HLS 12RS-659 ENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 413
BY REPRESENTATIVE HARRISON
WATER/DRINKING WATER: Authorizes the Office of Coastal Protection and
Restoration to assist the Bayou Lafourche Fresh Water District and gives the district
authority over activities on the banks of Bayou Lafourche
AN ACT1
To amend and reenact R.S. 38:3086.24(H)(1) and 3086.26 and to enact R.S. 38:3086.24(L),2
relative to the Bayou Lafourche Fresh Water District; to authorize the board of such3
district to control and regulate the activities on the banks of Bayou Lafourche; to4
authorize the Coastal Protection and Restoration Authority to assist the district; to5
authorize the board to contract for services related to integrated coastal protection;6
and to provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 38:3086.24(H)(1) and 3086.26 are hereby amended and reenacted12
and R.S. 38:3086.24(L) is hereby enacted to read as follows:13
§3086.24. Powers14
* * *15
H.(1) The board shall have full power and authority to cooperate and16
contract with the United States government, or any of its agencies, the state of17
Louisiana, or any of its departments, agencies, commissions, districts, or other18
political subdivisions, or with any person, firm, partnership, or corporation, with the19 HLS 12RS-659 ENGROSSED
HB NO. 413
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view of accomplishing the construction, maintenance, and operation of pumping1
facilities and appurtenant pipeline facilities, the purpose of which would be to2
provide fresh water for said Bayou Lafourche. In the event that such pumping3
facilities and appurtenant pipeline facilities are constructed, erected, or installed by4
the state of Louisiana, the office of public works of the Department of Transportation5
and Development, state of Louisiana, the Coastal Protection and Restoration6
Authority, the board of commissioners for the Lafourche Basin Levee District, the7
board of commissioners for the Atchafalaya Basin Levee District, the board of8
commissioners for the Lafourche Parish Water District No. 1 or other local interests,9
and the board of commissioners for the Bayou Lafourche Freshwater District, or any10
of them, it shall be the obligation of the board of commissioners for the Bayou11
Lafourche Fresh Water District, and the board is hereby authorized and directed to12
operate and maintain such pumping and pipeline facilities so as to provide an13
adequate supply of fresh water in Bayou Lafourche.14
* * *15
L.(1) With the approval of the Coastal Protection and Restoration Authority,16
the board of commissioners, in addition to any other powers and duties provided by17
law, may establish on its own behalf or for the areas under its authority, particularly18
but not limited to the banks of Bayou Lafourche, water resources development and19
integrated coastal protection, including but not limited to the studying, engineering,20
designing, planning, maintenance, operation, and construction of erosion control21
measures, marsh management, coastal restoration, reservoirs, diversion canals,22
gravity and pump drainage systems, and other works as such activities, facilities, and23
improvements relate to integrated coastal protection, conservation, water resources24
development, and saltwater intrusion. To that end and only upon approval of the25
Coastal Protection and Restoration Authority, the board of commissioners may26
regulate the location, construction, or use of any building or structure within the27
district, where such building or structure threatens to interfere with water resources28
development and integrated coastal protection.29 HLS 12RS-659 ENGROSSED
HB NO. 413
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(2) The board of commissioners may enter into contracts or other1
agreements, including cooperative endeavor agreements, with any public or private2
person or persons, corporation, association, or other entity, including the Coastal3
Protection and Restoration Authority, the state, and other agencies thereof, public4
corporations, port authorities, levee districts, parishes, other political subdivisions,5
or the United States government or agencies thereof, or any combination thereof, or6
with the instrumentalities of any kind to provide water resources development and7
integrated coastal protection, and to this end, may contract for the acceptance of any8
grant of money upon the terms and conditions, including any requirement of9
matching the grants in whole or in part, which may be necessary.10
* * *11
§3086.26. Engineering services by Department of Transportation and Development12
Coastal Protection and Restoration Authority13
The Department of Transportation and Development Coastal Protection and14
Restoration Authority is authorized and directed to provide such engineering15
assistance, advice, and supervision and shall provide such requests, investigations,16
surveys, plans, and specifications as said board of commissioners may require. It17
shall be the duty of the Department of Transportation and Development Coastal18
Protection and Restoration Authority to provide an appropriate representative to19
attend meetings of the board of commissioners when such attendance is requested20
by the board. The board of commissioners may hire employees and fix their21
compensation and terms of employment as the board may determine to be necessary22
in order to carry out the purposes of this Part.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 413
Abstract: Provides relative to the Bayou Lafourche Fresh Water District authority over
activities on the banks of Bayou Lafourche and authorizes the board to contract for
services related to integrated coastal protection. HLS 12RS-659 ENGROSSED
HB NO. 413
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are additions.
Present law creates the Bayou Lafourche Fresh Water District and board of commissioners
and provides for their powers, duties, functions, and responsibilities. Authorizes the board
to cooperate with federal, state, and local governmental entities in order to provide fresh
water for Bayou Lafourche. Provides that if pumping or pipeline facilities are built by
DOTD, a levee district or a freshwater district, for the Bayou Lafourche, the board of the
district shall operate and maintain such pumping or pipeline facilities.
Proposed law includes the Coastal Protection and Restoration Authority in the list of entities
for which the district shall maintain and operate pumping or pipeline facilities.
Proposed law, with respect to the Bayou Lafourche Fresh Water District, with the approval
of the Coastal Restoration and Protection Authority, authorizes the board to establish water
resources development and integrated coastal protection activities within its jurisdiction and
authorizes the board to regulate the location, construction, or use of any building or structure
within the district where such structure or building may interfere with water resources
development or integrated coastal protection.
Proposed law further authorizes the board to enter into contracts or agreements with any
entity, public or private, to provide water resources development and integrated coastal
protection.
Present law authorizes DOTD to provide engineering assistance to the board. Proposed law
changes DOTD to the Coastal Protection and Restoration Authority.
(Amends R.S. 38:3086.24(H)(1) and 3086.26; Adds R.S. 38:3086.24(L))