Legal Opinion

Opinion Number

Louisiana Attorney General Reports

Decided November 23, 2010Published

1Opinion of the Court

Dear Senator Shaw,

You have requested an opinion of this Office regarding the withdrawal of water from Alligator Bayou in Red River Parish. You stated that your legal concern on this issue is whether permission to drain the water should be procured from both of the landowners adjacent (i.e., the riparian owners) to this stream and whether both landowners must be compensated for the water drained. You then specifically asked: (1) who has the authority to issue permits to drain a body of water; and (2) whether the State has any recourse against a company for illegally removing the water?

FACTS

Your…

2Cases cited3 opinions

  1. Buckskin Hunting Club v. BayardLouisiana Court of Appeal · 2004
  2. PEOPLE FOR OPEN WATERS v. Estate of GrayLouisiana Court of Appeal · 1994
  3. Jackson v. WaltonLouisiana Court of Appeal · 1925

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