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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 123
BY REPRESENTATIVE THIBAUT
A CONCURRENT RESOLUTI ON
To establish the False River Watershed Council and to provide for its membership and
responsibilities.
WHEREAS, False River, an oxbow lake formed from a bend in the Mississippi
River, is located in Pointe Coupee Parish; and
WHEREAS, False River, a lake well known for its natural scenic beauty and for the
fact that it is an important natural resource that supports an abundance of recreational
activities, including fishing, swimming, waterskiing, boating, birding, and waterfowl
hunting; and
WHEREAS, these scenic and recreational opportunities are critical components
necessary to the economic well-being of the region surrounding the lake and, indeed, to the
state as a whole; and
WHEREAS, Article IX, Section 1 of the Constitution of Louisiana declares that the
"natural resources of the state, including … water … shall be protected, conserved, and
replenished insofar as possible and consistent with the health, safety, and welfare of the
people. The Legislature shall enact laws to implement this policy"; and
WHEREAS, the aquatic habitat of False River has been in a state of decline due to
a variety of causes, including increased runoff from the development of the surrounding
land, shoreline modifications and development, and the sediment and nutrient content of
runoff from agricultural development, runoff that at its peak resulted in tens of thousand tons
of silt being deposited annually into the lake; and
WHEREAS, these causes have negatively impacted and may continue to threaten and
degrade the value of the lake as a valuable resource for wildlife habitat and as a source of
economic activity that stimulates the surrounding area and should allow for the increased
enjoyment of the lake; and ENROLLEDHCR NO. 123
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WHEREAS, in an effort to address these issues, in 2001, the United States Army
Corps of Engineers began the "False River Aquatic Resources Ecosystem Restoration
Project" which ". . . would enhance and restore the False River ecosystem by enhancing
fisheries and wildlife habitat, addressing sedimentation and associated water quality issues
in False River. . ."; and
WHEREAS, although it began in 2001 with an allocation of ten thousand dollars
which resulted in the Project Restoration Plan being completed and submitted to the Corps'
Mississippi Valley Division for approval in August 2002, the required preliminary
ecosystem study by the Corps went unfunded from 2003 through 2009 and therefore is
currently stalled; and
WHEREAS, the Corps in 2011, announced that they had been notified in December
2010, of an allocation of four hundred thousand dollars for the project, an amount that
represents the total sum necessary to complete only the preliminary ecosystem study for the
False River Ecosystem Restoration Project; and
WHEREAS, although the Corps had announced that they were on schedule to release
the final report in February 2012, a deadline that has passed with no report and, for lack of
any further funding, the Corps has once again postponed the release of the results of the
Project Restoration Plan; and
WHEREAS, any further action by the Corps will necessitate adequate funding to
complete the study and implement the remedial action but, at the current time, there is no
indication of when that funding might be forthcoming and available for these purposes; and
WHEREAS, the citizens of Louisiana deserve to have a restored and sustainable
False River and an essential step in that process is development and agreement on a
practicable plan with achievable goals and measurable milestones of achievement for how
best to restore and sustain the lake, along with an estimation of cost for those restoration
efforts; and
WHEREAS, it is essential to conduct a careful and deliberate scientific study to
develop a sound and lasting solution to the deterioration of the quality of the False River
watershed, it is also essential that action based on the recommendations developed in this
study be implemented as expeditiously as possible in order to preserve, protect, and enhance
these resources now and for generations to come; and ENROLLEDHCR NO. 123
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WHEREAS, there are several state and local agencies, including the Department of
Agriculture and Forestry, the Department of Environmental Quality, the Department of
Health and Hospitals, and the Department of Wildlife and Fisheries, with expertise,
knowledge, and resources essential to identify and evaluate the problems present in the False
River watershed, the Department of Natural Resources and the Pointe Coupee Parish Police
Jury have been designated as the local sponsors for the "False River Aquatic Resources
Ecosystem Restoration Project"; and
WHEREAS, it is important that the designated local sponsors of the Corps project
bring together all the appropriate state and local governments together with all the various
stakeholders interested in the restoration of False River to identify the problems, determine
solutions, and implement remedies to restore, preserve, and enhance the health and
sustainability of the False River watershed; and
WHEREAS, to achieve the goal of a restored False River Watershed as quickly and
completely as possible, it is necessary to bring together the various government interests, as
well as nongovernmental stakeholder organizations who possess specialized knowledge or
whose members represent resource users in the False River watershed.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
create the False River Watershed Council, whose membership shall be as follows:
(1)The commissioner of the Department of Agriculture and Forestry or his
designee within the department.
(2)The secretary of the Department of Environmental Quality or his designee
within the department.
(3)The secretary of the Department of Health and Hospitals or his designee
within the department.
(4)The secretary of the Department of Natural Resources or his designee within
the department, who will serve as vice chair of the council.
(5)The secretary of the Department of Wildlife and Fisheries or his designee
within the department, whom shall serve as chair of the council.
(6)The state senator from Senate District 17.
(7)The state representative from House District 18.
(8)Two members to be selected by the senator from Senate District 17. ENROLLEDHCR NO. 123
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(9)Two members appointed by the representative from House District 18.
(10)Two members appointed by the Pointe Coupee Parish Police Jury.
(11)One member appointed by the Pointe Coupee Parish Sheriff.
(12)One member appointed by the mayor of the city of New Roads.
BE IT FURTHER RESOLVED that the members of the False River Watershed
Council shall not be entitled to receive any salary, per diem, expenses, mileage, or other
emollients of the office for their service on this commission, outside of any that they may
be entitled to by virtue of their service in another public office.
BE IT FURTHER RESOLVED that the council shall, at the proper time, contact the
following federal resource agencies to solicit their views and input with respect to
completing the study requested by this Resolution:
(1)United States Army Corps of Engineers.
(2)United States Fish and Wildlife Service.
(3)United States Geological Survey.
(4)National Resources Conservation Service.
(5)United States Department of Agriculture.
(6)National Oceanographic and Atmospheric Administration.
(7)United States Environmental Protection Agency.
BE IT FURTHER RESOLVED that the members of the False River Watershed
Council shall meet as often as necessary to deliberate and produce a report that will identify,
review, and evaluate management strategies to facilitate the goal of improving the aquatic
habitat of False River; to provide recommendations for the optimal management and
protection of the resources within the False River watershed, including but not limited to the
following: the study of impacts and potential impacts to water quality, excess nutrient and
sediment run-off management, shoreline modification management, watershed conservation
measures, and innovative habitat restoration methodology; coordination of federal, state, and
local efforts to improve and protect water quality; surface water resource management and
protection policies; recommendations for the optimal management and protection of the
natural resources in the False River watershed; identification of various funding options for
ongoing maintenance of the False River watershed; recommended changes to current ENROLLEDHCR NO. 123
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procedures and practices to make the management and protection of the natural resources
in the False River watershed more efficient, comprehensive, and sustainable.
BE IT FURTHER RESOLVED that the report shall be submitted to the House
Committee on Natural Resources and Environment and the Senate Committee on
Environmental Quality no later than May 1, 2013, and that unless the False River Watershed
Council is extended by further action of the Louisiana Legislature, it shall cease to exist
January 11, 2016.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Pointe Coupee Parish Police Jury, the commissioner of agriculture, the secretary of the
Department of Environmental Quality, the secretary of the Department of Health and
Hospitals, the secretary of the Department of Natural Resources, and the secretary of the
Department of Wildlife and Fisheries.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE