SLS 16RS-137 REENGROSSED
2016 Regular Session
SENATE BILL NO. 415
BY SENATOR GATTI
WATER/WATERWAYS. Creates Lake Bistineau Recreation and Water Conservation
District. (8/1/16)
1 AN ACT
2 To enact Part XXXV of Chapter 13 of Title 38 of the Louisiana Revised Statutes of 1950,
3 to be comprised of R.S. 38:3087.361 through 3087.373, relative to Lake Bistineau
4 in Bienville, Bossier, and Webster Parishes; to create the Lake Bistineau Recreation
5 and Water Conservation District as a political subdivision of the state; to create and
6 provide for a board of commissioners to manage the district; to provide for powers
7 and duties of the district and the board; to authorize the board to promulgate rules
8 and regulations to accomplish the purposes of the district; to provide relative to the
9 duties and powers of the Department of Transportation and Development and the
10 Louisiana Wildlife and Fisheries Commission; to provide for creation and
11 construction of playgrounds and recreational facilities; and to provide for related
12 matters.
13 Notice of intention to introduce this Act has been published.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. Part XXXV of Chapter 13 of Title 38 of the Louisiana Revised Statutes
16 of 1950, to be comprised of R.S. 38:3087.361 through 3087.373 is hereby enacted to read
17 as follows:
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1 PART XXXV. LAKE BISTINEAU RECREATION AND WATER
2 CONSERVATION DISTRICT
3 §3087.361. Creation
4 There is hereby created a recreation and water conservation district to
5 be known as the "Lake Bistineau Recreation and Water Conservation District".
6 §3087.362. Location
7 The district shall be comprised of Ward 4, Precinct 4 in Bienville Parish,
8 Ward 4, Precinct 9 in Bossier Parish, and precincts 39, 40, and 41 in Webster
9 Parish.
10 §3087.363. District as political subdivision and body corporate; purpose and
11 powers
12 A. The district shall be a political subdivision of the state of Louisiana,
13 which shall have for its purpose the preservation, promotion, and development
14 of the wealth and natural resources of the district by the conservation of the soil
15 and water of Lake Bistineau for agricultural, recreational, commercial, and
16 sanitary purposes and by the regulation of aquatic plant growth.
17 B. It shall constitute a body corporate in law with all powers, rights,
18 privileges, and immunities of a corporation. It shall have the power to sue and
19 be sued, to buy and sell, to negotiate and execute contracts, and to incur debts
20 and issue negotiable bonds in payment thereof under and in accordance with
21 law. It shall have the authority to acquire by purchase or donation every type
22 and specie of property, including servitudes and rights-of-use, necessary to its
23 purpose, and to lease, build, operate, and maintain any works or machinery
24 designed to accomplish the purposes of the district.
25 C. It shall have control over the supply of fresh water from Lake
26 Bistineau, in conjunction with the parish governing authorities, which shall be
27 administered for the benefit of the persons residing or owning property within
28 the district, and if it should be for the benefit of the district, it shall have the
29 authority to sell such water for irrigation, municipal, and industrial uses both
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1 within and outside the district. However, the district shall have no authority to
2 regulate or control any use by any municipality, district, or other person of such
3 water supply which use was being made by such municipality, district, or other
4 person on August 1, 2016, including no authority to charge or collect any fee or
5 charge therefor. In the event the district sells water as provided for in this
6 Paragraph, after August 1, 2016, the proceeds shall be disbursed as follows:
7 twenty-five percent to the commission, twenty-five percent to the Bienville
8 Parish Police Jury, twenty-five percent to the Bossier Parish Police Jury, and
9 twenty-five percent to the Webster Parish Police Jury. If the district seeks to
10 sell water to a public entity, it may only do so after an affirmative majority vote
11 of each police jury and the commission.
12 D. The district shall cooperate and contract with the government of the
13 United States or any department or agency thereof and accept grants and
14 donations of property and money therefrom. It shall cooperate with the state of
15 Louisiana or any political subdivision, department, agency, or corporation of
16 the state for the management of the waters of Lake Bistineau and the
17 construction, operation, and maintenance of facilities designed to accomplish
18 the purpose for which the district is created on any basis including the matching
19 of funds and by participating in projects authorized by any federal or state law
20 as it shall see fit.
21 §3087.364. Board of commissioners, election; tenure; vacancies; removal of
22 members; compensation; domicile
23 A. The district shall be governed and controlled by a board of fifteen
24 commissioners, each of whom shall be a qualified elector of Bienville, Bossier,
25 or Webster Parishes, or a landowner of the district.
26 B.(1) The members of the board of commissioners shall be elected as
27 follows:
28 (a) Five members elected at-large from Ward 4, Precinct 4 in Bienville
29 Parish.
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1 (b) Five members elected at-large from Ward 4, Precinct 9 in Bossier
2 Parish.
3 (c) Five members elected at-large from precincts 39, 40, and 41 in
4 Webster Parish.
5 (2) All commissioners shall be elected for a four-year term concurrent
6 with the term of the governor.
7 (3) A commissioner may not serve more than two consecutive complete
8 or partial terms. Any vacancy in the office of commissioner due to death,
9 resignation, or any other cause other than expiration of a term of office shall be
10 filled by the president of the board with majority approval of the board for the
11 remainder of the unexpired term.
