The road to a reservoir


Published/Last Modified on Friday, November 19, 2004 4:40 PM CST


Laws that established commission explained

EDITOR'S NOTE: This is the second in a series re-examining the process and potential impact of constructing a reservoir in Washington Parish. The stories will be published each Sunday and Wednesday in The Daily News.

BY ELEANOR EVANS

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THE DAILY NEWS

In February 2002, Reservoir Consultant Mike Thompson warned members of the Washington Parish Reservoir Commission to prepare for opposition that would come from persons whose property might be affected by construction of a reservoir.

The opposition has come two years later, with many residents across the parish questioning its impact.

Beyond the scope of the proposed reservoir lies legislation written by local representatives n who have worked for a number of years to bring a source for fishing, water skiing, entertainment and potable water to the area.

For Washington Parish, it all began in 2001 n when former State Sen. Jerry Thomas, former State Rep. Ben Nevers and Rep. Mike Strain co-sponsored a resolution to establish the Washington Parish Reservoir Commission.

Within months, the commission held meetings to study the potential impact of a reservoir.

Last year, the Washington Parish Reservoir District was officially created through State House Bill No. 216, written by Strain and Nevers.

The legislation officially established the commission n eleven local members appointed by the Governor for ten-year terms. According to the law, three members were appointed from a list submitted by each of the three parish legislators n Nevers, Strain and Thomas. Seven members n one representing each of the seven parish council districts n were appointed from a list provided by each of the seven members of the Washington Parish Council.

And one member was appointed at the recommendation of Parish President Toye Taylor.

Commissioners receive no compensation for their services, according to the law.

However, the commissioners are responsible for governing and controlling the reservoir district n and with that governing power comes other responsibilities and authorities as well.

One of those authorities is issuing bonds and levying taxes for the area n an authority that is not new to a reservoir commission. Tourism, library and other volunteer commissions across the country have the power to levy taxes as well n as well as the power to incur indebtedness to the state.

According to state law, all taxes and bond issues must be approved by a public vote.

If the commission determines there is a need to create a reservoir in the parish and moves forward with construction, it has the power to acquire land in the location of the reservoir n but not without offering fair market value to property owners. And development could require "taking" of property from some landowners if they refuse to sell their property to the district, Thompson told the Commission in 2002.

According to the law, any land initially acquired but not developed by the district shall be returned to the prior property owner upon reimbursement of the district's appraised value.

Approximately 25 properties were acquired during the construction of the Poverty Point reservoir, Thompson said.

And every affected landowner accepted the negotiated value "plus other considerations" for their property, and none had to be seized, Thompson said.

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