Miss. Code Ann. § 51-9-111 — MS Code / Title 51 / Chapter 5 / Section 9-111
Miss. Code Ann. § 51-9-111
Status: in_force

The board of water commissioners shall make a written report on the preliminary study or plans furnished them and shall, within thirty days after receipt of the said study, file such report with the chancery court setting forth their recommendations concerning the proposed water supply district. After the filing of the report of the board of water commissioners, and upon motion of the petitioners, the chancellor shall enter an order fixing the date for a hearing of the cause on the original petition, the exhibit, the report and recommendations of the board of water commissioners, and any answers filed or other pleadings. The chancery clerk shall give notice of such hearing to all persons interested by posting notices thereof at the door of the courthouse of the county or counties in which the district is situated and in at least ten public places in said proposed district, and also by publishing said notice at least once a week for three consecutive weeks in a newspaper published in Hinds County and in a newspaper published in each of the other counties proposed to be included in such water supply district. If there is no newspaper published in any such county, then it shall be sufficient to publish said notice in a newspaper having a general circulation in such county. Such notice shall be addressed to the property owners and qualified electors of such proposed district and all other persons interested, shall state when and in what court said petition was and is filed, shall state the counties included in such district, and shall command all such persons to appear before the chancery court, or the chancellor in vacation, at the Chancery Court Building in the First Judicial District of Hinds County, upon the date fixed by the chancellor to show cause, if any they can, why the proposed water supply district should not be organized and established as prayed for in said petition. The date of such hearing shall not be less than twenty-one days nor more than forty days after the last publication of such notice. It shall be sufficient in describing the lands to be included in the water supply district to name the counties to be included therein in the publication or notice hereinbefore mentioned.

If the court or chancellor finds that the notice or publication was not given as provided for in this article, it shall not thereby lose jurisdiction, but the court or chancellor shall order due publication or notice to be given and shall continue the hearing until such publication or notice shall be properly given, and the court or chancellor shall thereupon proceed as though publication or notice had been properly given in the first instance.
Miss. Code Ann. § 51-4-15 — MS Code / Title 51 / Chapter 4 / Section 4-15
Miss. Code Ann. § 51-4-15
Status: in_force

(1) The department shall administer this chapter and may promulgate regulations for the specific powers granted under this chapter. In the process of administering the Scenic Streams Stewardship Program, the department shall consider, protect and ensure protection of the rights of private ownership and of the voluntary participants in the Scenic Streams Stewardship Programs.

(2) The department may enter into agreements with local, state and federal agencies, and private landowners, for the mutual management of a scenic stream. An agency which has administrative jurisdiction over lands or interests in land along a state scenic stream must assist the department to implement the policies and practices of this chapter.
Miss. Code Ann. § 51-39-3 — MS Code / Title 51 / Chapter 37 / Section 39-3
Miss. Code Ann. § 51-39-3
Status: in_force

The Legislature hereby finds and declares that:

(a) Storm water may contain contaminants which can degrade surface water quality;

(b) Due to the volume of water and the rate of flow, storm water runoff can pose a flood hazard to public and private property;

(c) The proper management of storm water is of concern to all citizens and is an activity thoroughly affecting the public interest;

(d) In certain areas of the state, the health, safety and welfare of the people of this state require efficient management of storm water;

(e) Federal regulations require portions of some local governments to develop and implement storm water management programs;

(f) There is a need for proper planning, design, construction, operation and maintenance of appropriate measures for the management of storm water; and

(g) There is a need to foster cooperation among local governments in addressing concerns resulting from storm water management, therefore it is necessary and desirable to authorize the creation of storm water management districts by counties and municipalities to plan for, design, acquire, construct, operate and maintain appropriate measures for management of storm water.
Miss. Code Ann. § 51-4-23.6 — MS Code / Title 51 / Chapter 2 / Section 4-23.6
Miss. Code Ann. § 51-4-23.6
Status: in_force

A loop of Bear Creek in Tishomingo County from the Mississippi-Alabama state line where it enters Mississippi to the Mississippi-Alabama state line where it re-enters Alabama, which was designated as eligible for nomination under Section 51-4-21.4 , is designated as a state scenic stream and is included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-13-117 — MS Code / Title 51 / Chapter 1 / Section 13-117
Miss. Code Ann. § 51-13-117
Status: in_force

(1) The board of directors of the district shall have the power to adopt and promulgate all reasonable regulations to secure, maintain, and preserve the sanitary condition of all water in and to flow into any reservoir owned by the district, to prevent waste of water or the unauthorized use thereof, and to regulate residence, hunting, fishing, boating, camping, and all recreational and business privileges along or around any such reservoir, any body of land, or any easement owned by the district.

