"The best way to assure that water decisions are responsive to people's concerns is to assure that decision-making remains as close as possible to the people at a level that it can be effective in implementing the decisions."
   NY Times February 10, 2003

SURFACE WATER BILLS BEFORE THE 2005 LOUISIANA LEGISLATURE

CONTENTS:

Introduction

Background

Some Questions

Brief Summary of Bills

Longer Summary of Bills, & Claiborne Parish Watershed District Enabling Statutes, For Comparisions

Introduction

Bills before the 2005 legislature may help shape surface water management in Louisiana, which may eventually affect a parish’s control of its natural resources. I’ve condensed some information here for your consideration. I (alice.stewart@att.net) will appreciate corrections of misinformation, omissions, or interpretations. Very brief summaries of bills are provided in the right column of this page.

For more details that allow comparisons go to: Summary of Bills & Claiborne Parish Watershed District, Organized for Comparisions. The entire bills may be obtained through the 'Search' at http://www.legis.state.la.us/.

A discussion of evolving Louisiana Water Law may be found at: http://claibornewatershed.home.att.net/5waterlawpolicy/law.htm.

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BACKGROUND

Ground Water Management: Where We Are

Being cautious about who’s empowered by water rights, citizens have delayed statewide comprehensive water management. But worsening ground water depletion led in 2003 to the creation of statewide ground water management. The Ground Water Resources Act placed control under DNR's Office of Conservation (OC). Within limitations, OC may now determine critical ground water areas and regulate wells.  It is also empowered to continue to develop the statewide ground water management program with consideration of surface water delivery and other alternatives. OC is currently advised by a 49 member Task Force.  It will establish five regional boards, which by current law are to be purely advisory with no obligation for OC response. Public hearings are required for some controls, but there appears to be no provision for local input about ground water resources within the organization structure. At its website, OC’s Ground Water Division promises public hearings and consultations with local governments. Its director, Mr. Duplechin, has attended meetings of the Sparta Groundwater Conservation District and in different parishes to exchange information and has presided over public hearings in parishes affected by ground water resource decisions the OC is considering.

Surface Water Management: Where We are Headed

In the absence of statewide policy, a mix of Watershed District-like authorities is rapidly emerging. The districts have either lake-confined, parish-wide, or multi-parish powers. In some cases, the powers seem to overlap with those of other authorities. The districts are either a state agency or a political subdivision of the state.

While providing fertile ground for testing different management models, this mix of authorities, existing side by side, is probably inefficient and may be an impediment to the interparish cooperation that is necessitated by the fact that waters cross political boundaries. Also, provisions for assuring stakeholders, including taxpayers, access to information, input into decision-making, and accountability are confusing. Accountability is critical considering that Watershed Districts have very significant powers, including the right to expropriate land; to generate public funds and contract with private entities to spend those funds; to regulate use of natural resources; and to control water supply, which often affects other parishes. (See ‘Questions A’ below)

The oldest model, I believe, is the watershed district as a political subdivision of the state with parishwide authority. Claiborne Parish Watershed District was one of only two or three watershed districts functioning in the state, when, in 2003, Webster successfully sought a similar district. In 2004, Claiborne’s statutes were revised to incorporate Webster’s more up-to-date language, and other such revisions are being sought this year. Also, measures have been taken to strengthen transparency and accountability. The model leaves decision-making close to the people affected; it provides for effectiveness via state-local co-management (which could be improved if the state becomes serious about this model); and it assures, by state directives, that the interests of neighboring parishes and of the state are considered in decision-making. (See ‘Questions B’ below)

A new model is a political subdivision of the state with regional authority. Currently, there are two bills before the state legislature for a L. Bistineau area district. The Adley bill restricts the district to an area ½ mile from the lake’s shoreline, but the Montgomery bill defines the district as all of Bossier, Webster, and Bienville parishes. Overlapping of the authority's powers with those of other authorities, how parishes within the region may cooperate with those outside, whether one parish may be overruled by others in matters critical to its resources, whether this is the model that best accomodates the  interests of politically powerful urban water users, rural water suppliers, and the state, are all questions for consideration. (See ‘Questions C’ below)

Another model, put forth by legislation to create Lincoln and Jackson Watershed Districts, is a state agency with parishwide authority. This may be considered the only feasible vehicle to accomplish immediately a public-private partnership to build and manage a reservoir, but the ramifications for developing surface water management in Louisiana are puzzling. For example, commissioners are farther removed from the elected officials closest to the people (the police jury) than they are in other models, the composition of the commission is different for different parishes, ten year terms of office create the impression that this is a shortterm model for a specific purpose rather than a model for long term parishwide surface water management, and it is unclear what the long term ramifications may be. Also, provisions for public access to information and input into decision-making are unclear when an EDC is created by a state agency. (See ‘Questions D’ below)

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SOME QUESTIONS:

A. Re: the mix of surface water management authority designs that is rapidly emerging:

1) What happens when powers to manage surface waters and their environs reside within a state agency for some parishes and within a political subdivision of the state for others?

2) What happens to public confidence in government when mechanisms for accountability and public access to decision making are confusing, the more so because they are different for different types of authority that are emerging?

B. Re: Parish management via a political subdivision of the state

What are the limitations of an authority with these features?: Commissioners are appointed by elected officials closest to the people, the police jury. The Open Meetings Law applies. By-laws require notice and hearings for any decision to generate new revenue or to regulate. Districts may cooperate with other such districts around common concerns. The parish districts cooperate with state agencies, making known local needs, bringing into play local resources, responding to state research-based directives, and employing the state’s technical advice and assistance. This leaves decision-making closest to the people affected; it provides for effectiveness via state-local co-management; and it assures, by state directives, that the interests of neighboring parishes and of the state have been considered when decisions are made.

C. Re: Regional management via a political subdivision of the state (Montgomery bill creating L. Bistineau Conservation District)

1) What is the reason (if I interpret correctly) for region-wide powers except for regulatory powers, which are lake-specific?

2) How will this affect Webster Parish Watershed District, which appears to have similar powers?

3) Could Bossier and Bienville overrule Webster relative to a waters located outside those parishes and that have little influence on their waters? How might such an authority, for example, affect cooperative desires of Webster and Claiborne relative to a shared stream?

4) Is this regional authority the decision-maker closest to the people that can be effective in implementing decisions?

5) Would parish-level authorities instead better assure Webster the autonomy to cooperate with Bossier and Bienville on L. Bistineau management and with other parishes on interests that Webster shares with those other parishes?

6) While politically powerful urban water users may favor a regional authority, rural water suppliers may prefer parish-level powers to help assure fair compensation for their resources. How might these different interests best be served, considering, too, the importance of rural development to the state?

D. Re: Parish management via a state agency governed by a board of parish residents (Downs and Fannin bills creating Lincoln and Jackson Watershed Districts)

1) What happens when commissioners are relatively far removed from elected officials closest to the people? (e.g. some Jackson commissions are to be nominated by the private sector.)

2) Can it be an advantage for each parish, as with Lincoln and Jackson, to chose its commission makeup? What conditions must be met for a parish to change the composition of its watershed district commission should it so desire - for example because of changing social, economic, or polical conditions -- and how often may those changes occur?

3) Lincoln’s statutes provide for a 10 year term of office, with a minimum 3 year term during initial staggering of terms. This may assure early stability of the commission, but if this powerful parish authority was created with the short-term in mind, what might be longterm consequences?

4) What are precedents for a state agency creating an economic development corporation( EDC)?

5) An EDC, I believe, is the private branch of a public-private partnership created to generate public funds to distribute to private entities to accomplish a public good. An EDC authorized by a political subdivision of the state is accountable to an authority subject to the Open Meetings Law. What are provisions for public access to information and input into decision-making when an EDC is created by a state agency?

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SUMMARY OF 2005 SURFACE WATER BILLS, FOR COMPARISONS

Adley SB 76 LAKE BISTINEAU WATERSHED DISTRICT ASSIGNED TO LOCAL & MUNICIPAL AFFAIRS COMMITTEE

Status: a political subdivision of the state

Jurisdiction :L. Bistineau and area within 1/2 mile of the lake in Bienville, Webster, & Bossier

Purpose: To develop & protect wealth and natural resources of Lake Bistineau by conserving soil & surface/ groundwater water, for agricultural, recreational, commercial, industrial, and sanitary purposes.