12 C. Members of the board of commissioners shall receive no
13 compensation for their services.
14 D. The board shall be domiciled within the boundaries of the district.
15 §3087.365. Oaths
16 Before entering upon his official duties, each member of the board of
17 commissioners shall take the oath of office provided by Article X, Section 30 of
18 the Constitution of Louisiana before an officer authorized by law to administer
19 oaths.
20 §3087.366. Election of officers
21 In January, after the members of the board of commissioners have been
22 elected, they shall meet and organize by electing from their number a president,
23 vice president, and secretary who shall perform the duties normally required
24 of such officers.
25 §3087.367. Powers of the board
26 A. In order to accomplish the purposes for which the district is created,
27 the board of commissioners may:
28 (1) Assist in conserving soil and water and in developing the water
29 resources of the district, provided nothing shall be done to interfere with
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1 districts or municipalities previously organized under Louisiana law.
2 (2) Cooperate with the Department of Transportation and Development
3 and other state agencies in the maintenance or improvement and the
4 construction of any works or improvements for the control, retention, diversion,
5 or utilization of water or to retard runoff of water and soil erosion; in the
6 construction of any ditch, channel improvement, dike, dam, or levee; and in the
7 repair, improvement, and maintenance of any of said improvements or
8 structures.
9 (3) Make recommendations to the Louisiana Wildlife and Fisheries
10 Commission regarding lake drawdowns for biological purposes and aquatic
11 plant control, after it receives a presentation from the Department of Wildlife
12 and Fisheries.
13 (4) Cooperate and contract with persons, firms, associations,
14 partnerships, private corporations, cities of this state, or other public
15 corporations, and with any other local, state, or federal agencies for the sale or
16 use of any waters impounded by the district.
17 (5) Do and perform any and all things necessary or incidental to the
18 fulfillment of the purposes for which the district is created, including salvinia
19 eradication.
20 B. The Lake Bistineau Recreation and Water Conservation District may
21 have, with respect to the improvements and facilities maintenance of the
22 district, the advice of the Department of Transportation and Development, and
23 it may request from time to time the assistance of the department to make such
24 surveys, inspections, and investigations, render such reports, estimates, and
25 recommendations, and furnish such plans and specifications as the board of
26 commissioners of the district may request.
27 §3087.368. Rules and regulations
28 A. In order to accomplish the purposes of the district, the board of
29 commissioners may make and enforce such rules and regulations as it shall
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1 deem necessary and advisable:
2 (1) To protect and preserve, in conjunction with the parish governing
3 authorities, the works, improvements, and properties owned or controlled by
4 the district, prescribe the manner of their use by public corporations and
5 persons, and preserve order within and adjacent thereto.
6 (2) In conjunction with the parish governing authorities and pursuant
7 to and in accordance with any statewide laws for the management, protection,
8 or regulation of surface water, to prescribe the permissible uses of the water
9 supply provided by the lake and to prevent the pollution or unnecessary waste
10 of such water supply.
11 (3) To establish rules and regulations and cause them to be enforced with
12 regard to activities engaged in upon Lake Bistineau that are not regulated by
13 the Louisiana Wildlife and Fisheries Commission.
14 B. The board shall make recommendations to the Louisiana Wildlife and
15 Fisheries Commission for proposed regulations pertaining to hunting, fishing,
16 trapping, water sports, boating, and the operation of any watercraft upon the
17 proposed lake.
18 §3087.369. Supervision by Department of Transportation and Development
19 All of the powers and duties relative to construction and letting of
20 contracts for construction required to be advertised by R.S. 38:2211 and 2212
21 conferred upon the district shall be subject to and exercised under the
22 supervisory control of the Department of Transportation and Development of
23 the state of Louisiana, which department shall furnish to the district such
24 engineering services as it shall require and may cooperate with the district in
25 the construction of any work or facility considered necessary by the district and
26 said department to the purposes of the district.
27 §3087.370. Contracts let by board
28 Any and all contracts of the district shall be let by the board of
29 commissioners under the provisions of R.S. 38:2211 et seq.
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1 §3087.371. Playgrounds, parks, and other facilities
2 The board of commissioners may cause to be created and constructed
3 playgrounds, picnic grounds, grounds for recreation, parks, and any and all
4 other facilities to accommodate the public and to provide adequate access to the
5 lake, as may, within the opinion of the board, become necessary. The board of
6 commissioners shall also provide for the construction of public access boat
7 ramps in the district to allow for and maintain public access to Lake Bistineau
8 for recreational purposes.
9 §3087.372. State departments; authority of corporation
10 Nothing in this Part shall be construed to impede or interfere with the
11 control and supervision of the wildlife, fisheries, and aquatic life of the state by
12 the Louisiana Wildlife and Fisheries Commission or the regulatory authority
13 of the Department of Environmental Quality and its officers. The Department
14 of Wildlife and Fisheries and the Department of Environmental Quality shall
15 assist the board of commissioners in the conduct of its duties and functions, and
16 the board shall advise and consult with the departments in matters relating to
17 their respective powers and responsibilities.
18 §3087.373. Reports
19 The Department of Wildlife and Fisheries, the Department of
20 Environmental Quality, and the Department of Transportation and
21 Development shall submit quarterly reports to the board, relative to their
22 responsibilities within the district.
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.
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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)
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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.
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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.
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