(2) Such district may prescribe reasonable penalties for the breach of any regulation of the district.
Miss. Code Ann. § 51-9-121 — MS Code / Title 51 / Chapter 8 / Section 9-121
Miss. Code Ann. § 51-9-121
Status: in_force

The Pearl River Valley Water Supply District through its board of directors is hereby empowered:

(a) To impound overflow water and the surface water of the Pearl River or its tributaries within the project area, within or without this district at the place or places and in the amount as may be approved by the Office of Land and Water Resources of the State of Mississippi, by the construction of a dam or dams, reservoir or reservoirs, works, plants, and any other necessary or useful related facilities contemplated and described as a part of the project within or without the district, to control, store, and preserve these waters, and to use, distribute, and sell the same. The Pearl River Valley Water Supply District is also empowered to construct or otherwise acquire within the project area all works, plants, or other facilities necessary or useful to the project for the purpose of processing the water and transporting it to cities and others for domestic, municipal, commercial, industrial, agricultural, and manufacturing purposes and is hereby given the power to control open channels for water delivery purposes.

(b) To acquire and develop any other available water necessary or useful to the project and to construct, acquire, and develop all facilities within the project area deemed necessary or useful with respect thereto.

(c) To prevent or aid in the prevention of damage to person or property from the waters of the Pearl River or any of its tributaries.

(d) To forest and reforest, and to aid in the foresting and reforesting of the project area, and to prevent and aid in the prevention of soil erosion and floods within this area; to control, store, and preserve within the boundaries of the project area the waters of the Pearl River or any of its tributaries, for irrigation of lands and for prevention of water pollution.

(e) To acquire by purchase, lease, gift, or in any other manner (otherwise than by condemnation) and to maintain, use, and operate all property of any kind, real, personal, or mixed, or any interest therein within the project area, within or without the boundaries of the district, necessary for the project and convenient to the exercise of the powers, rights, privileges, and functions conferred upon the district by this article.

(f) To acquire by condemnation all property of any kind, real, personal, or mixed, or any interest therein within the project area not exceeding one-quarter ( 1 / 4 ) mile from the outside line of the three hundred (300) feet above sea level contour on each side of Pearl River except as provided for rights-of-way under subsection (g) of this section, within or without the boundaries of the district, necessary for the project and the exercise of the powers, rights, privileges, and functions conferred upon the district by this article, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone, or telegraph companies. For the purposes of carrying out this article, the right of eminent domain of the district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power, and other companies or corporations, and shall be sufficient to enable the acquisition of county roads, state highways, or other public property in the project area and the acquisition, or relocation, of the above mentioned utility property in the project area; however, Mississippi Highway 43 as presently located shall be kept open as part of the state highway system. The cost of right-of-way purchases, rerouting, and elevating all other county maintained roads affected by construction of the reservoir shall be borne by the water district, and new construction shall be of equal quality as in roads existing as of May 5, 1958. The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the board of directors, and their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of such board in making such determination. However,

(i) In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties within the project area; sand and gravel shall not be considered as minerals within the meaning of this section; and

(ii) No person or persons owning the drilling rights or the right to share in production shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress and egress, pipe lines, and other means of transporting these products by reason of the inclusion of such lands or mineral interests within the project area, whether below or above the water line; but any such activities shall be under such reasonable regulations by the board of directors as will adequately protect the reservoir; and

(iii) In drilling and developing, these persons are hereby vested with a special right to have the mineral interest integrated and their lands developed in such drilling unit or units as the State Oil and Gas Board shall establish after due consideration of the rights of all of the owners to be included in the drilling unit.