Commission (10 members), 3 P.J appointees from each of the 3 parishes (1 per parish a L. Bistineau resident) and a WLF designee; 4 year term of office; vacancy filled as by original appointment;

Powers: - To acquire property, servitudes, flowage rights, and rights of use;

- To expropriate immovable property only as needed to provide lake access

- To construct & maintain improvements for control, retention, diversion, or utilization of water and cooperate with DOTD and other state agencies in so doing;

- To employ personnel, including enforcement personnel

- To construct playgrounds, parks, and other facilities

- To cooperate and contract with individuals and public and private entities for the sale or use of any waters impounded by the district.

- To grant franchises within district

- To manage and control water levels in Lake Bistineau.

Regulatory Powers:

- To preserve properties controlled by the district and prescribe the manner of their use

- To prescribe the manner of constructions in, along, or across any public water body.

- To implement building restrictions to preserve property values (restrictions for private landowners may not be more strict than district guidelines.

- To regulate commercial business; prescribe use of water supply, issue permits as needed

- To control discharge of sewerage and any waste deemed detrimental to Lake Bistineau.

- To establish no wake zones etc. to set speed limits for watercraft, subject to WLF authority

Other:

- Tax exemption for servitudes or properties acquired by district or DOTD for district use

- Supervision by Department of Transportation and Development re: construction and letting of contracts for construction required to be advertised by R.S. 38:2211 and 2212 and may request advice and assistance of DOTD

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Montgomery HB 357 Creates LAKE BISTINEAU CONSERVATION DISTRICT Assigned to TRANSPORTATION, HIGHWAYS, AND PUBLIC WORKS

Status: a political subdivision of the state

Jurisdiction: all of the territory in Bienville, Webster, and Bossier parishes (What about existing Webster Parish Watershed District?)

Purpose: develop and protect the wealth and natural resources of Lake Bistineau and its environs.

Commission (10), 3 PJ appointees from each of the 3 parishes (1 per parish a L. Bistineau resident) and WLF designee; four-year term, vacancy as by original appointment.

Powers:

-To acquire property, servitudes, flowage rights, and rights-of-use by purchase, lease, donation, or otherwise (expropriating only to provide lake access) for the purpose of the district; negotiate and execute contracts

-To employ personnel; employ and empower wardens to enforce regulations

-To establish and collect user fees.

-To cooperate and contract with persons, firms, associations, partnerships, private corporations, political subdivisions of the state, or other public corporations, and with other local, state, and governmental agencies for the sale or use of any waters impounded by the district.

-To grant utility franchises

-To incur debt in accordance with present law including bonds secured by ad valorem taxes.

Regulatory Powers only re: the lake and within one-half mile of the lake, but see *NOTE below:

-To manage and control water levels in Lake Bistineau.

-To protect properties and prescribe the manner of their public and private use

-To prescribe the manner of construction in, along, or across any public water body.

- To impose building restrictions (permits/fees) to maintain property value, precluding more restrictive private building restrictions

- To regulate commercial establishments and to require and issue permits and charge fees for permits.

-To prescribe permissible uses of the water supply and prevent pollution and waste

-To regulate discharge of sewage or other waste detrimental to the lake.

- To establish no wake zones and otherwise to set speed limits for watercraft, subject to WLF authority.

[*NOTE: Although the provision for above regulations states "A. ...rules and regulations shall have effect only on the lake and within one-half mile of the mean high water mark of the lake," individual regulations refer to the "district," which is all of three parishes, specifically (5) "To regulate commercial establishments...constructed for...making commercial use of water resources of the district or its facilities (permits/fees authority here)" and (6) "To prescribe the permissible uses of the water supply provided by water resources in the district and to prevent the pollution or unnecessary waste of such water supply.]

