reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:111. Contracts by drainage districts, levee boards, and political subdivisions with Department of Transportation and Development or the Coastal Protection and Restoration Authority

RS 38:111 - Contracts by drainage districts, levee boards, and political subdivisions with Department of Transportation and Development or the Coastal Protection and Restoration Authority
Any drainage or subdrainage district, gravity drainage, or gravity subdrainage district, levee board, or political subdivision may contract with the Department of Transportation and Development or, for projects in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, upon any terms for the payment of the cost of the drainage and reclamation projects within the confines of the district or districts involved proportionately by the Department of Transportation and Development, or the Coastal Protection and Restoration Authority, and the districts as may be agreed upon between the Department of Transportation and Development, or the Coastal Protection and Restoration Authority, and the governing authorities of the districts entering into any contract.
Acts 2010, No. 734, §3; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:112. Cooperation with federal government and state of Mississippi in building levees

RS 38:112 - Cooperation with federal government and state of Mississippi in building levees
By and with the concurrence and approval of the local levee authorities in interest in Louisiana, and of the Department of Transportation and Development, or, for levees in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, the state of Mississippi and the United States Government, or either of them, jointly or severally, may construct and have entire charge and control of, both in construction and maintenance, and for protection and preservation, all levees which may be deemed necessary by the grantees, or by either of them, for protection against overflow from the Mississippi River, through and over all parts of the state of Louisiana which by the changes of the channel of the Mississippi River have been separated from other parts of the state of Louisiana, and which are now on the east side of the present channel of the river, and attached to the mainland of the state of Mississippi. The levees shall be of the dimensions and shall be located, and built from adjacent soil, along the lines, and for the distances, determined by the engineers in charge of levee construction either for the United States or for the state of Mississippi, or for both.
Acts 2010, No. 734, §3; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:113. Control of drainage channels and outfall canals in levee and drainage districts

RS 38:113 - Control of drainage channels and outfall canals in levee and drainage districts
The various levee and drainage districts shall have control over all public drainage channels or outfall canals within the limits of their districts which are selected by the district, and for a space of one hundred feet on both sides of the banks of such channels or outfall canals, and one hundred feet continuing outward from the mouth of such channels or outfall canals, whether the drainage channels or outfall canals have been improved by the levee or drainage district, or have been adopted without improvement as necessary parts of or extensions to improved drainage channels or outfall canals, and may adopt rules and regulations for preserving the efficiency of the drainage channels or outfall canals.
Acts 1991, No. 309, §2.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:114. Construction of levee across bayou or slough

RS 38:114 - Construction of levee across bayou or slough
Whenever it is necessary to build any public levee and the line of the levee crosses any bayou or slough, the levee shall be so constructed as to have a banquet or berme, against the rear base of the levee, at the crossing of the slough or bayou. The banquet or berme shall be built up to the level of the roadway on each side of the bayou or slough, and shall be twenty feet wide on top.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:115. Removal of works in front of levees

RS 38:115 - Removal of works in front of levees
If any person shall erect any work in front of the levee, on the banks of the Mississippi, out of the limits of New Orleans, either by making a new levee, building houses, sheds, dikes, or keys, so as to impede its navigation, or to encroach on that part of the bank reserved by law for the use of the public, or for roads used for tracking, whether the works or buildings are only commenced or completed, without having applied to the police jury and obtained from them permission, the works shall be destroyed, or removed, if susceptible of removal, to such a distance from the river, as may be required by the ordinance of the police jury; in either case, at the expense of the owner.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:141. Expropriation of land or improvements for drainage canals or projects

RS 38:141 - Expropriation of land or improvements for drainage canals or projects
The several parishes of Louisiana, Orleans Parish excepted, may expropriate land and the improvements thereon, outside of regularly organized and acting levee districts, necessary for the construction of drainage canals or drainage projects with enough of the adjoining property on which to build spoil banks and on which to place the dirt removed from the drainage canals, and any property next to or in the vicinity of the canals or projects necessary for the construction, inspection, repair, and maintenance of the canals or projects.
The parishes may acquire by expropriation, in the same manner now required by existing laws regulating expropriation suits, either a clear title to the land and improvements thereon or any servitude, right, or interest necessary for that purpose.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:142. Drainage of levee and parallel or contiguous road

