HLS 14RS-151 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 782
BY REPRESENTATIVE THOMPSON
WATER/RESOURCES: Deposits proceeds collected by the state from the use or
wirthdrawal of surface water into the Aquatic Plant Control Fund for aquatic weed
control and eradication
AN ACT1
To amend and reenact R.S. 30:961(B) and R.S. 56:10.1(B) and to enact R.S. 30:961(J) and2
(K), relative to the proceeds of surface water owned by the state; to provide for3
reimbursement to the state for withdrawal and use of water from certain bodies of4
water; to provide for the deposit of monies collected by the state from the withdrawal5
or use of surface water; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:961(B) is hereby amended and reenacted to read as follows and8
R.S. 30:961(J) and (K) are hereby enacted to read as follows:9
§961. Cooperative endeavor agreements; withdrawal of surface water; intent10
* * *11
B. No agency or subdivision of the state otherwise authorized to enter into12
a cooperative endeavor agreement to withdraw running surface water, or assignment13
of such shall do so unless the said agreement is in writing, provides for fair market14
value to the state, is in the public interest, and is contained on an uniform form15
developed and prescribed by the State Mineral and Energy Board and approved by16
the attorney general. Fair Except when water is withdrawn from bodies of water17
managed by the Department of Wildlife and Fisheries and determined by the office18
of fisheries to be negatively impacted by invasive aquatic vegetation, fair market19
value to the state shall include, but not be limited to, the economic development,20 HLS 14RS-151 ORIGINAL
HB NO. 782
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
employment, and increased tax revenues created by the activities associated with the1
withdrawal of running surface water. No such cooperative endeavor agreement to2
withdraw running surface water shall be valid unless and until such agreement is3
approved by the secretary following the submission of an application for approval,4
which the secretary shall develop and prescribe. The secretary shall conduct the5
evaluation provided for in Subsection D of this Section and take action on the6
application within sixty days of the application being deemed complete. If the7
secretary denies the application, the secretary shall provide written reasons for the8
denial at the time of the denial.9
* * *10
J. The state shall be reimbursed at fair market value for all use or withdrawal11
of running surface water from bodies of water managed by the Department of12
Wildlife and Fisheries and determined by the office of fisheries to be negatively13
impacted by invasive aquatic vegetation. Fair market value as used in this14
Subsection shall be dollars per volume of water, and shall not include the economic15
development, employment, and increased tax revenues created by the activities16
associated with the withdrawal of running surface water.17
K. All monies collected by the state pursuant to this Chapter as a result of18
the use or withdrawal of surface water shall be deposited into the Aquatic Plant19
Control Fund as established in R.S. 56:10.1, and shall be used for the treatment of20
aquatic weed, preferably on the body of water from which revenues were generated.21
Section 2. R.S. 56:10.1(B) is hereby amended and reenacted to read as follows:22
§10.1. Aquatic Plant Control Fund; creation; uses23
* * *24
B. After compliance with the requirements of Article VII, Section 9(B) of25
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,26
and after a sufficient amount is allocated from that fund to pay all of the obligations27
secured by the full faith and credit of the state which become due and payable within28
any fiscal year, the treasurer shall pay into the Aquatic Plant Control Fund an amount29 HLS 14RS-151 ORIGINAL
HB NO. 782
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
equal to the monies received by the state treasury pursuant to the provisions of R.S.1
47:462(B)(2)(c) and R.S. 30:961(K). The monies in this fund shall be used solely2
as provided in Subsection C of this Section and only in the amount appropriated by3
the legislature. All unexpended and unencumbered monies remaining in this fund4
at the end of the fiscal year shall remain in the fund. The monies in the fund shall5
be invested by the state treasurer in the same manner as monies in the state general6
fund and all returns of such investment shall be deposited to the fund.7
* * *8
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)]
Thompson HB No. 782
Abstract: Provides that monies collected by the state from the use or withdrawal of surface
water owned by the state shall be deposited into the Aquatic Plant Control Fund to
be used for the control and eradication of aquatic weed in Louisiana's water bodies.
Present law authorizes the Department of Natural Resources to collect monies from entities
that use or remove surface waters of the state. Present law allows entities who withdraw
water from the state to reimburse the state at a fair market value that includes certain
economic considerations. Proposed law requires that entities who remove water from
bodies, determined by the Department of Wildlife and Fisheries to be negatively impacted
by invasive aquatic vegetation, to reimburse the state at fair market value with no
consideration for economic development or other considerations as provided in present law.
Present law establishes the Aquatic Plant Control Fund and deposits into the fund monies
from boat trailer registration fees. Present law further provides that monies in the fund shall
be used to control and eradicate aquatic weeds. Proposed law retains present law and further
deposits monies collected from the use or withdrawal of surface water owned by the state
into the Aquatic Plant Control Fund. Proposed law further provides that revenues deposited
into the fund from the use of water from bodies with aquatic weed should be used preferably
in the treatment of aquatic weed on those bodies of water from which the revenue was
generated.
(Amends R.S. 30:961(B) and R.S. 56:10.1(B); Adds R.S. 30:691(J) and (K))