Other:

-Exemption from taxation

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Downs HB 123 of 2005 Creates the LINCOLN PARISH RESERVOIR AUTHORITY within DOTD: Assigned to TRANSPORTATION, HIGHWAYS, AND PUBLIC WORKS

Status: a state agency & corporate body "to carry out an essential governmental function of the state"

Jurisdiction: all of Lincoln Parish

Purpose:

-To develop the wealth and natural resources of the authority (parish) by conserving soil and water for agricultural, recreational, commercial, industrial, and sanitary purposes;

- To create & maintain lakes and reservoirs

- To engage in economic development.

Commission: seven Lincoln Parish residents appointed by the governor subject to Senate confirmation; four names submitted by L.Parish legislators and three by L. Parish Police Jury; 10-year terms; governor to fill a vacancy; removal of a commissioner by 2/3 vote [Books open for public inspection "at all reasonable times"; does Open Meetings Law apply?]

Powers:

To Create EDC

-To create an economic development corporation;

To Aquire Property

-To purchase, hold, sell, convey, and execute contracts for property for purposes of the authority;

-To acquire rights-of-use by purchase, assignment, expropriation or other for the reservoir, recreational areas, or otherwise. (In provision about expropriated land:" There shall be no drilling on any authority property except for directional drilling.")

-To acquire property for public recreational facilities and lake access, with right of eminent domain.

To Build & Operate

-To lease, build, operate works for its purposes;

- To make improvements (lakes, golf courses, ...); access to improvements; economic development areas, utility and road rights-of-way;

To Generate Revenue, Cooperate, and Contract

-To contract with and accept federal grants and donations;

-To cooperate with state entities via matching funds, participation in federal or state authorized projects, or other;

-To cooperate and contract with public and private organizations in sale and use of its impounded waters

-To incur debts and issue bonds; to grant franchises when construction is within a reservoir or lake

-To sell its impounded waters, for irrigation, municipal, and industrial uses, within and outside its jurisdiction, to benefit the authority;

To Administer

-To employ personnel and contractual services and to establish an office;

Blanket Authority

-To "do all things necessary to fulfill authority purposes"

Regulatory Powers

- To have complete control over fresh water made available by its facilities

- To protect properties controlled by the authority, prescribing their use by public corporations and persons

-To regulate construction in, along, or across any channel or extending into "the reservoir"

- To prescribe how any natural or artificial works shall be adjusted to works of the authority or to any waterways,

- To prescribe permissible uses of the impoundment water supply and prevent its pollution and waste

- To prohibit discharge of any noxious substance into any watercourse within the district and to regulate disposal of sewage or other material deemed detrimental to the works of the authority;

- To impose restrictions on buildings adjacent to improvements of authority, to maintain property values, precluding stricter private restrictions;

-To require commission's approval to build any dam or other construction that might affect "the reservoir"

- To decide fluctuations of water level in "the reservoir"; - To control drainage channels and channels for transportation or commercial navigation;

- To control commercial fishing and set and collect fees;

Other

-Exemption from state, local, and use taxation. -May recommend regulations to WLF, e.g. boat size & type to be permitted

-All construction and letting contracts for construction are subject to control of DOTD, which must provide engineering services and cooperate in construction

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Fannin H.B. 596 of 2005 Creates the JACKSON PARISH DUGDEMONA WATERSHED AUTHORITY within DOTD Assigned to TRANSPORTATION, HIGHWAYS, AND PUBLIC WORKS

Status: a state agency & corporate body “to carry out an essential governmental function of the state” Jurisdiction: the area of Jackson Parish

.(What happens to Jackson Parish and Jackson-Bienville Dugdemona Watershed Disticts?)

Purpose:

-To develop the wealth and natural resources of the authority by conserving soil and water for agricultural, recreational, commercial, industrial, and sanitary purposes;

-To create and maintain lakes and reservoirs

-To engage in economic development;

-To provide a palable water source for use by industries, municipalities, and persons residing in the authority.

Commission (7): Governor-appointed, Senate-confirmed Jackson Parish residents [nominees: 1 by J.P. Pulp and Paper Industry; 1 by J.P. Farm Bureau or farm affiliations, 1 by J.P. Watershed District, 2 by J.P.’s state legislators, 1 by J.P. Rural Municipal Water System, 1 by J.P. Police Jury]; four-year terms; governor fills a vacancy as by original appointment.; removal of a commissioner by 2/3 vote.

