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ACT No. 556
Regular Session, 2014
HOUSE BILL NO. 782
BY REPRESENTATIVE THOMPSON
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
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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 a 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 Fair Except when water is withdrawn from bodies of water17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
employment, and increased tax revenues created by the activities associated with the21
withdrawal of running surface water. No such cooperative endeavor agreement to22
withdraw running surface water shall be valid unless and until such agreement is23
approved by the secretary following the submission of an application for approval,24 ENROLLEDHB NO. 782
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which the secretary shall develop and prescribe. The secretary shall conduct the1
evaluation provided for in Subsection D of this Section and take action on the2
application within sixty days of the application being deemed complete. If the3
secretary denies the application, the secretary shall provide written reasons for the4
denial at the time of the denial.5
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J. The state shall be reimbursed at fair market value for all use or withdrawal7
of running surface water from bodies of water managed by the Department of8
Wildlife and Fisheries and determined by the office of fisheries to be negatively9
impacted by invasive aquatic vegetation. Fair market value as used in this10
Subsection shall be at a rate of not more than fifteen cents per thousand gallons, and11
shall not include the economic development, employment, and increased tax12
revenues created by the activities associated with the withdrawal of running surface13
water.14
K. All monies collected by the state pursuant to this Chapter as a result of15
the use or withdrawal of surface water shall be deposited into the Aquatic Plant16
Control Fund as established in R.S. 56:10.1, and shall be used for the treatment of17
aquatic weed, preferably on the body of water from which revenues were generated.18
Section 2. R.S. 56:10.1(B) is hereby amended and reenacted to read as follows:19
§10.1. Aquatic Plant Control Fund; creation; uses20
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B. After compliance with the requirements of Article VII, Section 9(B) of22
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,23
and after a sufficient amount is allocated from that fund to pay all of the obligations24
secured by the full faith and credit of the state which become due and payable within25
any fiscal year, the treasurer shall pay into the Aquatic Plant Control Fund an amount26
equal to the monies received by the state treasury pursuant to the provisions of R.S.27
47:462(B)(2)(c) and R.S. 30:961(K). The monies in this fund shall be used solely28
as provided in Subsection C of this Section and only in the amount appropriated by29
the legislature. All unexpended and unencumbered monies remaining in this fund30 ENROLLEDHB NO. 782
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at the end of the fiscal year shall remain in the fund. The monies in the fund shall1
be invested by the state treasurer in the same manner as monies in the state general2
fund and all returns of such investment shall be deposited to the fund.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: