Legal Opinion

Opinion Number

Louisiana Attorney General Reports

Decided July 22, 2008Published

1Opinion of the Court

Dear Mr. Curole:

On behalf of the South Lafourche Levee District, and, specifically related to a fresh water diversion endeavor by the Louisiana Department of Natural Resources (DNR), you have requested an opinion from this office regarding the authority of the State, and its agencies, to assert certain controls, including ownership and use, over the beds and banks of its navigable waterways and the water levels in State-owned waterways.

A. SPECIFIC ISSUES AND CONCLUSIONS:

1. "Is the State's ownership of Bayou Lafourche to the mean high water level when Louisiana became a state in 1812, or is it…

2Cases cited30 opinions

  1. Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural ResourcesSupreme Court of Louisiana · 1986
  2. Mitchell v. BertollaSupreme Court of Louisiana · 1976
  3. Phillips Petroleum Co. v. MississippiSupreme Court of the United States · 1988
  4. Avenal v. StateSupreme Court of Louisiana · 2004
  5. State v. RichardsonSupreme Court of Louisiana · 1916

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