Powers

To Create EDC

-To create an economic development corporation;

To Aquire Property

-To purchase, hold, sell, convey, and execute contracts for property for purposes of the authority;

-To acquire rights-of-use by purchase, assignment, expropriation or other for the reservoir, recreational areas, or otherwise. (In expropriation provision:” There shall be (only) directional drilling on any authority property.”)

To acquire property for public recreational facilities and lake access, with right of eminent domain.

To Build & Operate

-To lease, build, operate works for its purposes;

-To make improvements (lakes, golf courses, ...); access to improvements; economic development areas, utility and road rights-of-way;

To Generate Revenue, Cooperate, and Contract

-To contract with and accept federal grants and donations;

-To cooperate with state entities via matching funds, participation in federal or state authorized projects, or other;

-To cooperate and contract with public and private organizations in sale and use of its impounded waters

-To incur debts and issue bonds; to grant franchises when construction is within a reservoir or lake

-To sell its impounded waters, for irrigation, municipal, and industrial uses, within and outside its jurisdiction, to benefit the authority;

To Administer

-To employ personnel and contractual services and to establish an office;

Blanket Authority

-To “do all things necessary to fulfill authority purposes”

Regulatatory Power

-To have complete control over fresh water made available by its facilities

-To protect properties controlled by the authority, prescribing their use by public corporations and persons

-To regulate construction in, along, or across any channel or extending into “the reservoir”

-To prescribe how any natural or artificial works shall be adjusted to works of the authority or to any waterways,

-To prescribe permissible uses of the impoundment water supply and prevent its pollution and waste

-To prohibit discharge of any noxious substance into any watercourse within the district and to regulate disposal of sewage or other material deemed detrimental to the works of the authority;

-To impose restrictions on buildings adjacent to improvements of authority, to maintain property values, precluding stricter private restrictions;

-To require commission’s approval to build any dam or other construction that might affect “the reservoir”

-To decide fluctuations of water level in “the reservoir”;

-To control drainage channels and channels for transportation or commercial navigation;

-To control commercial fishing and set and collect fees;

Other

-Exemption from state, local, and use taxation.

-May recommend regulations to WLF, e.g. boat size & type to be permitted

-All construction and letting contracts for construction are subject to control of DOTD, which must provide engineering services and cooperate in construction

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GALLOT HB 280 relative to CLAIBORNE PARISH WATERSHED DISTRICT Assigned TO HOUSE MUNICIPAL & PAROCHIAL AFFAIRS Proposed law:

- updates reference to state agencies and law (Board of Health now ‘state's Sanitary Code,' ‘DPW' now DOTD, Groundwater Management Authority now Groundwater Resources Dept. within DNR)

- authorizes the board to cooperate with political subdivisions of the state rather than cities.

- retains present law that provides that the board of commissioners shall have the care, management, and control of L. Claiborne and its property and finances. [NOTE: Provisions relative to powers that were once placed under a provision that started with Bayou D'Arbonne language are placed, in proposed law, as separate items under "Powers of the Board"; this makes statutes for Webster and Claiborne districts mostly alike.]

- updates law re: incurring debt and issuing bonds, retaining language of authority but replacing obsolete language related to mechanisms with the words "in accordance with the state law"

- authorizes cooperation with DOTD in the construction of any work the board considers necessary [Note: legislation for other Watershed authorities gives DOTD supervisory authority - an advantage?]

- replaces bidding provision with provision that letting contracts be in accordance with state public contract law,

- deletes present law specifying conditions that are already provided for by state or district law: a) the requirements for special taxes for the payment of principal and interest on bonds b) that 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. c) tax collecting provisions, which are, again, part of state law & standard parish practice.. d) special election provisions, which are established by state law.

