§ 33:4511 — Franchises for taking, transporting, and selling surface water

A. The governing authority of any parish or municipality, east of the Mississippi River, may grant franchises to private nonprofit corporations for the taking, transporting and sale of surface water from within the geographical limits of such political subdivision to other parishes or municipalities outside the limits of such political subdivision. Such franchises may recognize the authority of the corporation to take water from lakes and streams within the governmental subdivision granting the franchise, and may authorize the transportation and sale of such water outside the limits of the granting subdivision.
B. Corporations holding such franchises, which may be granted on terms and conditions deemed appropriate by the granting authority, shall be deemed to be public utilities within the meaning of the laws of this state, but shall not be subject to regulation by the Public Service Commission insofar as activities hereunder are concerned. Such franchises may be granted without the necessity of an election and without regard to limitations imposed on the granting of franchises by any other statute. Such franchises shall be for a term of not more than sixty years, but may be renewed or extended from time to time for additional periods up to sixty years each.
C. All such franchises, with any contracts entered into for the sale by such corporations of such water and proceeds therefrom may be mortgaged, pledged, or otherwise used to finance the operation, construction, extension, improvement and maintenance of facilities for securing and transporting such water, in the manner and to the extent of private contracts.
D. All laws or parts of laws in conflict herewith are hereby repealed. This Section shall be supplemental to other provisions of the statutes of this state relating to the taking, transporting and sale of water, and franchises and contracts in connection therewith.

Legislative History

Acts 1966, No. 528, §§1, 2.