RS 38:142 - Drainage of levee and parallel or contiguous road
The several parishes shall thoroughly drain all public roads which are parallel or contiguous to any public levee, shall cut across public roads all ditches and drains necessary to effect the complete and perfect drainage of the roads and levees, and shall connect the drains and ditches with those on private property abutting on the road.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:143. Construction and maintenance of back and side levees

RS 38:143 - Construction and maintenance of back and side levees
The parishes subject to tidal overflow may provide by ordinance for the construction, erection, and maintenance of back and side levees to protect any portion of their parishes from tidal overflow and may appoint or cause to be elected commissioners to take charge of and manage the construction and maintenance of the levees. The police juries may fix the termini, bounds, limits, location, and size of the levees, levy a local assessment on the lands within the bounds and limits of the levee or levees for the erection and maintenance of the levees, and provide for the collection of the assessment from the proprietors or owners of the lands benefited by the construction of the levees. The ordinance immediately after its passage, shall be published during sixty days in a newspaper of the parish. The ordinance shall provide for an election and vote on the adoption of the ordinance, sixty days after its passage by the police jury of the parish. At the election only the property taxpayers of the part of the parish embraced within the limits of the projected levee, who are qualified to vote under the election laws of the state shall be allowed to vote. The ordinance shall only have the effect of law, and be operative when the canvassing of the returns of the election by the police jury shall show that the ordinance has been adopted and approved by a majority of the voters at the election, which result shall be duly promulgated by the police jury.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:181. Construction and maintenance of levees; expropriation of lands

RS 38:181 - Construction and maintenance of levees; expropriation of lands
Cities and towns incorporated under the laws of this state may build and maintain levees within the limits of the municipality, or in its immediate vicinity, for protection from overflow or from the high waters of streams affecting them and may expropriate any lands within or without the corporation necessary for construction of levees.
The expropriation proceedings shall be upon due compensation and shall be conducted in accordance with and governed by the provisions of Articles 2626 to 2641 inclusive of the Revised Civil Code of Louisiana.
The right of way over all lands of the state for these purposes is hereby granted when authorized by the governor.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:211. Cutting or destroying levees prohibited

RS 38:211 - Cutting or destroying levees prohibited
No unauthorized person shall wilfully and maliciously cut, alter, break, or destroy in any manner any public or private levee, embankment, floodwall, floodgate, or other flood protective device within a levee district or cause to open when officially closed or cause to close when officially opened, any floodgate, stoplog structure, valve or other flood protective device made for protection from overflow or shall aid and abet any person in so doing.
Whoever violates this Section shall be fined not more than five thousand dollars or imprisoned at hard labor for not more than ten years.
Amended by Acts 1976, No. 137, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:212. Attempt to cut or destroy levee prohibited

RS 38:212 - Attempt to cut or destroy levee prohibited
No person shall wilfully and maliciously attempt to cut, alter, break, or destroy in any manner any public or private levee, embankment, floodwall, floodgate, or other flood protective device within a levee district or cause to open when officially closed or cause to close when officially opened, any floodgate, stoplog structure, valve or other flood protective device made for protection from overflow.
Whoever violates this Section shall be fined not more than three thousand dollars or imprisoned at hard labor for not more than two years.
Amended by Acts 1976, No. 137, §2.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:213. Riding or hauling on levees prohibited

