2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:3087.199 - Construction which would impede flow of water in the reservoir prohibited; pollution defined and prohibited; penalties fixed for violations
§3087.199. Construction which would impede flow of water in the reservoir prohibited; pollution defined and prohibited; penalties fixed for violations
A.(1) No person or public corporation shall erect within the drainage area of the district any dam or reservoir upon any stream or watercourse which will affect the single reservoir created, maintained, and operated by the district until a copy of the plans 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 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, lakes, reservoirs, wells, or oil fields into any stream or drain constituting the watershed of the district's reservoir or from any stream within the district into the district's reservoir any oil, salt water, or other noxious or poisonous gas or substance that would render the water unfit for irrigation or would destroy aquatic life in the district's reservoir.
(2) Each and every day that oil, salt water, or other substance is permitted to flow into natural streams or drains that constitute the watershed of the district's reservoir 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 district's reservoir by bridging them except in accordance with plans, specifications, and instructions prescribed by the board of commissioners of the district.
(b) Construct dams, locks, or gates in drainage channels of the watershed of the district's reservoir without permission of the commission.
(c) 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 watershed of the district's reservoir, provided, however, that nothing in this Section shall prohibit the otherwise lawful anchorage of boats and watercraft, or the otherwise lawful use of legal fishing gear.
(d) Drain into channels by natural or artificial inlets leading into the district's reservoir, except under regulations prescribed by the board of commissioners.
(e) Cause water to be diverted in any manner from the channels leading into the district's reservoir without the express permission of the Washington Parish Reservoir District.
(f) Float timber in the watershed of the district's reservoir.
(g) Use the channels leading into the district's reservoir 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 district's reservoir or upon any public road paralleling the water line or contiguous to the district's 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 district's reservoir.
(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 2003, No. 71, §2, eff. May 28, 2003; Acts 2005, No. 307, §1, eff. June 29, 2005.
