Avoyelles Police Jury may not create Spring Bayou commission

When it comes to the prickly issue of regulating water pumped from Spring Bayou for “agricultural purposes,” the Avoyelles Police Jury indicated it wants to treat it like it would any other prickly item.

Don’t touch it -- unless you absolutely have to.

Several police jurors met with Wildlife & Fisheries Secretary Jack Montoucet Feb. 14. Jury President Charles Jones gave a summary of that meeting at the jury’s meeting Feb. 15.

Jurors came away from that meeting with a clear impression that Montoucet thought the local commission is not the right way to address concerns over the impact of pumping water out of the Spring Bayou Complex.

Jones said a “working group” including jurors, Spring Bayou Restoration Team members, adjacent landowners and any other interested parties should meet to discuss the issue. A follow-up meeting with Montoucet will be scheduled in June.

AG’S OPINION

The Police Jury received an attorney general’s opinion last October that said the jury has the authority to create a local game and fish preserve and commission. The local board would have to share its jurisdiction with the Louisiana Wildlife and Fisheries Commission, since state law says fish and wildlife in Louisiana are the property of the state.

The opinion noted that state law gives property owners adjacent to a waterway the right to withdraw water for “agriculture, aquaculture and for other customary purposes. However, this right is subject to limitations in times of scarcity.”

It also said the landowner “may not exhaust the supply of water, make the water unsuitable for the use of the public or other riparian owners, obstruct the flow or take such quantities of water that other riparian owners are likely to sustain damage. If he does, he is answerable to damages and injunction.”

Even if the local parish governing body chooses not to create a local fish and game commission, the state “may regulate withdrawals of all running waters in the state by riparian landowners and non-riparians alike” because the “preservation and conservation of fish and wildlife is a legitimate basis for regulation of withdrawals of running waters and one which Louisiana courts have found is included in the state’s police power,” according to the opinion written by Assistant Attorney General Harry J. Vorhoff.

COURTS FAVOR LANDOWNERS

Jones noted that Montoucet said Louisiana courts “have always favored the landowner” over local government in issues related to property rights.

“He did state that he understood the purpose and effort of the jury and that his department would assist the Police Jury in formulating policies and procedures for surface water management,” Jones said. Montoucet also promised to help the parish decide how to create the commission and its membership.

The meeting in Baton Rouge left several questions unanswered.

The first hurdle would be to determine the appropriate water level for the Spring Bayou watershed.

Another potential problem is there has been no fishkill or other damage to local wildlife caused by removing water from Spring Bayou.

“The secretary said we would have to have evidence of fishkills, and nobody recalls any fishkills” except following a state-ordered drawdown several years ago, Juror Henry Moreau said. Moreau was also at the meeting with Montoucet.

Jones said most concerns about threat to wildlife are based on what “could” happen and to take action to prevent it from happening in the future.

The issue of low water stranding some camp owners’ boats or making some areas of Spring Bayou impassable was raised. However, it was noted that Wildlife & Fisheries does not consider those problems to pose a serious enough threat to fish, wildlife and the environment to justify regulatory intervention.

Jones said Montoucet’s staff would research the issue and determine to what extent the Police Jury could manage resources in conjunction with Wildlife & Fisheries. He said the “working group” on that issue should try to resolve any concerns voluntarily and avoid any possible confrontation later.

Although camp owners and recreational users of Spring Bayou have valid concerns to consider, Jones said, “nobody wants to start a fight with the farmers.”