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RS 38:2861+ CLAIBORNE PARISH WATERSHED DISTRICT (STATUTE AFTER ABOVE REVISIONS)

Status: political subdivision of state

Jurisdiction: all of Claiborne Parish

Purpose:

- The conservation of soil and water, including surface and ground water, developing the natural resources and wealth of the district for sanitary, agricultural, industrial and recreational purposes, as the same may be conducive to the public health, safety, convenience or welfare or of public utility or benefit

-The creation and maintenance of Lake Claiborne within the said district for the above purpose.

Commission: 7 P.J. appointed residents of the parish, 4 year terms, vacancy filled by P.J; by-laws specify operations; records open to public at all times.. Powers:

To Aquire Property

-To purchase, hold, sell, convey, and execute contracts for property for purposes of the district;

-To acquire rights-of-use by purchase, assignment, expropriation or other for the reservoir, recreational areas, or otherwise. (Received from State titles, servitudes and flowage rights for Lake Claiborne).

-Power of eminent domain; may expropriate property for all its purposes, in accordance with state laws.

-To acquire property for public recreational facilities and lake access.

-To conserve the fresh water supply within district to benefit parish and state residents

To Build & Operate

- To construct, lease, acquire, maintain, and operate dams, reservoirs, and other structures for its purposes

- To construct, improve and maintain works for the control, retention, diversion, or utilization of water and cooperate with DOTD and other state agencies in doing so

To Generate Revenue, Cooperate, and Contract

-To levy taxes, issue bonds, incur debt and contract obligations, grant franchises in accordance with state law

-To cooperate and contract with public and private organizations in sale and use of its impounded waters

- To provide water for commercial, municipal and any other uses, both within and without the district. NOTE: other districts: "To sell its impounded waters, for irrigation, municipal, and industrial uses, within and outside its jurisdiction, to benefit the authority";

- To cooperate with conservation districts, including lake and watershed districts, doing nothing to interfere with previously organized districts.

To Administer

-To employ personnel, including wardens, and contractual services and to establish an office;

Blanket Authority

-To do all things necessary to fulfill authority purposes Regulatory Powers

- To protect properties controlled by the district, prescribing their use by public corporations and persons

-To regulate construction in, along, or across any channel, reservoir, or construction in the district

- To prescribe how any natural or artificial works shall be adjusted to works of the district or to any waterways within the district,

- To prescribe permissible uses of impounded water and prevent its pollution and waste

- To prohibit discharge into district sewers of any waste deemed detrimental to the works of the district;

- To prohibit or regulate discharge from pumps, wells, or reservoirs of substances detrimental to of irrigation purposes and/or to aquatic life from or into any stream in the L. Claiborne watershed;

-To regulate construction and use of constructions around the lake and construction within 1 m. of lake's contour;

-To require commission's approval to build any dam or other construction that might affect L. Claiborne - To control drainage channels and channels for transportation or commercial navigation;

- To control commercial use of the lake and its watershed, and set and collect fees for same;

- To have the care, management and control of Lake Claiborne - To make police regulations for district to preserve peace, prevent injury, and protect public and private property.

- To act to secure the general health of the district (regulate waste disposal, abate nuisances, etc.)

- To regulate activities on public water in the district which are not regulated by WLF or US Army Corps of Eng..

- To manage and control surface and groundwater levels in the district, in the case of groundwater subject to approval by the DNR's Groundwater Resources Dept.. Other -Have DOTD advice and engineering assistance

- L. Claiborne land tax exempt as long as within lake; property acquired becomes state property to benefit district

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Date of latest revision: 4/27/05

Developer of this webpage: Alice Stewart alice.stewart@att.net

UPDATE (May 20, 2004):
Bills have been modified since this page was constructed. However, the issues that they raise -- in terms of responsiveness to the public as control of natural resources evolves in Louisiana-- are as germane as ever.