RS 38:213 - Riding or hauling on levees prohibited
A. No person shall ride, drive, or haul upon the public levees or integrated coastal protection projects or their rights-of-way except where, in the judgment of the levee commissioners of a district and the Department of Transportation and Development, or, for levees or integrated coastal protection projects in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, ample provision has been made to guard against any damage to which the levees or integrated coastal protection projects may thereby be exposed from wear, tear, and abuse. Each levee district shall publish guidance, erect signage, and require special permits as they deem appropriate to allow them to make provisions for limited riding, driving, or hauling.
B. Each governing authority is authorized to set the penalty for violation of this Section, provided that the penalty shall not exceed the penalty for criminal trespass, as defined in R.S. 14:63, and the governing authority may seek injunctive relief and collect all expenses incurred as a result of the violation.
C. This Section shall not be construed to restrict the proper officers of the state or of any levee district or parish while in the performance of duty in inspecting, guarding, or repairing the levees or integrated coastal protection projects.
D. Nothing in this Section shall interfere with the crossing over any public levees, at ramps or inclines established under plans and specifications of the Department of Transportation and Development, or, for levees or integrated coastal protection projects in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority. Nothing in this Section shall interfere with the ability of the Coastal Protection and Restoration Authority or the Coastal Protection and Restoration Authority Board to carry out its responsibilities as the local sponsor for all integrated coastal protection projects, in its jurisdiction, pursuant to R.S. 49:214.1(F).
Acts 2010, No. 734, §3; Acts 2011, No. 371, §1; Acts 2012, No. 604, §2, eff. June 7, 2012; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:213.1. Hunting or discharge of firearms, when prohibited

RS 38:213.1 - Hunting or discharge of firearms, when prohibited
A. Hunting or the discharge of firearms on roads or highways located on public levees or within one hundred feet from the center line of such roads or highways is hereby prohibited except by law enforcement officers in discharge of their official duties.
Whoever violates this section shall be fined not more than fifty dollars or imprisoned for more than thirty days or both.
B. In addition to such other law enforcement officers as by law are vested with such authority, the law enforcement officers of the Louisiana Wildlife and Fisheries Commission are authorized to enforce the provisions of this section.
Added by Acts 1968, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:214. Interference with drainage prohibited

RS 38:214 - 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. 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.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:214.1. Prohibiting interference with drainage systems; ordinances authorized

RS 38:214.1 - Prohibiting interference with drainage systems; ordinances authorized
Any governing authority may adopt an ordinance that shall make it unlawful for any person, firm, or corporation owning property within a city or town or any tenant of such property, which abuts a drainage or street ditch, to place or authorize the placement of trash, rubbish, debris, tree or log limbs, scrap material, or any kind of rubble in the drainage ditch or street ditch in front of their property or to, in any manner, obstruct or cause to obstruct the natural flow of runoff waters within the territorial jurisdiction of the governing authority.
Acts 2009, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:215. Obstruction of drainage prohibited

RS 38:215 - Obstruction of drainage prohibited
No person shall wilfully obstruct any natural or artificial drainage canal, creek, bayou, or small river, or any public or private drainage.
Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars and in default of payment of fine and costs shall be imprisoned for not less than thirty days nor more than six months.
Each obstruction shall constitute a separate offense.
Failure on the part of anyone who has felled or cut trees in such manner that the tops obstruct any drainage or has placed any other obstruction in any drainage to remove the obstruction shall constitute prima facie evidence of wilful intent within the meaning of this Section.
The word drainage as used in this Section means any natural drain or any artificial drain which has been used for the purposes of drainage for at least ten years.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:215.1. Public drainage; refusal of access for maintenance purposes; court costs and attorney fees; definitions

RS 38:215.1 - Public drainage; refusal of access for maintenance purposes; court costs and attorney fees; definitions
A. No landowner shall refuse to grant reasonable surface access to any existing natural or artificial public drainage by a local governing authority, drainage district, or other public entity charged with maintaining the public drainage when such access is within the normal course of the entity's duties and written notice has been given to the landowner at least thirty days prior to the commencement of any maintenance activities on the property. The landowner shall also be given an opportunity for a public hearing, held before the municipal drainage authority, parish drainage district, or public works district for the city where the landowner's property is located, subject to the judicial review rights under the Administrative Procedure Act.
B. In any action in a court of competent jurisdiction where the court is required to determine the right of access to the public drainage pursuant to this Section, the prevailing party shall be entitled to an award of court costs and attorney fees incurred by the prevailing party.
C. For purposes of this Section, "public drainage" means any existing natural or artificial drainage ditch, drain, culvert, canal, creek, bayou, or small river.
D. For purposes of this Section, "reasonable surface access" means the utilization of existing ingress and egress points on a landowner's property so as not to disrupt the activities of the landowner or cause damage to the property.
Acts 2014, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:216. Drainage of oil, salt water, etc. into natural drain prohibited; penalties

RS 38:216 - Drainage of oil, salt water, etc. into natural drain prohibited; penalties
A. Except as hereinafter specifically provided or as authorized by Stream Control Commission permit, no person shall knowingly and willfully empty or drain into or permit to be drained from any pumps, reservoir, wells or oil fields into any natural stream or drain from which water is taken for irrigation purposes any oil, salt water or other noxious or poisonous substances or gases which would render the water unfit for irrigation purposes or would destroy the fish therein.
B. The prohibitions of this Chapter, however, shall not prevent:
(1) The discharge or drainage of salt water, brine and chemical salts from industrial, oil or mining operations into those portions of natural streams and drains having water which has a normal salt content of more than 110 grains per gallon, to be determined by the daily average for the preceding ten years, measured at any depth not to exceed 12-1/2 feet or into tributaries of such streams which empty into the portions thereof which are excluded from the effect hereof; such water being hereby recognized as unfit for irrigation.
C. Whoever violates this Section shall be fined not less than one hundred dollars nor more than two thousand dollars or be imprisoned for not less than thirty days nor more than three months. Each and every day that oil, salt water or other such substances are permitted to flow into such natural streams or drains in violation of the provisions of this Section shall constitute a separate offense.
Amended by Acts 1952, No. 203, §1; Acts 1966, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:216.1. Water control structures; unauthorized opening; penalties

RS 38:216.1 - Water control structures; unauthorized opening; penalties
A. No unauthorized person shall willfully open any water control structure which will result in the drainage of saltwater into any natural water body or drain.
B. For purposes of this Section, "water control structure" shall mean a structure in a water management system that conveys water, controls the direction or rate of flow, maintains a desired water surface elevation, or measures water.
C. Whoever violates the provisions of this Section shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned, with or without hard labor, for not more than five years, or both.
D. In addition to the above penalties, any hunting, fishing, or gear license or permit or privilege possessed by the offender may be revoked and the offender may be permanently prohibited from seeking any permit, license, or privilege.
Acts 2012, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:217. Drainage of water into public road prohibited

RS 38:217 - Drainage of water into public road prohibited
No owner or user of water from artesian wells or other artificial sources of water supply shall allow water to flow or drain on any public road or highway.
Whoever violates this Section shall be fined not less than five dollars nor more than twenty-five dollars or imprisoned for not less than five days nor more than thirty days.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:218. Diversion of natural drain prohibited

RS 38:218 - Diversion of natural drain prohibited
A. No person diverting or impeding the course of water from a natural drain shall fail to return the water to its natural course before it leaves his estate without any undue retardation of the flow of water outside of his enclosure thereby injuring an adjacent estate.
B. Upon 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 who is convicted of a violation of this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both.
C. 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 state treasury.
Acts 2010, No. 233, §1; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:219. Obstruction of drainage channels prohibited

