Revised Statute 38

 

§21	Intent
§22	Definitions
§23	Permit or consent required
§24	Rules and regulations; inspection of dams
§25	Exemptions for other programs; additional requirements
§26	Violations; orders of chief engineer; remedial measures; emergency situations; designated operation and maintenance
§27	Damage claims
§28	Penalties

CHAPTER 1-A. DAMS AND RELATED MATTERS

§21. Intent

It is the responsibility of the state to provide a means for the inspection, regulation, and supervision of all present or future dams within the state and the operation and maintenance of those as specified in this Chapter, both federal and nonfederal but excluding the Toledo Bend Dam, in order to prevent and correct potential hazards to downstream life and property in the event of failure of any dam.

Added by Acts 1981, No. 733,§ 1, eff. July 23, 1981. Acts 1984, No. 270,§ 1, eff. July 1, 1984.

§22. Definitions

For the purposes of this Chapter, a dam is any artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which (1) is or will be twenty-five feet or more in height from the bed of the watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has or will have an impounding capacity at maximum water storage elevation of fifty acre-feet or more. This definition does not include any dam or barrier that is not or will not be in excess of six feet in height, regardless of storage capacity or which has or will have a storage capacity of maximum water storage elevation not in excess of fifteen acre-feet, regardless of height.

Added by Acts 1981, No. 733,§ 1, eff. July 23, 1981.

§23. Permit or consent required

All dams, as hereinabove described, both federal and non-federal but excluding the Toledo Bend Dam, shall be under the jurisdiction of the state acting through the chief engineer of the Department of Transportation and Development, office of public works. The chief engineer, or his authorized representative, shall have supervision and overview of the construction, modification, operation, and maintenance of the dams to the extent required to protect life and property and to provide for the safety and welfare of the public. No person, partnership, association, corporation, agency, or political subdivision shall construct any such dam or make, construct, or permit to be made or constructed any change in the dam without first obtaining the written consent or permit of the chief engineer. No permit is required for routine maintenance.

Added by Acts 1981, No. 733,§ 1, eff. July 23, 1981.

A.(1) The chief engineer shall adopt and may from time to time amend rules and regulations in order to establish standards for the construction, modification, operation, and maintenance of such dams and to administer and enforce these provisions. In order to secure conformity with the adopted rules and regulations and to assure compliance with any consent or permit granted pursuant to the provisions of this Chapter, the chief engineer or his authorized representative, is authorized and it shall be his duty to inspect all such dams. The number of inspections is to be based on the category of dams, as defined in the rules and regulations, but periodical changes may be necessitated according to future development of a categorized dam in the rules and regulations. The chief engineer or his authorized representative shall have the right of access to private property in order to make inspections of such dams.

(2) The provisions of this Subsection shall apply to both existing dams and new construction, except that dams under construction or completed prior to August 15, 1995, shall not be required to meet the new dam construction requirements unless the owner elects to make major modifications or repairs or the chief engineer determines that the impoundment structure has developed major deficiencies, requiring rehabilitation or reconstruction. The provisions of this Paragraph shall become effective upon promulgation and formal adoption of rules and regulations under the provisions of the Administrative Procedure Act to implement the provisions of this Subsection.

B. Notwithstanding any other provisions of law or any rules and regulations to the contrary, the legally constituted boards of commissioners of Black Lake, Clear Lake, and Saline Lake in Natchitoches Parish may recommend directly to the Department of Transportation and Development that the dams situated on said lakes should be opened for flood-control purposes only. The chief engineer, or his authorized representative, shall have the final authority for determining the necessity of opening the dams, and no other department of state government shall be involved in these flood-control activities.

Acts 1991, No. 532,§ 1; Acts 1995, No. 1049,§ 1.

A. Where the impoundment of liquid substances or hazardous wastes and materials by dikes, dams, or barriers is permitted or regulated under the Department of Natural Resources, that office shall adopt rules and regulations for the construction, operation and maintenance of said facilities in accordance with the requirements, rules and regulations promulgated under this Chapter and such impoundments are exempted from the provisions of this Chapter.

B. The requirements of this Chapter and rules and regulations adopted hereunder shall be in addition to the requirements for permits and leases of state waterbottoms contained in R.S. 41:1701 et seq.

Added by Acts 1981, No. 733,§ 1, eff. July 23, 1981.

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 public works, and the Department of Transportation and Development, office of public works, 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 insure that the man-made 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 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 in Jackson Parish

(13) Allen-Chivery 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 in Vernon Parish

(19) Vernon Lake Dam in Vernon 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.

No action may be brought against the state of Louisiana, its agencies, or its agents and employees for the recovery of damages caused by the partial or total failure of any dam or through the operation of any dam on the basis that such defendant or defendants is liable to the claimant because of the approval of the dam, or the approval of plans for flood handling during the period of construction, or the issuance or enforcement of orders relative to maintenance or operation of the dam, or the control and regulation of the dam, or the measures taken to protect against failure of the dam during an emergency.

Added by Acts 1981, No. 733,§ 1, eff. July 23, 1981.

A. It is unlawful for any person to violate any provision of this Chapter relative to dams, or any provision of the orders, rules, regulations, or lawful requirements of the chief engineer; or to willfully obstruct, hinder, or prevent the chief engineer, or his authorized representative, from performing the duties imposed herein; or for any director, officer, agent, or employee of a contractor who engages in the construction, modification, maintenance, or removal of any dam, to knowingly do work or permit work to be done on the dam without the approval or in violation of any approval as provided in this Chapter; or for any inspector, agent, or employee of the chief engineer to fail to immediately notify him of such improper work of which he has knowledge.

B. Whoever violates any of the provisions of this Section shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

Added by Acts 1981, No. 733,§ 1, eff. July 23, 1981.