An order for a job or project under a job order contract shall be signed by both the representative of the educational institution and the contractor. The job order may be issued for either of the following:

(1) A fixed price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities.

(2) A unit price order based on the quantities and line items delivered.

L. The job order contractor shall provide payment and performance bonds, as required by law, based on the amount or estimated amount of any order.

M. A job order contract shall only be used to accomplish work for the postsecondary education institution that awarded the contract unless the request for qualifications for the job order contract specifically provides for use by other postsecondary education institutions under the supervision and control of the management board.

N. The provisions of the Section shall supersede any conflicting provisions of any other law, including but not limited to the requirements of this Chapter.

Acts 2025, No. 88, §2, eff. June 4, 2025.
La. Rev. Stat. § 38:3015 — LA Code / Code revised-statutes / Title 38 / Section 3015
Individual mineral leases unabridged
Status: in_force

The provisions of this Chapter 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 the 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 1970, No. 600, §1.
La. Rev. Stat. § 38:1548 — LA Code / Code revised-statutes / Title 38 / Section 1548
Contest of validity of proceedings
Status: in_force

Whenever funding or refunding bonds have been ordered to be issued, and forced contributions and acreage taxes have been levied, or authorized to be levied, any land owner having property situated within the limits of any drainage district or sub-drainage district during sixty days next following the date of publication of the resolution, as required in this Part, may appeal to the courts for the purpose of testing the regularity, formality, legality, constitutionality, or validity of the proceeding, of the funding or refunding bonds authorized to be issued, and of the forced contributions or acreage taxes levied or authorized to be levied. After this time the regularity, formality, legality, constitutionality, and validity of the proceeding shall be conclusively presumed, shall be absolutely incontestable, and no one shall have any right or cause of action to contest the regularity, formality, legality, constitutionality, or validity of the proceedings, of the funding or refunding bonds authorized to be issued, or of the forced contributions or acreage taxes levied or authorized to be levied. If the regularity, formality, legality, constitutionality, or validity of the proceedings, of the funding or refunding bonds, or of the forced contributions or acreage taxes, are not questioned within the sixty days the authority of the board of drainage commissioners of any drainage district or sub-drainage district to issue and sell or exchange the funding or refunding bonds, the legality and constitutionality of the bonds, as well as the legality and constitutionality of the acreage taxes or forced contributions, levied or authorized to be levied, to pay the bonds, shall be conclusively presumed and no court may inquire into any of these matters.
La. Rev. Stat. § 38:3087.345 — LA Code / Code revised-statutes / Title 38 / Section 3087.345
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 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:1756 — LA Code / Code revised-statutes / Title 38 / Section 1756
Publication of ordinance
Status: in_force

Whenever gravity drainage districts or gravity sub-drainage districts are created or reorganized under the provisions of this Part, or lands have been added to a gravity drainage district or gravity sub-drainage district, as provided in R.S. 38:1799, a copy of the ordinance or ordinances of the police jury or police juries, duly certified to by the secretary, shall be published for thirty days in a newspaper published in the parish, or parishes in which the lands embraced in the gravity drainage or sub-drainage district lie, or if there is no newspaper published therein, the publication shall be made in a newspaper published in an adjoining parish and by posting in three public places in the district or sub-district, four publications in the newspaper once a week constituting publication for thirty days.