Can a Louisiana water district buy land and drill a well in a neighboring parish to supply its customers?

Plain-English summary

Cameron Parish Waterworks District No. 10 asked whether it could buy land in neighboring Calcasieu Parish, drill a fresh-water well, and send that water to Cameron customers. In 2005, the Attorney General said the district could acquire suitable land outside Cameron Parish under LSA-R.S. 33:3815.2B, which allowed acquisition of property or facilities at any location affecting the district's purpose.

The second step required more. The AG said drawing water from Calcasieu to supply the Cameron district had to follow subsection E's agreement and approval terms for both parish governing authorities. The opinion distinguished subsection D, which addressed supplying water service to another district in an adjoining parish, from Cameron's proposed import of water for its own district.

Currency note

This opinion was issued in 2005 under the cited waterworks-district statute. Verify current law and the terms of any interparish agreement before relying on it for a well project.

What this means for you

Waterworks district boards

The AG separated authority to acquire out-of-parish property from authority to draw and transport water across the parish boundary. Buying land alone did not satisfy the subsection E conditions for the proposed well and water supply.

Cameron and Calcasieu parish authorities

The opinion said subsection E required terms and conditions set through a franchise agreement or majority resolution of the adjoining parish's governing authority and a majority resolution of the creating parish's governing authority.

Common questions

Could the Cameron district buy land in Calcasieu Parish?

Yes. The AG read subsection B as allowing property acquisition beyond the district's home parish for an appropriate water-supply purpose.

Did owning land there automatically allow a well and water transfer?

No. The AG said the district could drill the well and supply its own district only if the two parish authorities reached an arrangement consistent with subsection E.

Was the rule for selling water service to another district the governing provision?

No. The opinion said subsection D addressed supplying water services to another waterworks district in an adjoining parish, while subsection E governed Cameron's proposed taking of water from Calcasieu.

Background and statutory framework

LSA-R.S. 33:3815.2B supplied broad property-acquisition authority for waterworks districts. Subsection E governed a district's supply of water to, or taking water from, an adjoining parish. The AG applied these provisions separately to the land purchase and the proposed fresh-water well.

Citations

• LSA-R.S. 33:3815.2B (property or facility acquisition).
• LSA-R.S. 33:3815.2E (interparish water-supply conditions).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0176

Original opinion text

November 16, 2005
OPINION NO. 05-0176

172-A WATER DISTRICTS
Mr. Cecil R. Sanner
LSA-R.S. 33:3815.2

District Attorney
Cameron Parish Waterworks District No. 10 has
Thirty-Eighth Judicial District
the authority to acquire property or facilities
located outside of its parish, by donation, purchase,
Parish of Cameron
exchange, lease or otherwise. However, the
P.O. Drawer 280
Waterworks District will only be able to drill a fresh
water well outside of Cameron Parish and furnish
Cameron, LA 70631
this water to its district if there is an agreement between
the authorities of the two parishes which is consistent with LSA-R.S. 33:3815.2E.
Dear Mr. Sanner:

As legal advisor to the Cameron Parish Waterworks District No. 10 (“the Waterworks District”), you have requested an opinion of the Attorney General on the following questions:

(1) May the Waterworks District purchase land in an adjoining parish?
(2) If the Waterworks District can purchase the land, then may it drill a fresh water well on that land and furnish this water to its district?

Cameron Parish currently has a waterworks district which is governed by the provisions of LSA-R.S. 33:3815.2. This enabling statute provides for the powers of waterworks districts. The statute specifically states that “[a]ny waterworks district…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.” LSA-R.S. 33:3815.2B (emphasis added). Thus, in response to your first question, the Waterworks District has the authority to purchase land in Calcasieu Parish for an appropriate purpose of ensuring sufficient water for its residents.

In response to your second question, concerning the Waterworks District’s ability to drill a well on property located within an adjoining parish and then transport that water to its own district, LSA-R.S. 33:3815.2 again provides guidance, stating, in pertinent parts:

Page 2

OPINION NO. 05-0176
Mr. Cecil Sanner
District Attorney
Cameron Parish
Page No. 2

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…in an adjoining parish, where the governing majority 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, 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.

These two subsections address different situations. Subsection D allows a waterworks district in one parish to supply water services to a waterworks district in an adjoining parish. This does not apply to the current situation that your question is envisioning but this could be a possibility if the other options do not materialize.

Subsection E is where our focus should be in answering the second question. This part empowers the governing authorities from Cameron and Calcasieu Parishes to enter into a franchise agreement or reach a majority resolution. Applying this to our situation, the Waterworks District of Cameron Parish would be allowed to take water from Calcasieu Parish only under the terms and conditions that have been set forth in the franchise agreement or majority resolution. This would have to be carried out in strict accordance with LSA-R.S. 33:3815.2E.

It is the opinion of the Attorney General that Cameron Parish Waterworks District No. 10 has the authority to acquire property or facilities located outside of its parish, by donation, purchase, exchange, lease or otherwise. However, the Waterworks District will only be able to drill a fresh water well outside of Cameron Parish and furnish this water to its district if there is an agreement between the authorities of the two parishes which is consistent with LSA-R.S. 33:3815.2E.

Page 3

OPINION NO. 05-0176
Mr. Cecil Sanner
District Attorney
Cameron Parish
Page No. 3

If we may be of further assistance, please do not hesitate to contact the undersigned.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:
CHARLES F. PERRY
Assistant Attorney General

CCF,Jr./CFP/tp

Page 4

OPINION NO. 05-0176
Mr. Cecil Sanner
District Attorney
Cameron Parish
Page No. 4

OPINION NO. 05-0176

172-A WATER DISTRICTS
LSA-R.S. 33:3815.2

Cameron Parish Waterworks District No. 10 has the authority to acquire property or facilities located outside of its parish, by donation, purchase, exchange, lease or otherwise. However, the Waterworks District will only be able to drill a fresh water well outside of Cameron Parish and furnish this water to its district if there is an agreement between the authorities of the two parishes which is consistent with LSA-R.S. 33:3815.2E.

DATE REQUESTED: March 29, 2005

DATE RELEASED: November 16, 2005

REQUESTED BY: Mr. Cecil R. Sanner
District Attorney
Thirty-eighth Judicial District
Parish of Cameron
P.O. Drawer 280
Cameron, LA 70631

AUTHOR: CHARLES F. PERRY
Assistant Attorney General
Civil Division, Lands & Natural Resources Section