Moreover, where any site or plot of land is to be rented, leased, or sold to any person, firm, or corporation for the purpose of operating recreational facilities thereon for profit, then the board shall, by resolution, specify the terms and conditions of the sale, rental, or lease, and shall advertise for public bids thereon. When bids are received, they shall be publicly opened by the board, and the board shall thereupon determine the highest and best bid submitted and shall immediately notify the former owner of the site or plot of the amount, terms, and conditions of the highest and best bid. The former owner of the site or plot shall have the exclusive right at his option, for a period of thirty (30) days after the determination of the highest and best bid by the board, to rent, lease, or purchase said site or plot of land by meeting such highest and best bid and by complying with all terms and conditions of the renting, leasing, or sale as specified by the board. However, the board shall not in any event rent, lease, or sell to any former owner more land than was taken from the former owner for the construction of the project, or one-quarter ( 1 / 4 ) mile of shoreline, whichever is the lesser. If this option is not exercised by the former owner within a period of thirty (30) days, then the board shall accept the highest and best bid submitted.

Any bona fide, resident householder, actually living or maintaining a residence on land taken by the district by condemnation shall have the right to repurchase not exceeding forty (40) acres of his former land or other available land from the board of directors for a price not exceeding the price paid for condemning his land.

(g) To require the necessary relocation of roads and highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipelines and mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners thereof or agreement is had with the owners regarding the payment of the cost of the relocation. It is further provided that the district is hereby authorized to acquire easements or rights-of-way in or outside of the project area for the relocation of the roads, highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipelines and mains and facilities, and to convey the same to the owners thereof in connection with the relocation as a part of the construction of the project; however, the directors of the district shall not close any public access road to the reservoir existing prior to the construction of the reservoir unless the board of supervisors of the county in which the road is located agrees.

(h) To overflow and inundate any public lands and public property, including sixteenth section lands and in lieu lands, within the project area.

(i) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and to use and operate facilities of any kind within the project area necessary or convenient to the project and to the exercise of such powers, rights, privileges, and functions.

(j) To sue and be sued in its corporate name.

(k) To adopt, use, and alter a corporate seal.

(l) To make bylaws for the management and regulation of its affairs.

(m) To employ engineers, attorneys, and all necessary agents and employees to properly finance, construct, operate, and maintain the project and the plants and facilities of the district and carry out the provisions of this article, and to pay reasonable compensation for the services. For all services in connection with the issuance of bonds as provided in this article, the attorney's fee shall not exceed one-quarter of one percent ( 1 / 4 of 1%) of the principal amount of said bonds. For any other services, only reasonable compensation shall be paid for these services. The board shall have the right to employ a general manager, who shall, at the discretion of the board, have the power to employ and discharge employees. Without limiting the generality of the foregoing, it may employ fiscal agents or advisors in connection with its financing program and in connection with the issuance of its bonds.

(n) To make contracts and to execute instruments necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred upon it by this article.

(o) To make or cause to be made surveys and engineering investigations relating to the project, or related projects, for the information of the district to facilitate the accomplishment of the purposes for which it is created.

(p) To apply for and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications heretofore or hereafter made by voluntary associations to these agencies for grants to construct, maintain, or operate any project or projects which hereafter may be undertaken or contemplated by the district.

(q) To do any other acts or things necessary or convenient to the exercising of the powers, rights, privileges, or functions conferred upon it by this article or any other law.

(r) To make contracts in the issuance of bonds that may be necessary to insure the marketability thereof.

(s) To enter into contracts with municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any services, facilities or commodities that the project may provide. The district is also authorized to contract with any municipality, corporation, or public agency for the rental, leasing, purchase, or operation of the water production, water filtration or purification, water supply and distributing facilities of the municipality, corporation, or public agency upon such consideration as the district and such entity may agree. Any such contract may be upon any terms and for any time as the parties may agree, and it may provide that it shall continue in effect until bonds specified therein and refunding bonds issued in lieu of these bonds are paid. Any contract with any political subdivision shall be binding upon said political subdivision according to its terms, and any municipalities or other political subdivisions shall have the power to enter into such contracts as in the discretion of the governing authorities thereof would be to the best interest of the people of the municipality or other political subdivision. These contracts may include, within the discretion of the governing authorities, a pledge of the full faith and credit of the political subdivisions for the performance thereof.