RS 38:219 - Obstruction of drainage channels prohibited
No person shall:
(1) Obstruct drainage channels by bridging them except in accordance with plans, specifications and instructions prescribed by the levee or drainage district;
(2) Construct dams, locks, or gates in drainage channels;
(3) Extend fences of wire or any other material across drainage channels;
(4) Establish fording places, water places or approaches for stock across drainage channels;
(5) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the channel;
(6) Drain into channels by natural or artificial inlets except under regulations prescribed by the district;
(7) Float timber in the channels;
(8) Use the channels for transportation or navigation except under authority of and agreement with the levee or drainage districts;
(9) In any manner obstruct drainage channels or violate any of the rules or regulations adopted and promulgated by the levee or drainage districts for preserving and maintaining the efficiency of the drainage channels in their districts.
Whoever violates this Section shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:220. Interference with drainage of roads parallel or contiguous to public levees

RS 38:220 - Interference with drainage of roads parallel or contiguous to public levees
No proprietor, owner, lessee, or possessor of lands abutting upon any public road parallel or contiguous to any public levee shall in any manner close or place any obstruction in the drains or ditches, whether on private property or on the public road or levee adjacent to the road which will in any manner interfere with the effective, thorough, and continuous drainage of the public road or levee.
Whoever violates this Section shall be fined or imprisoned, or both, at the discretion of the court.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:221. Rice-flumes, dahls, or pipes in public levees prohibited

RS 38:221 - Rice-flumes, dahls, or pipes in public levees prohibited
A. No person shall place in, through, or under any public levee any rice-flume, dahl, pipe, or other conduit or, after due notification by the levee board or governing authority of the parish, shall fail to remove from the public levee any rice-flume, dahl, pipe, or other conduit that may at such date exist.
B. Whoever violates this Section shall be fined not more than five hundred dollars or imprisoned for not more than sixty days, or both.
C. For each conviction under this Section the district attorney prosecuting shall receive a fee of fifteen dollars.
D. The provisions of this Section shall not be applicable to levees on the Mississippi River not embraced within the limits of the Fifth Louisiana, the Atchafalaya Basin, the Lafourche Basin, the Grand Prairie, the Buras, and the Orleans Levee Districts.
E. The provisions of this Section shall not apply to pipes or other conduits placed through or under the public levees in New Orleans, or in municipalities or parishes when and where needed for the purpose of sewerage, gas, or for furnishing gas or electricity for the use of the cities, municipalities, or parishes and their inhabitants.
F. The laying of such pipes through or under the public levees in cities, municipalities, or parishes shall be with the consent and approval of the levee board, the Department of Transportation and Development, for levees in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, and the governing authorities of the cities, municipalities, or parishes and under the supervision of the Department of Transportation and Development, or the Coastal Protection and Restoration Authority.
G. This Section shall not apply to locks connecting navigation canals with the Mississippi River.
Acts 2010, No. 734, §3; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:222. Regulations for operation of siphons through levees

RS 38:222 - Regulations for operation of siphons through levees
Any authority granted under the provisions of R.S. 38:221 to operate a siphon over the public levees shall be subject to the following regulations:
1. The location of all siphons shall be at right angles to the axis of the public levee.
2. The levee shall at no place nor in any manner be cut into nor disturbed to fit the placing of any siphon or siphons. This siphon shall be made either to span the levee or in a practicable manner to conform to the prescribed section of the levee.
3. The intake and discharge ends of all siphons shall be located at distances not less than thirty feet on the river side nor sixty feet on the land side from the base of the levee.
4. Both the intake and discharge ends of all siphons shall be so protected as to guard against any local excavation or washout.
5. In the operation of siphons for irrigation or other purposes, no area within one hundred and fifty feet of the base of any public levee on the land side shall at any time be flooded.
6. All areas subject to flooding by siphons or otherwise, shall be provided, by the owners or operators, with low level ditches, located at suitable distances apart to at all times care for the proper drainage of the public levees and highways.
7. No siphon shall be placed over the levees included within the provisions of R.S. 38:221 until permission has been obtained from the board of commissioners of the levee district having jurisdiction over the levees.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:223. Irrigating or flooding land near base of levee prohibited

