Louisiana Revised Statutes 38:3087.77 – Constructions which would impede flow of water in watershed prohibited; pollution defined and prohibited; penalties fixed for violations
Terms Used In Louisiana Revised Statutes 38:3087.77
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A.(1) No person or public corporation shall erect within the drainage area of the district any dam, channel, or reservoir upon any stream or watercourse which will affect Caddo Lake until a copy of the plans thereof has been filed with the board of commissioners for approval.
(2) Whoever violates this Subsection shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days, nor more than sixty days, or both.
B.(1) No person shall knowingly and willfully empty or drain or permit to be drained from any pump, reservoir, well, or oil field, into any stream or drain constituting the watershed of the lake, or from any stream within said district into said lake any oil, salt water, or other noxious, toxic, hazardous, or poisonous gas, liquid, or substance which would render the water unfit for irrigation purposes or for human consumption through “water districts” or would destroy aquatic and fish life in the lake.
(2) Each and every day that oil, salt water, or other prohibited substances are permitted to flow into natural streams or drains which constitute the watershed of Caddo Lake shall constitute a separate and distinct offense.
(3) Whoever violates this Subsection shall be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not less than thirty days nor more than three months.
C.(1) No person shall:
(a) Obstruct drainage channels which compose any drain or stream flowing into Caddo Lake by bridging them except in accordance with plans, specifications, and instructions prescribed by the board of commissioners.
(b) Construct dams, locks, or gates in drainage channels of the Caddo Lake watershed or in the lake itself without permission of the board.
(c) Extend fences of wire or any other material across drainage channels into and forming a part of the watershed of Caddo Lake.
(d) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the channel of any stream, drain, or natural flow of the feeder streams of the Caddo Lake watershed.
(e) Drain into channels by natural or artificial inlets, except under regulations prescribed by the board of commissioners.
(f) Float timber in the watershed of Caddo Lake.
(g) Use the channels for transportation or navigation, except under authority of and agreement with the board of commissioners.
(h) In any manner obstruct drainage channels, natural flow drains, or natural flowage, or violate any of the rules or regulations adopted and promulgated by the board of commissioners for preserving and maintaining the efficiency of the drainage channels in said district.
(2) Whoever violates this Subsection shall be fined not less than two hundred fifty dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
D.(1) No proprietor, owner, lessee, or possessor of land abutting upon the Caddo Lake reservoir or upon any public road paralleling the water line or contiguous to the said Caddo Lake reservoir shall in any manner close or place any obstruction in the drains or ditches, whether on private property or on the public road or levee adjacent to the road which will in any manner interfere with the effective, thorough, and continuous drainage into the said reservoir.
(2) Whoever violates this Subsection shall be fined not less than two hundred fifty dollars nor more than five hundred dollars or be imprisoned for not less than thirty days nor more than sixty days, or both.
E. The sheriff of the parish, in addition to his other duties, is charged with the responsibility of aiding and assisting the board of commissioners in the enforcement of this Section and all rules and regulations of the board.
F. The district attorney of the judicial district within which the said watershed district is situated is hereby designated as the proper official and charged with the responsibility of the prosecution of all violations of the rules and regulations adopted by the board of commissioners.
Acts 1995, No. 345, §1.