(t) To fix and collect charges and rates for any services, facilities, or commodities furnished by it in connection with the project, and to impose penalties for failure to pay these charges and rates when due.

(u) To operate and maintain within the project area with the consent of the governing body of any city or town located within the district, any works, plants, or facilities of any city deemed necessary or convenient to the accomplishment of the purposes for which the district is created.

(v) Subject to the provisions of this article, from time to time to lease, sell, or otherwise dispose of any property of any kind, real, personal, or mixed, or any interest therein within the project area or acquired outside the project area as authorized in this article, for the purpose of furthering the business of the district.

(w) When, in the opinion of the board of directors as shown by resolution duly passed, it shall not be necessary to the carrying on of the business of the district that the district own any lands acquired, then the board shall advertise these lands for sale to the highest and best bidder for cash and shall receive and publicly open the bids thereon. The board shall, by resolution, determine the highest and best bid submitted for such land and shall thereupon notify the former owner, his heirs or devisees, by registered mail of the land to be sold and the highest and best bid received therefor, and the former owner, or his heirs or devisees, shall have the exclusive right at his or their option for a period of thirty (30) days in which to meet the highest and best bid and to purchase the property.

(x) In addition to, or in conjunction with, any other powers and duties of the district arising under this chapter, to exercise those powers, duties and functions of a joint water management district set forth in Sections 51-8-27 through 51-8-55 , except the power of eminent domain under Section 51-8-33 . Before exercising those powers and duties, the district must comply with the provisions of Sections 51-8-63 and 51-8-65 . In exercising the functions of a joint water management district, the district may apply to the Environmental Quality Permit Board for delegation of those powers and duties as provided by Section 51-3-15 , and to apply to the Mississippi Commission on Environmental Quality for delegation of those powers and duties provided by Section 51-3-21 .

Any transaction regarding any property under the provisions of this section shall be executed in accordance with the provisions of Section 29-1-1 .
Miss. Code Ann. § 51-29-19 — MS Code / Title 51 / Chapter 25 / Section 29-19
Miss. Code Ann. § 51-29-19
Status: in_force

The said commissioners may adopt a common seal of the drainage district and alter the same at pleasure. They may, from time to time, make such bylaws, rules, and regulations, and alter and change the same as they may deem proper, not inconsistent with this chapter and the laws of this state, for the purpose of carrying into effect the object of their incorporation. They shall elect a president from their own number and appoint such other officers, agents, and attorneys, and employ such persons as they may think necessary for the efficient management of their business, and remove them at pleasure. They may do all acts and things not inconsistent with this chapter and with the laws of the state, and proper to effect the purpose and objects of this chapter.

Upon their qualification, the board of commissioners shall prepare plans for the improvement within the district, as prayed for in the petition, and shall procure estimates from a competent engineer or engineers as to the cost thereof. For that purpose, the board of commissioners may employ such engineers and other agents as may be needful, such engineer to give bond in the sum of at least one thousand dollars ($1,000.00), payable to the drainage district and conditioned for the faithful performance of the duties required of the engineer, which bond shall be approved by the board of commissioners, or the president. Said board of commissioners may employ the services of an attorney or a firm of attorneys as may be needed in the prosecution of the work for which the drainage district is organized, may employ such other agents as may be needed, may purchase such material and supplies, and pay for such publications and printing necessary or incidental in the prosecution of the work. Said board of commissioners shall provide for reasonable compensation to the engineer or engineers, attorneys, and other agents, and for the cost of such material, supplies, publications, and printing, and the same shall be taken as a part of the costs of the improvements; or said board of commissioners may borrow money necessary to pay for the services of the engineer or engineers, attorneys, and other agents, and for the cost of such material, supplies, publications, and printing, at a rate of interest not exceeding six per cent, per annum, and may execute a note or notes or other evidences of indebtedness therefor and may renew the same as may be necessary, and the money borrowed for such purposes shall be taken as a part of the costs of the improvements.
Miss. Code Ann. § 51-33-81 — MS Code / Title 51 / Chapter 33 / Section 33-81
Miss. Code Ann. § 51-33-81
Status: in_force

