Could a Louisiana parish own a grant-funded well that a private nonprofit water system operated?

Plain-English summary

Union Parish was considering a federal grant to drill a water well. The parish would own the well, while Carney Creek Water System, a private nonprofit, would operate and maintain it. The Attorney General said the parish could enter a cooperative endeavor with the operator for that arrangement, assuming the grant's requirements were met.

The opinion assigned potential negligence responsibility according to each party's role. The parish would be liable for negligence arising from owning the well; the water system would be responsible for negligence in maintenance and operation. The AG said the public entity could not assume liability for the operator's acts, and the operator could not assume the parish's liability.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the parish own the grant-funded well while another organization operated it?
The AG said yes, through a cooperative endeavor with the private nonprofit water system, assuming compliance with the grant conditions described.

Who would be responsible for negligence in operating the well?
The opinion said Carney Creek Water System would bear responsibility for negligence from its maintenance and operation.

Did the parish have liability as owner?
The AG said the police jury would be liable for negligence arising from its ownership of the well.

Background and statutory framework

The opinion read La. R.S. 33:1236 as granting police juries powers to serve residents' general welfare and applied Article 7, Section 14(C) of the Louisiana Constitution to cooperative endeavors using public funds. It cited La. R.S. 38:2195 and La. R.S. 38:2216 G in discussing limits on shifting liability between the parish and operator.

Citations and references

• La. R.S. 33:1236
• Article 7, Section 14(C) of the Louisiana Constitution
• La. R.S. 38:2195
• La. R.S. 38:2216 G

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0041

Original opinion text

March 6, 2001
OPINION NO. 01-41

90
Police Juries
Mr. Robert J. Barham 90 – A – 1 Public Funds & Contracts
State Senator, District 33
Union Parish Police Jury may enter into a
Post Office Box 249
cooperative endeavor agreement with a
Rayville, Louisiana 71269
private water company for the maintenance
and operation of a water well that is owned by the parish.
Dear Senator Barham:

We received your request on behalf of the Union Parish Police Jury. The police jury is considering applying for a federal grant, a Local Community Development Block Grant, to drill a water well. Carney Creek Water System, a private, non- profit corporation, currently operates the water system and will maintain and operate the new well. It is our understanding, after reviewing the information in the request and speaking with the attorney representing the police jury, that only political subdivisions of the state may apply for the grant. We also understand that the police jury must own the well to maintain the grant.

The powers of police juries are defined by the legislature in La. R.S. 33:1236. Our jurisprudence establishes that police juries have no other powers than those specifically delegated to them. This statute empowers a police jury to provide for the general welfare of its citizens. Clearly, an improved and/or more efficient water system will benefit the citizens of Union Parish.

Thus, assuming that the police jury complies with all of the grant requirements, the funds used to drill the well will be public funds. Therefore, Article 7, Section 14 of the Louisiana Constitution, which regulates the use of public, i.e. state, funds, permits the use of these funds for a cooperative endeavor. See Article 7, Section 14(C).

You also questioned what liability the police jury would have as owner of the well. The police jury will be liable for any negligence that arises from its ownership of the well. However, Carney Creek Water System will be responsible for any and all negligence which arises from the maintenance and operation of the well. Public entities are prohibited from assuming liability for damages caused by anyone other than the public entity. See La. R.S. 38:2195. Similarly, Carney Creek Water System cannot assume any liability of the police jury. See La. R.S. 38:2216 G.

Page 2

Mr. Robert J. Barham
Opinion No. 01-41
Page 2

If you have any questions, please contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI:TVG:crt

Page 3

OPINION NUMBER 01-41

SYLLABUS

90 Police Juries
90 – A – 1 Public Funds & Contracts

Art. 7, Section 14 of the La. Constitution of 1974 La. R.S. 33:1236 La. R.S. 38:2195 La. R.S. 38:2216

Union Parish Police Jury may enter into a cooperative endeavor agreement with a private water company for the maintenance and operation of a water well that is owned by the parish.

Mr. Robert J. Barham
State Senator, District 33
Post Office Box 249
Rayville, Louisiana 71269

DATE RECEIVED: February 1, 2001

DATE RELEASED: March 6, 2001

AUTHOR: TINA VICARI GRANT
Assistant Attorney General