HLS 14RS-999 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 419
BY REPRESENTATIVE MONTOUCET
DISTRICTS/DRAINAGE: Provides relative to access to public drainage for maintenance
purposes
AN ACT1
To enact R.S. 38:215.1, relative to maintenance of public drainage; to prohibit refusal of2
access to public drainage for maintenance purposes; to provide relative to a3
determination of the right of access by a court of competent jurisdiction; to provide4
for an award of court costs and attorney fees; to provide for definitions; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:215.1 is hereby enacted to read as follows: 8
ยง215.1. Public drainage; refusal of access for maintenance purposes; court costs and9
attorney fees; definitions10
A. No person shall refuse to grant access to any existing natural or artificial11
public drainage by a local governing authority, drainage district, or other public12
entity charged with maintaining the public drainage.13
B. In any action in a court of competent jurisdiction where the court is14
required to determine the right of access to the public drainage pursuant to this15
Section, the prevailing party shall be entitled to an award of court costs and attorney16
fees incurred by the prevailing party.17
C. For purposes of this Section, "public drainage" means any existing natural18
or artificial drainage ditch, drain, culvert, canal, creek, bayou, or small river.19 HLS 14RS-999 ORIGINAL
HB NO. 419
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Montoucet HB No. 419
Abstract: Provides that no person shall refuse to grant access to any natural or artificial
public drainage by a local governing authority, drainage district, or other public
entity charged with maintaining the public drainage.
Present law (R.S. 38:214) provides that 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.
Present law (R.S. 38:215) provides that no person shall willfully obstruct any natural or
artificial drainage canal, creek, bayou, or small river, or any public or private drainage.
Proposed law provides that no person shall refuse to grant access to any natural or artificial
public drainage by a local governing authority, drainage district, or other public entity
charged with maintaining the public drainage.
Proposed law provides that in any action in a court of competent jurisdiction where the court
is required to determine the right of access to the public drainage, the prevailing party shall
be entitled to an award of court costs and attorney fees incurred by the prevailing party.
Proposed law defines "public drainage" as any existing natural or artificial drainage ditch,
drain, culvert, canal, creek, bayou, or small river.
(Adds R.S. 38:215.1)