| Advisory Opinion requests on behalf of Entergy Louisiana, LLC, ExxonMobil Corporation, Georgia-Pacific Port Hudson, LLC, and Baton Rouge Water Works Company regarding prohibitions for employees appointed as members of the Capital Area Groundwater Conservation District Board of Commissioners. |
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The Capital Area Groundwater Conservation District ("District") was created by the Louisiana Legislature through Act No. 678 of 1974 to provide for the efficient administration, conservation, orderly development, and supplementation of groundwater resources by the establishment of a groundwater conservation district composed of the parishes of Ascension, East Baton Rouge, East Feliciana, Pointe Coupee, West Baton Rouge, and West Feliciana. La. R.S. 38:3071. The District is governed by a Board of Commissioners ("District Board") that administers the affairs of the District. La. R.S. 38:3072B. The District Board has the authority to do all things necessary to prevent waste of groundwater resources, and to prevent or alleviate damaging or potentially damaging subsidence of the land surface caused by withdrawal of groundwater within the District, to assess pumping charges against each user of groundwater within the District. La. R.S. 38:3076A. The District Board accomplishes this task by holding hearings, requiring permits and registrations, establishing standards for construction and use of wells, assessing fees, and enforcing reasonable rules and regulations. See La. R.S. 38:3076 and La. Admin. Code Title 56 V-101 - 1113.
Pursuant to La. R.S. 38: 3074, District Board members are appointed by the governor and confirmed by the Senate, in pertinent part as follows:
(2) Three members shall be appointed from nominations by the industrial users in the District.
(3) Three members shall be appointed from nominations by privately or publicly owned entities that furnish water for rural or municipal use within the District. One of the three members shall be from nominations by privately owned users furnishing a municipal water supply.
ENTERGY LOUISIANA LLC
Entergy Louisiana, LLC ("Entergy") has drilled wells in several aquifers under the jurisdiction of the District and uses the groundwater to operate its plants to provide electric and natural gas services to customers across the District. Entergy Louisiana LLC pays a fee to the District quarterly based on the volume of water used at its facilities. As such, Entergy is a regulated industrial user of groundwater within the District.
EXXON MOBIL CORPORATION
Exxon Mobil Corporation ("Exxon Mobil") consists of a refinery and chemical plant in Baton Rouge. Exxon Mobil has frilled wells in several aquifers under the jurisdiction of the District and uses the groundwater to produce steam that heats up and cools down machinery at its facilities. Exxon Mobil also uses groundwater to provide its employees with drinking water. Exxon Mobil pays a fee to the District quarterly based on the volume of water used at its facilities. As such Exxon Mobil is a regulated industrial user of groundwater within the District.
GEORGIA-PACIFIC PORT HUDSON LLC
Georgia-Pacific Port Hudson LLC ("Georgia-Pacific") operates a consumer products facility at Port Hudson in Zachary. Georgia-Pacific uses groundwater to operate its Port Hudson facility and to provide employees with drinking water. Georgia-Pacific pays a fee to the District quarterly based on the volume of water used at the Port Hudson facility. As such, Georgia-Pacific is a regulated industrial user of groundwater within the District.
BATON ROUGE WATER WORKS COMPANY
Baton Rouge Water Works Company ("BR Water") is a privately owned entity that furnishes a municipal water supply within the District. BR Water operates sixty-five groundwater wells which are all under the jurisdiction of the District. The groundwater is collected from deep wells throughout the service area and transported by BR Water to its facilities. BR Water ensures that the water is safe for human consumption and delivers it to the Baton Rouge area on a continuous basis.
In accordance with La. R.S. 38:3079, payments are made quarterly to the District by BR Water for groundwater pumping charges. The District invoices BR Water quarterly for the amount of groundwater pumped during the preceding three months. BR Water then collects payments from its customers, which are the amounts due to the CAGWCC for their individual water usage and remits those funds to the CAGWCC.
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La. R.S. 42:1111C(2)(d): No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115:
A. No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
B. No public employee shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
(1) Conducts operations or activities which are regulated by the public employee's agency.
(2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1117: No public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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