2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:2565 - Constructions which would impede flow of waters in watershed prohibited; pollution defined and prohibited; penalties fixed for violations

§2565. Constructions which would impede flow of waters in watershed prohibited; pollution defined and prohibited; penalties fixed for violations

A. No person or public corporation shall erect within the drainage area of the district any dam or reservoir upon any stream or water course therein or any work or obstruction diminishing the cross section of any such stream or water course until a copy of the plans thereof has been filed with the board of commissioners and the state department of public works, for approval or rejection by both.

Whoever violates this Sub-section shall be fined not less than $500.00 or more than $1,000.00 or imprisoned for not less than 30 days, nor more than 60 days, or both.

B. 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 Bayou D'Arbonne Watershed District or from any stream within said district into the said reservoir 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.

Whoever violates this Sub-section shall be fined not less than $100.00 or more than $200.00 or imprisoned for not less than 30 days nor more than three months.

Each and every day that oil, salt water, or other substances are permitted to flow into natural streams or drains which constitute the watershed district of Bayou D'Arbonne Lake shall constitute a separate and distinct offense.

C. No persons shall:

(1) Obstruct drainage channels which compose any drain or stream flowing into the Bayou D'Arbonne Lake by bridging them except in accordance with plans, specifications and instructions prescribed by the board of commissioners of the said Bayou D'Arbonne Lake District.

(2) Construct dams, locks, or gates in drainage channels of the said Bayou D'Arbonne Lake reservoir.

(3) Extend fences of wire or any other material across drainage channels into and forming a part of the watershed district of Bayou D'Arbonne Lake heretofore defined.

(4) Establish fording places, water places, or approaches for stock across drainage channels.

(5) 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 Bayou D'Arbonne Lake Watershed District.

(6) Drain into channels by natural or artificial inlets except under regulations prescribed by the board of commissioners of the Bayou D'Arbonne Lake Watershed District.

(7) Float timber in the channel.

(8) Use the channels for transportation or navigation except under authority of and agreement with the board of commissioners of Bayou D'Arbonne Lake Watershed District.

(9) 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 of Bayou D'Arbonne Lake Watershed District for preserving and maintaining the efficiency of the drainage channels in said district.

Whoever violates this Sub-section shall be fined not less than $250.00 or more than $500.00 or imprisoned for not less than 30 days nor more than 60 days or both.

D. No proprietor, owner, lessee, or possessor of land abutting upon the Bayou D'Arbonne Lake reservoir or upon any public road paralleling the water line or contiguous to the said Bayou D'Arbonne Lake Watershed 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, through and continuous drainage into the said reservoir.

Whoever violates this Sub-section shall be fined not less than $250.00 nor more than $500.00 or imprisoned for not less than 30 days nor more than 60 days, or both.

The sheriff of the parish within which the said district is located, in addition to his other duties, is charged with the responsibility of aiding and assisting the commission in the enforcement of all rules and regulations adopted in accordance herewith.

E. 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 said commission in pursuance hereto.

Added by Acts 1956, No. 9, §15. Amended by Acts 1962, No. 194, §3.