LETTERS:
Downs (pdf file)
Adley and Montgomery (pdf file)

BRIEF SUMMARY OF BILLS:

Downs’ H.B.123 creates the LINCOLN PARISH RESERVOIR AUTHORITY, and Fannin’s H.B. 596 creates the JACKSON PARISH DUGDEMONA WATERSHED DISTRICT. They are very similar.
-All of parish;
-State agency within DOTD
-Purpose -- to develop natural resources, create lakes and reservoirs, and engage in economic development; Jackson’s purpose is also to provide usable water for industry and municipalities.
-Commission (7)-- Governor appoints [for Lincoln: 4 are nominated by legislators, 3 by police jurors; for Jackson:1 nominee each by J.P. Pulp and Paper Industry, J.P. Farm Bureau or farm affiliations, J.P.Watershed District, J.P. Rural Municipal Water System, J.P. Police Jury, and 2 by state legislators representing J.P.]
-Powers, include expropriation and revenue generation (much like those of Claiborne Parish Watershed District (CPWD) and Webster Parish Watershed District (WPWD) but also to create an economic development corporation; to construct improvements like golf courses, economic development areas, and rights-of-way; to cooperate, contract with and accept assistance from the federal government.
-Regulatory powers are similar to those of CPWD and WPWD but add to control fluctuations of lake level
-Supervisory control by DOTD relative to all construction and letting construction contracts, and DOTD must provide engineering services and cooperate in construction. {WPWD & Adley’s proposed L.Bistineau Watershed District have same wording. In contrast, CPWD shall have the advice DOTD; may request DOTD’s engineering assistance, which DOTD shall provide; and may seek cooperation with DOTD in the construction.)
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Montgomery’s H.B. 357 creates LAKE BISTINEAU CONSERVATION DISTRICT
-All of three parishes (Bossier, Bienville, Webster)
-Political subdivision of the state, like WPWD & CPWD
-Purpose – to develop and protect natural resources of L. Bistineau & its environs (like WPWD)
-Commission (10)--.3 P.J. appointees from each of the 3 parishes and one WLF appointee
-Powers, including revenue generation and property acquisition, are similar to those of WPWD but may expropriate land only to provide lake access
-May cooperate with public and private parties in the use and sale of waters of the district
-Regulatory powers are like those of WPWD but appear to be lake-specific but some powers "for the district" are placed under a provision that begins L. Bistineau, so it’s hard for me to tell.
CPWD statutes had same confusing -- re: lake or district powers -- Gallot's bill seeks to clarify).

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Adley’s S.B.76 creates the LAKE BISTINEAU WATERSHED DISTRICT
-Only L. Bistineau and within ½ mile of the lake within Bossier, Bienville, and Webster
-Political subdivision of the state, like WPWD & CPWD
-Purpose – to develop and protect natural resources of the district, which is only L. Bistineau area
-Commission (10) – 3 P.J. appointees from each of the 3 parishes and one WLF appointee
-Powers – like those of WPWD & CPWD but only for L.Bistineau; also to control lake level
-Regulatory powers – like those of WPWD & CPWD but only for L.Bistineau
-Supervisory control by DOTD relative to all construction and letting construction contracts, and DOTD must provide engineering services and cooperate in construction
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Gallot’s HB 280 revises enabling statutes of the CLAIBORNE PARISH WATERSHED DISTRICT:
- updates reference to state agencies and law (Board of Health now ‘state's Sanitary Code,’ ‘DPW’ now DOTD, Groundwater Management Authority now Groundwater Resources Dept. within DNR).
- authorizes the board to cooperate with political subdivisions of the state rather than cities.
- retains present law that provides that the board of commissioners shall have the care, management, and control of L. Claiborne and its property and finances. [NOTE: Provisions relative to powers that were once placed under a provision that started with Bayou D’Arbonne language are placed, in proposed law, as separate items under "Powers of the Board"; this makes statutes for Webster and Claiborne districts mostly alike.]
- updates law re: incurring debt and issuing bonds, retaining language of authority but replacing obsolete language related to mechanisms with the words "in accordance with the state law"
- authorizes cooperation with DOTD in the construction of any work the board considers necessary [Note: legislation for other Watershed authorities gives DOTD supervisory authority - an advantage?]
- replaces bidding provision with provision that letting contracts be in accordance with state public contract law,
- deletes present law specifying conditions that are already provided for by state or district law:
a) the requirements for special taxes for the payment of principal and interest on bonds
b) that 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.
c) tax collecting provisions, which are, again, part of state law & standard parish practice..
d) special election provisions, which are established by state law.
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