RS 38:223 - Irrigating or flooding land near base of levee prohibited
No person shall in any manner cover with water for any purpose, on the land side of any public levee or levees, any land situated upon the Mississippi River within a distance of one hundred and fifty feet from the base of any public levee.
All siphons placed over public levees upon lands bordering on the Mississippi River shall be constructed to conform to the shape of the pre-existing levee and shall be made of such length and laid in such manner as to deposit their water at a distance of not less than twenty-seven feet from the base of the public levee so crossed. No public levee shall be cut or otherwise altered for the purpose of admitting the passage or of conforming to the shape of any siphon crossing the levee.
Whoever violates this Section shall be fined not more than one hundred dollars or imprisoned for not more than thirty days or both.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:224. Removal of siphons improperly constructed

RS 38:224 - Removal of siphons improperly constructed
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.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:226. Permits for levee crossings

RS 38:226 - Permits for levee crossings
If an appointed board or commission having jurisdiction over levees receives letters of no objection from the United States Army Corps of Engineers and the Department of Transportation and Development, office of engineering, or, for levees in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, in response to a request to the board or commission for a permit or letter of no objection to a levee crossing or a request to renew or transfer an existing permit, it shall be incumbent upon and a ministerial duty of the executive or administrative officer to issue the requested permit or letter of no objection to the crossing, subject to any conditions or stipulations contained in the letters received from the United States Army Corps of Engineers and the Department of Transportation and Development, office of engineering, or for levees in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority. The board or commission may impose customary fees, bonds, and other general stipulations. The executive or administrative officer shall enforce such permits for levee crossings only to the extent of the conditions and stipulations contained in the permit or letter of no objection.
Acts 2003, No. 462, §1, eff. July 1, 2003; Acts 2010, No. 734, §3; Acts 2012, No. 604, §8; Acts 2012, No. 753, §5; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:302. Commercial lease of lands

RS 38:302 - Commercial lease of lands
The boards of commissioners of the various levee districts may execute commercial leases of not over three years duration, except as provided in R.S. 38:320 on lands respectively owned or which may hereafter be acquired by the levee districts and levee and drainage districts for a cash consideration under the terms and conditions which the boards of commissioners of the levee districts and levee and drainage districts may deem best. The lease shall be subordinate to any lease hereafter made of the lands for oil, gas, or mineral development.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:303. Compromise of claims relating to lands conveyed in error

RS 38:303 - Compromise of claims relating to lands conveyed in error
The governor, the executive counsel, and the attorney general, or any two of them, may settle and compromise with the levee boards and levee and drainage boards of the state and their lessees, or any combination thereof, all matters relating to leases by the levee boards and levee and drainage boards of lands conveyed to them in error under the provisions of the various legislative grants of public lands to the levee boards and levee and drainage boards or all matters relating to all lands so conveyed upon the terms and conditions which the officers may deem to be to the best interests of the state. In connection with any agreement of compromise, the officers may stipulate and agree for the reconveyance of any of the lands to the state, for the payment of royalties and rentals as to any lease involved, for the division of the royalties and rentals between the state and the levee board and levee and drainage board, and for the protection of the rights of the lessee acquired in good faith.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:304.2. Repealed by Acts 2006, 1st Ex. Sess., No. 1, §4, eff. Jan. 1, 2007.

RS 38:304.2 - Repealed by Acts 2006, 1st Ex. Sess., No. 1, §4, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:304.3. Repealed by Acts 2006, 1st Ex. Sess., No. 1, §4, eff. Jan. 1, 2007.

