Could Cypress Black Bayou district spend its funds on advertising?

Plain-English summary

The Cypress Black Bayou Recreation and Water Conservation District asked whether it could use district funds for advertising. The AG cited the statute creating the district and granting powers necessary to carry out its purposes. It concluded the district could spend for advertising if it found that the spending would help carry out those purposes. The opinion did not approve a particular campaign or amount.

Currency note

This opinion was issued in 2002. 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 district buy advertising?
The AG said yes if the district found advertising would help carry out its statutory purposes.

Did the opinion approve any particular advertisement?
No. It addressed the district’s authority and left the determination of usefulness to the district.

Background and statutory framework

The opinion relied on La. R.S. 38:2603, which described the district’s water conservation and resource-development purposes and granted necessary powers.

Citations and references

• The legal authorities discussed appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0105

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Ma~n Street, Suite 600
c,v,L a,v,s,oN
P.O Box 94005
BATON ROUGE
TEL ’ (2257 342-7013
FAX (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

APR 0 8 200Z
Opinion Number 02-0105

Mr. John M. L. Kling
90-A-2 Public Funds- Loans, Pledges or Grants
La. R.S. 38:2603
Executive Director
Cypress Black Bayou Recreation
Cypress Black Bayou Recreation and Water Conservation
and Water Conservation District
District may, pursuant to La. R.S. 38:2603, spend funds for
advertisement if it finds that such will assist it in carrying out the 135 Cypress Park Dr. purposes for which it was created.
Benton, LA 71006

Dear Mr. Kling:

We received your request for an opinion regarding the use of funds for advertising by the Cypress Black Bayou Recreation and Water Conservation District (hereafter referred to as "District").

Pursuant to La. R.S. 38:2603, the District is a political subdivision of the state of Louisiana whose purpose is to develop its wealth and natural resources by the conservation of water for agricultural, municipal, recreational, commercial, industrial, and sanitary purposes. This statute further provides that the District shall have, "... all powers necessary for it to carry out the objects for which it was created."

In light of the above, it is our opinion that the District is authorized to expend the funds at issue for advertisement if it finds that such will assist it in carrying out the objects for which it was created.

We trust this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office.

With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General
RPIfTVG/dam