Could a Louisiana drainage district spend money on a ditch extending beyond its boundaries?

Plain-English summary

Livingston Parish Gravity Drainage District No. 5 considered a ditch that might carry its water toward the Amite River, with part of the ditch outside district boundaries. The district asked whether it could spend its money on that outside segment. The Attorney General answered yes, because La. R.S. 38:1764 expressly allowed gravity drainage districts to extend canals or ditches beyond their limits to secure a proper outlet for district waters.

The quoted statute conditioned the work on direct benefit to the district and its inhabitants. It also authorized acquisition or expropriation of rights of way for the outlet work. The opinion applied that authority to the described drainage project.

Currency note

This opinion was issued in 2005. 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.

Common questions

Did the district boundary stop the proposed ditch?

No. The AG said R.S. 38:1764 expressly allowed a drainage canal or ditch to extend beyond the district for a proper outlet.

Why could district funds be used outside the district?

The proposed outside segment served as an outlet for district waters. The AG said the statute authorized spending for this type of project.

Did the statute address land rights for such a ditch?

Yes. The provision quoted in the opinion authorized servitudes and rights of way, including expropriation for an outlet beyond district limits.

Background and statutory framework

The district was not on the Amite River and proposed a drainage ditch leading out of its boundaries. The opinion quoted La. R.S. 38:1764's specific authority for outward extensions of canals and ditches to drain district waters and concluded that the project fit that authority.

Citations

• La. R.S. 38:1764 (district drainage works and outlet authority).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0271

Original opinion text

August 22, 2005
OPINION NUMBER 05-0271

22-1 Drainage and Drainage Districts
90-A-1 Public Funds and Contracts

Mr. D. Blayne Honeycutt, Attorney
La. R.S. 38:1751 et seq.
La. R.S. 38:1764
Livingston Parish Gravity District No. 5
506 Florida Avenue Southwest
La. R.S. 38.1764 provides express authority for gravity
drainage districts to extend canals and ditches beyond their
Denham Springs, LA 70726
limits in order to secure a proper outlet for the waters of their
district.
Dear Mr. Honeycutt:

On behalf of the Livingston Parish Gravity Drainage District No. 5 (“the District”) you have requested an opinion regarding the legality of spending funds on a drainage project that is located outside of the District, but which directly impacts the drainage within the district. Specifically, the District is considering a project to create a large drainage ditch leading out of the district that will serve as an outlet for all waters of the district, possibly directing them to the Amite River. The District is not located on the river, so a portion of the ditch will be outside of the District’s geographical boundaries. You question whether the district can legally spend funds on projects that extend outside of its limits. We believe it can.

The specific laws governing gravity drainage districts are found in La. R.S. 38:1751 et seq. In particular, La. R.S. 38:1764 describes the powers of such districts, and provides, in pertinent part, as follows:

Said districts and sub-districts shall have the power and authority to purchase servitudes and rights of ways for their own uses or the use of any state or federal agency with which they may co-operate in connection with some work of improvement. They shall have the power and authority to accept gifts or grants of money, property or services. The authority herein granted may be exercised and the works of improvement herein authorized may be so long as they inure to the direct benefit of the district and the inhabitants thereof and the commissioners of a district or sub- district for the purpose of securing a proper outlet for the waters of the district or sub-drainage district they represent, may extend canals or ditches or both canals and ditches beyond the limits of their respective districts, with the same power and authority of expropriating the right of way in the same manner and to the same extent as if the canals and ditches were wholly within the district they represent. [Emphasis added]

Page 2

OPINION NUMBER 05-0271
Mr. D. Blayne Honeycutt
Page - 2 –

This statute provides express authority for gravity drainage districts to extend canals and ditches beyond their limits in order to secure a proper outlet for the waters of their district. The District may spend its funds on this type of project.

We trust this adequately address your request. If you have any questions, please contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ________
DENISE B. FITZGERALD
Assistant Attorney General

CCF, JR., /DBF; mjb

Page 3

Syllabus
05-0271

22-1 Drainage and Drainage Districts
90-A-1 Public Funds and Contracts

La. R.S. 38:1751 et seq.
La. R.S. 38:1764

La. R.S. 38.1764 provides express authority for gravity drainage districts to extend canals and ditches beyond their limits in order to secure a proper outlet for the waters of their district.

Mr. D. Blayne Honeycutt, Attorney
Livingston Parish Gravity District No. 5,
506 Florida Avenue Southwest
Denham Springs, LA 70726

Date Received:
Date Released: August 22, 2005

DENISE B. FITZGERALD
ASSISTANT ATTORNEY GENERAL