RS 38:304.3 - Repealed by Acts 2006, 1st Ex. Sess., No. 1, §4, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:305. Employment of attorney

RS 38:305 - Employment of attorney
Except as provided in R.S. 38:330.5, each levee board and levee and drainage board for a levee district or levee and drainage district may employ one or more attorneys to represent it and to offer advice and assistance of a legal nature and one or more engineers. The salary of each attorney shall be determined by the board.
Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2006, 1st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:305.1. Atchafalaya Basin Levee District; employment of attorney

RS 38:305.1 - Atchafalaya Basin Levee District; employment of attorney
Notwithstanding any provisions of law to the contrary, the board of commissioners of the Atchafalaya Basin Levee District may employ one or more attorneys of its choice to represent it; however, such choice shall not be restricted to employment of the third assistant district attorney of the Eighteenth Judicial District of Louisiana.
Acts 1997, No. 110, §2.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:308. Per diem; number of days per diem allowed; travel expenses; salary

RS 38:308 - Per diem; number of days per diem allowed; travel expenses; salary
A. Any other provision of law to the contrary notwithstanding, particularly any special provisions in this Title relative to each levee district and levee and drainage district in the state, any board of commissioners of any levee district and levee and drainage district in this state may by a vote of two-thirds of the total membership of the board fix the per diem of its members; however, the per diem of each member shall not exceed seventy-five percent of the rate allowable for per diem deduction pursuant to 26 U.S.C. 162(h)(1)(B)(ii) during the time such member is in actual attendance upon the board or performing duties authorized by the board. Such per diem shall be payable for thirty-six days per year. During the period of an emergency as declared and determined by the governor, each district or portion of a district which has been declared to be under such an emergency by the governor shall be authorized to hold as many meetings or emergency activities as the board deems necessary and the members shall be paid per diem for such meetings or activities. Each member shall be reimbursed for travel expenses in accordance with state travel regulations as prescribed by the division of administration. In lieu of the per diem provision which is provided for in this Section, a president of any levee board or levee and drainage board may receive a salary if he also acts as administrator for the board. However, in no instance shall his salary exceed the sum of one thousand dollars per month. The per diem, salary, and expenses shall be paid out of the funds of the districts on the warrants of the presidents, duly attested by the secretary of the board.
B. Any salary paid must be submitted for review to the commissioner of administration and the Joint Legislative Committee on the Budget.
C. A board of commissioners of any levee district and levee and drainage district in this state shall provide at least two weeks notice to the public of its intent to vote on whether or not to fix the per diem of its members above seventy-five dollars.
Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2015, No. 423, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:309. Corporate status and powers of boards; domicile; evidence of acts and proceedings; deposit of funds; warrants

RS 38:309 - Corporate status and powers of boards; domicile; evidence of acts and proceedings; deposit of funds; warrants
A. A board of commissioners shall, in addition to the powers herein conferred, be constituted a body politic or a political corporation invested with the powers inherent in corporations.
B. The board may sue and be sued under the style of Board of Commissioners for the respective district. All suits on behalf of the board shall be brought by the president. The board shall at its first regular meeting choose a domicile for the purpose of being sued and keeping its office and archives. Service of process shall be made upon the president or vice president of the board in person.
C. The board may buy, sell, or exchange property, make and execute all contracts, and do and perform all things necessary to carry out the objects of this Chapter, subject to the limitations and duties herein provided. It shall have a corporate seal, and copies of all the regulations and copies of proceedings of the board certified to by its secretary under its corporate seal shall be received in all courts as prima facie evidence of the acts and proceedings of the board.
D. All funds of the board may be deposited with the state treasurer to the credit of the district unless otherwise provided, and all warrants drawn thereon by the president of the board shall specify the indebtedness the warrants are intended to liquidate, in part or in whole, and the funds shall not be drawn from the treasury except on the warrant of the state treasurer as hereinafter provided.
Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1999, No. 731, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:310. Expenses of levee board members as delegates to flood relief conventions; dues

RS 38:310 - Expenses of levee board members as delegates to flood relief conventions; dues
The levee boards may defray the actual, properly-documented expenses of their members and executives when traveling as delegates to conventions and meetings held in relation to flood relief and control. The levee boards may pay the dues in associations or conventions related to flood relief and control.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:311. Expenses of delegates; contribution to interstate and national association

