2012 Louisiana Laws
Revised Statutes
TITLE 38 — Public contracts, works and improvements
RS 38:3087.309 — Construction which would impede flow of water in lake prohibited; pollution defined and prohibited; penalties fixed for violations

§3087.309. Construction which would impede flow of water in lake prohibited; pollution defined and prohibited; penalties fixed for violations

A.(1) No person or public corporation shall erect within the drainage area of the commission's boundaries any dam or lake upon any stream or watercourse which will affect the lake until a copy of the plans has been filed with the board of commissioners and the board grants 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 more than sixty days, or both.

B.(1) No person shall knowingly and willfully empty or drain into or permit to be drained from any pumps, reservoirs, wells, or oil fields into any stream or drain constituting the watershed of the lake or from any stream within the area of the commission's boundaries into the lake any oil, salt water, or other noxious or poisonous gases or substances which would render the water unfit for irrigation purposes or would destroy aquatic and fish life in the streams.

(2) Each and every day that oil, salt water, or other substances are permitted to flow into natural streams or drains which constitute the watershed of the 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 more than three months, or both.

C.(1) No person shall:

(a) Obstruct drainage channels which compose any drain or stream flowing into the lake by bridging them except in accordance with plans, specifications, and instructions prescribed by the board of commissioners of the commission.

(b) Construct dams, locks, or gates in drainage channels of the watershed of the lake without permission of the commission.

(c) Drain into channels by natural or artificial inlets, except under regulations prescribed by the board of commissioners.

(d) Cause water to be diverted in any manner from the channels without the express permission of the Bayou Desiard Lake Restoration Commission.

(e) Float timber in the watershed of the lake.

(f) Use the channels for transportation or commercial navigation, except under authority of and agreement with the board of commissioners.

(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 more than sixty days, or both.

D.(1) No proprietor, owner, lessee, or possessor of land abutting the lake or upon any public road paralleling the water line or contiguous to the lake 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 lake.

(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 more than sixty days, or both.

Acts 2005, No. 72, §1, eff. June 16, 2005.