Louisiana Revised Statutes 33:3815.2 – Powers of waterworks districts; water supply; agreements between waterworks districts and waterworks districts, fire districts, or persons in adjoining parishes
Terms Used In Louisiana Revised Statutes 33:3815.2
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
A. This Section shall apply only to waterworks districts created under Title 33 of the Louisiana Revised Statutes of 1950 which own property in an adjoining parish or parishes, except St. Tammany, Livingston, Washington, and Tangipahoa Parishes.
B. Any waterworks district thus created and named or numbered by a police jury shall constitute a body corporate in law, with all the powers of a corporation, and all powers necessary for it to carry out the objects for which it was created. The waterworks district may expropriate property for any purpose that it may find necessary in the operation of its waterworks system, and may acquire by donation or purchase any existing waterworks system in the district. The waterworks district may expropriate property within its district, and may acquire by donation, purchase, exchange, lease, or otherwise, any property or facilities located at any location which affects the object for which the waterworks district was formed. Waterworks districts may dig and excavate the roads, streets, sidewalks, and alleys in the district for the purpose of laying pipeline or water mains. It may acquire any and all machinery necessary for the purpose of affecting the object for which it is formed and shall own all sites which are acquired either by donation, purchase, expropriation, exchange, or otherwise in full ownership.
C. Waterworks districts may cooperate with other waterworks districts within their respective parishes, or with private individuals, associations, corporations, or municipalities.
D. Nothing in this Chapter shall be construed so as to restrict a waterworks district, created by the governing authority of one parish, from being authorized to supply water services to other waterworks or fire districts or persons in an adjoining parish, where the governing authority of that adjoining parish grants by majority resolution or franchise agreement, permission to provide said services.
E. A waterworks district of one parish, which supplies water to, or takes water from, an adjoining parish, except any waterworks district obtaining water from state running waters or under a Special Use Permit from the United States Forest Service, shall only do so under the terms and conditions set forth in a franchise agreement or majority resolution of the governing authority of the adjoining parish and a majority resolution of the governing authority of the creating parish.
F. Any waterworks district which, prior to the effective date of this Section, has been supplying water to, or receiving water from, an adjoining parish, with the permission of the governing authority of the adjoining parish, may continue to do so under the same terms and conditions of that grant of permission.
Acts 1991, No. 386, §1, eff. July 8, 1991; Acts 2004, No. 732, §1.