Louisiana Revised Statutes 38:26 – Violations; orders of chief engineer; remedial measures; emergency situations; designated operation and maintenance
Terms Used In Louisiana Revised Statutes 38:26
- Dam: is a ny artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. See Louisiana Revised Statutes 38:22
- Modification: means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance. See Louisiana Revised Statutes 38:22
A. When the chief engineer finds that the construction, modification, operation, or maintenance of a dam is in violation of the adopted rules and regulations or of the terms, conditions, or restrictions of any permit or consent granted by the chief engineer, or that conditions exist in the construction, modification, operation, or maintenance of a dam which may present a hazard to public safety or welfare, he shall issue an order to require the correction of any such violation or condition by the owner or operator of the dam. The order shall contain his findings concerning the violation or condition and shall prescribe the corrective action to be taken. If corrective measures are not accomplished within the specified time, an order may be issued to require the safe removal of the dam.
B. When the condition of any dam is so dangerous to the safety of life and property as to not permit time for the issuance and enforcement of the order, or the passing of imminent floods threaten the safety of any dam, the chief engineer shall immediately employ any remedial means necessary to protect the safety of life and property, and he shall continue in full charge and control of the dam until it is rendered safe or the emergency causing the remedial action has ceased. The costs of only that work which may be required by the chief engineer for the purpose of restoring the dam to the requirements and standards established hereunder shall be paid by the owner, governmental agency, or operator thereof.
C. The commission or political subdivision under whose authority the following dams are established is hereby authorized to transfer the maintenance and operation thereof to the Department of Transportation and Development, office of engineering, and the Department of Transportation and Development, office of engineering, is hereby authorized and directed to operate and maintain the dam, water-control structures, gates, spillway, and related appurtenances to the extent that it deems necessary to ensure that the manmade impoundment structure and the attendant water-control devices are functioning to design capabilities.
(1) Bundick Creek in Beauregard Parish
(2) Kepler Creek Dam in Bienville Parish
(3) Ivan Lake Dam in Bossier Parish
(4) Lake Bistineau Dam in Bossier Parish
(5) Black Lake Dam in Caddo Parish
(6) Lake Claiborne Dam in Claiborne Parish
(7) Smithport Dam in DeSoto Parish
(8) Chicot Lake Dam in Evangeline Parish
(9) Turkey Creek Dam in Franklin Parish
(10) Iatt Lake Dam in Grant Parish
(11) Nantachie Lake Dam in Grant Parish
(12) Caney Lake Dam in Jackson Parish
(13) Chivery Dam in Natchitoches Parish
(14) Saline Lake Dam in Natchitoches Parish
(15) Bayou Cocodrie in Rapides Parish
(16) John K. Kelly Grand Bayou in Red River Parish
(17) Bayou Darbonne Dam and Reservoir in Union Parish
(18) Lower Anacoco Dam in Vernon Parish
(19) Vernon Lake Dam in Vernon Parish
(20) Black Lake Bayou Reservoir in Natchitoches Parish
(21) Nantachie Lake Dam No. 2 in Grant Parish
D. The operation and maintenance referred to in Subsection C shall not transfer or delegate the responsibility or authority of the regulation, operation, or maintenance of the surrounding shoreline, water bottom, or for recreational and park operations, nor determination of pool elevations, stage releases, or other lake management activities.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981. Acts 1984, No. 270, §1, eff. July 1, 1984; Acts 1993, No. 120, §1; Acts 2012, No. 753, §5; Acts 2022, No. 687, §1, eff. June 18, 2022.