The original instrument was prepared by Alan Miller. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Thomas L.
Tyler.
DIGEST
SB 415 Reengrossed 2016 Regular Session Gatti
Proposed law creates the Lake Bistineau Recreation and Water Conservation District as a political
subdivision of the state for the purpose of the preservation, promotion, and development of the
wealth and natural resources of the district by the conservation of the soil and water of Lake
Bistineau for agricultural, recreational, commercial, and sanitary purposes and by the regulation of
aquatic plant growth.
Proposed law creates a board of commissioners to manage the district consisting of fifteen
commissioners, each of whom must be a qualified elector of Bienville, Bossier, or Webster Parishes
or own land in the district who are elected as follows:
(1)Five members elected at-large from Ward 4, Precinct 4 in Bienville Parish.
(2)Five members elected at-large from Ward 4, Precinct 9 in Bossier Parish.
(3)Five members elected at-large from precincts 39, 40, and 41 in Webster Parish.
Proposed law provides for powers and duties of the district. Provides that the district have control
over the supply of fresh water from Lake Bistineau in conjunction with the parish governing
authorities of the district, including the authority to sell water for irrigation, municipal, and industrial
uses both within and outside the district. Provides that the district has no authority to regulate or
control the use by any municipality, district, or other person of the water which was being made on
August 1, 2016, including no authority to charge or collect any fee or charge for such use. Proposed
law requires that if the district sells water after August 1, 2016, the proceeds be disbursed 25% to
the commission, and 25% each to the police juries of the parishes of Bienville, Bossier, and Webster.
Further requires an affirmative majority vote of each police jury and the commission, if the district
seeks to sell water to a public entity.
Proposed law authorizes the board of commissioners to do and perform all things necessary to fulfil
the purposes for which the district is created and specifically includes salvinia eradication.
Proposed law authorizes the board of commissioners, in conjunction with the parish governing
authorities, to make and enforce such rules and regulations deemed necessary including enforcement
upon Lake Bistineau that are not regulated by the Louisiana Wildlife and Fisheries Commission.
Proposed law requires that all powers and duties regarding construction and letting of contracts are
subject to and exercised under the supervisory control of the Department of Transportation and
Development which shall also furnish the district with such engineering services as it shall require. Proposed law authorizes the board of commissioners to create and construct playgrounds, picnic
grounds, grounds for recreation, parks, and any and all other facilities to accommodate the public
and to provide adequate access to the lake, as may, within the opinion of the board, become
necessary. Requires that the board provide for the construction of public access boat ramps to allow
for and maintain public access to Lake Bistineau for recreational purposes.
Proposed law is not to be construed to impede or interfere with the control and supervision of the
wildlife, fisheries, and aquatic life of the state by the Louisiana Wildlife and Fisheries Commission
or the regulatory authority of the Department of Environmental Quality. Requires that the
Department of Wildlife and Fisheries and the Department of Environmental Quality assist the board
in the conduct of its duties and functions, and requires the board to advise and consult with the
departments in matters relating to their respective powers and responsibilities.
Proposed law requires that the Department of Wildlife and Fisheries, the Department of
Environmental Quality, and the Department of Transportation and Development submit quarterly
reports to the board, relative to their responsibilities within the district.
Effective August 1, 2016.
(Adds R.S. 38:3087.361 through 3087.373)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways, and
Public Works to the original bill
1. Removes "or otherwise" from authority of district to acquire property.
2. Removes authority of district to grant franchises to telephone, telegraph, cable, and
electric power companies.
3. Makes technical corrections primarily to correct spelling to "Bistineau" and to
capitalize "Parishes".
Senate Floor Amendments to engrossed bill
1. Removes authority of the district to levy taxes.
2. Provides for election of the membership of the board of commissioners instead of
appointment and deletes provisions for removal of appointed members for unexcused
absences.
3. Removes specific authority for the board to purchase, acquire by donation, hold, sell, and convey property.
4. Provides for authority of the board to recommend lake drawdowns to the La. Wildlife
and Fisheries Commission for biological purposes and aquatic plant control after it
receives a presentation from the Department of Wildlife and Fisheries.
5. Specifically authorizes the board do all things necessary including salvinia
eradication.
6. Removes provisions allowing the board to incur debt, issue certificates of
indebtedness and issue bonds.
7. Removes authority for the board to levy and collect a parcel fee.
8. Removes authority for the board to levy and collect a vessel fee on vessels operating
within the district.
9. Removes authority for the board to prescribe the manner of building bridges, piers,
boathouses, seawalls, roads, fences, including those to control livestock, or other
works in, along, or across any channel or extending into the lake.
10.Removes authority for the board to prescribe the manner in which natural or artificial
drains, ditches, sewers, pipelines, other works shall be adjusted to or connected with
the works of the district or in any watercourse and the manner in which watercourses
may be used for sewer outlets for disposal of waste. Removes authority to regulate
the discharge into sewers of any liquid or solid waste detrimental to the works or
improvements of the district.
11.Removes provisions regarding constructions which would impede the flow of water
in the lake and penalties for violations.
12.Removes authority of the board as to mineral rights and mineral leases.
13.Removes authority of the board as to regulation of commercial establishments in the
district.
14.Adds requirement for quarterly reports to the board from the Department of Wildlife
and Fisheries, the Department of Environmental Quality, and the Department of
Transportation and Development.