RS 38:311 - Expenses of delegates; contribution to interstate and national association
The boards of commissioners of the levee districts and levee and drainage districts may make appropriations to cover the expenses of delegates to the meetings of the Mississippi River Commission and other interstate and national bodies and contribute funds to the support and maintenance of any interstate and national associations which in the judgment of the levee boards and levee and drainage boards may seem most expedient for advancing the levee interests. No board of commissioners shall appropriate during any one year for this purpose an amount larger than five thousand dollars.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:312. Notification of owners of oil, gas, or waterlines before construction or removal of levees

RS 38:312 - Notification of owners of oil, gas, or waterlines before construction or removal of levees
Except in cases of immediate emergency due to caving river banks, a breach, or an approaching breach of the maintaining line of the public levee, whenever any new levee is to be built or any old levee is to be moved in any levee district or levee and drainage district and the new levee to be constructed or old levee to be moved shall cross or be built along or upon any oil, gas, or water pipeline, the board of commissioners of the levee district or levee and drainage district building the levee or moving the old levee shall notify the owners of the oil, gas, or waterlines at least thirty days prior to beginning the new levee construction or work of removal in order to enable the owners to move their pipelines.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:314. Issuance of bonds

RS 38:314 - Issuance of bonds
The boards of commissioners of the various levee districts and levee and drainage districts may incur indebtedness and issue bonds and certificates of indebtedness in accordance with law.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:315. Dedication of artificial waterways as public navigable waterways; approval

RS 38:315 - Dedication of artificial waterways as public navigable waterways; approval
Wherever there presently exists or may hereafter be created within the territorial limits of any levee district or levee and drainage district in the state of Louisiana, except in the parish of Orleans, any canal or other artificial waterway created by any levee district or levee and drainage district for the purpose of constructing a levee or other public work and where said canal or other artificial waterway is navigable in fact and connects with or enters into any lake, river, stream, bayou, or other navigable waters, the governing authority of said levee district or levee and drainage district shall have the authority, with the approval of the office of engineering of the Department of Transportation and Development or the Coastal Protection and Restoration Authority Board, if the area is located within the coastal area, as defined in R.S. 49:214.2, and involves integrated coastal protection, as defined in R.S. 49:214.2, and with the concurrence of the United States district engineer, to dedicate and declare the canal or other artificial waterway, in whole or in part, as a waterway subject to the free and unrestricted navigation by the public; however, nothing herein shall be construed as authorizing the taking of private property, except as now provided by the constitution and laws of this state.
Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2012, No. 753, §5; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:316. Ratification of prior proceedings

RS 38:316 - Ratification of prior proceedings
Any proceedings taken by the governing authority of any levee district or levee and drainage district in conformity with the requirements set forth in R.S. 38:315 prior to August 1, 1985, are hereby approved, ratified, and confirmed.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:317. Acquisitive prescription shall not run against levee districts

RS 38:317 - Acquisitive prescription shall not run against levee districts
The prescription by which the ownership of property is acquired as defined by Article 3446 of the Louisiana Civil Code shall not run against any levee district or levee and drainage district or against the board of commissioners of any levee district or levee and drainage district.
Acts 1985, No. 785, §1, eff. July 22, 1985.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:318. Chart of accounts and annual budget

RS 38:318 - Chart of accounts and annual budget
A. The legislative auditor shall develop a uniform chart of accounts to be used by levee districts for recording all financial transactions. The legislative auditor shall submit the proposed chart of accounts to the Joint Legislative Committee on the Budget for its approval. Any changes to the approved chart of accounts shall be made in accordance with procedures contained in this Subsection.
B. Notwithstanding any other provisions of the law to the contrary, particularly any special provisions of this Title relative to any levee district or levee and drainage district, each levee district and levee and drainage district in this state shall submit to the Joint Legislative Committee on the Budget, no later than ninety days prior to the end of each fiscal year, an annual budget for the succeeding fiscal year for review. The Joint Legislative Committee on the Budget shall prescribe the forms and format to be used for compliance with this Subsection.
Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1999, No. 775, §1, eff. July 2, 1999.