Toledo Bend Reservoir Conservation Pool Level
Advisory Council

WHEREAS,���pursuant to R.S. 38:2321, et seq., all the territory in the parishes of DeSoto, Sabine, Vernon, Beauregard, Calcasieu, and Cameron, lying within the watershed of the Sabine River and its tributary streams constitute the Sabine River Authority, state of Louisiana, a conservation and reclamation district under the governing authority of a board of commissioners, given powers and duties that include providing for the preservation of the equitable rights of the people of the different sections of the watershed area of the Sabine River and its tributary streams in the beneficial use of the waters of the watershed area, including the Toledo Bend Reservoir; facilitating economic development and promoting recreation within the watershed area; and utilizing, selling and/or leasing the waters or the use of the water of the Sabine River for the generation of hydroelectric power;

WHEREAS,���Act. No. 295 of the 2003 Regular Session of the Louisiana Legislature effective primarily on May 1, 2004, amends R.S. 38:2325 to generally restrict the use of the Toledo Bend Reservoir for hydroelectric power generation or production when the mean sea level of the reservoir is below one hundred sixty-eight (168) feet (hereafter "conservation pool level");

WHEREAS,���the use and levels of the waters of the Sabine River and its tributaries, and restrictions and/or prohibitions concerning their use and levels, impact the utility industry and the people, businesses and municipalities in the watershed area; and

WHEREAS,���the interests of the citizens of the state of Louisiana will best be served by the creation of an advisory council charged with the duty of studying issues and concerns pertaining to the establishment and/or enforcement of a conservation pool level in the Toledo Bend Reservoir, and advising the governor, the Board of Commissioners for the Sabine River Authority, and the Louisiana Legislature regarding the same;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1:���The Toledo Bend Reservoir Conservation Pool Advisory Council (hereafter "Council") is established within the executive department, Office of the Governor.

SECTION 2:���A. The duties of the Council shall include, but are not limited to, the following:

SECTION 3:���A. On or before March 1, 2004, the Council shall submit a preliminary report on the matters set forth in subsection 2(A) of this Order to the governor, the Board of Commissioners of the Sabine River Authority, the chair of the House Committee on Commerce, and the chair of the Senate Committee on Commerce.

SECTION 4:���The Council shall be composed of a maximum of seventeen (17) members who, unless otherwise specified, shall be appointed by and serve at the pleasure of the governor. The membership of the Council shall be selected as follows:

SECTION 5:���The chair of the Council shall be appointed by the governor from the membership of the Council. All other officers, if any, shall be elected by the membership of the Council.

SECTION 6:���The Council shall meet at regularly scheduled intervals and at the call of the chair.

SECTION 7:���A. Council members shall not receive additional compensation or a per diem from the Office of the Governor for serving on the Council.

SECTION 8:���Support staff, facilities, and resources for the Council shall be provided by the Sabine River Authority.

SECTION 9:���All departments, commissions, boards, offices, agencies, and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate with the Council in implementing the provisions of this Order.

SECTION 10:���This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 21st day of August, 2003.

M.J. "Mike" Foster, Jr.

Fox McKeithen
Secretary of State