It shall be the duty of the receiver to audit the records of said drainage district so as to show (1) each tract of land originally assessed described with reasonable certainty, (2) the name of the person designated as owner on the original benefit assessment roll, (3) the total amount originally assessed against each tract of land, (4) the total amount of assessed benefits actually paid on each tract of land, (5) the total amount of assessed benefits on each tract of land remaining unpaid and due when the audit is made, and (6) the total amount of unpaid assessments of each tract remaining unpaid but not due. In the event the records of said drainage district have been lost or cannot be found upon diligent search and inquiry, said receiver shall make an audit as best he can, showing the six items above enumerated by taking into consideration the last time annual levy was made as reflected by the order of court, board of supervisors, or other governing authority, and the amount of outstanding and unpaid bonds and interest coupons issued by said drainage district as may be satisfactorily proved to him by the holders of any such bonds, whether said bonds are in their original form or have been reduced to judgment. Said audit shall also show whether or not the bonds issued by said drainage district are in excess of the assessed benefits or other limitations fixed by law at the time such bonds were issued and, if excessive, to what extent. Upon such audit being completed, the receiver shall file the same, together with such supplemental report as he may deem proper or the court may require, and said audit shall be deemed prima facie correct. Upon filing such audit and report, the clerk of said court shall cause to be published once each week for three successive weeks in a newspaper published in said county, or if no newspaper is published in said county, then in some newspaper having a general circulation in said county, a notice and summons directed to all landowners of said drainage district, the holders of its bonds, and judgment holders, that such audit and report of the receiver has been filed in said court and receivership cause and is subject to their inspection and objection. Such notice shall state that unless such landowner, bondholders, or judgment holders shall, on or before the next ensuing term of said court to convene not earlier than thirty days after the first publication, appear and show cause in writing and in detail why said audit is incorrect in any particular, then said audit will be approved and made final, and all parties shall be bound thereby. It shall be the duty of the court to hear and adjudicate all objections made and filed by any landowner or any bondholder, giving to each the right to contest the objection of the other. After all objections have been heard and adjudicated, the court shall enter its final decree, which shall describe with reasonable certainty each tract of land assessed, the name of the owner or the one to whom it was originally assessed, the amount of unpaid benefit assessments which are due and chargeable to each tract, the amount of unpaid benefit assessments which are not due, the names of the bond and judgment holders and the amounts held by each which are found to be legal obligations of said drainage district, and which of such bonds or the percentage thereof are entitled to payment out of the remaining unpaid benefit assessments when collected. Said final decree shall also declare and fix as a statutory lien, paramount to all liens save and except liens for state and county taxes, the amount so found to be owing and unpaid, whether due or not, on each tract of land and shall fix a day, not later than four months after the rendition of said final decree, for the payment of all such unpaid benefit assessments as are found to be then due and owing. Said decree shall also provide for a sale by the receiver of any and all tracts of land therein mentioned on which the amount so assessed and fixed as a lien is due and shall remain unpaid on the day fixed for its payment. Publication of notice of such sale shall be made in manner and form and for the time required by law for the sale of land delinquent for general taxes, such sale to take place at the court house of said county within legal hours on the day named in the published notice of sale. The court may from time to time order further sales of any such land for the remaining assessed benefits which shall later mature. From such final decree any interested landowner and bondholder may appeal to the supreme court in the manner provided by law generally for such appeals.
Miss. Code Ann. § 51-39-25 — MS Code / Title 51 / Chapter 35 / Section 39-25
Miss. Code Ann. § 51-39-25
Status: in_force

The district shall have all the rights and powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the following:

(a) To sue and be sued in its own name;

(b) To adopt an official seal and alter the seal at its pleasure;

(c) To maintain an office or offices at any place or places within the geographic boundaries of its members as it may determine;

(d) To acquire, construct, improve, or modify, to operate or cause to be operated and maintained, either as owner of all or of any part in common with others, a storm water management system within the counties or municipalities in the district. The district may pay all or part of the cost of any storm water management system from any contribution by persons, firms, public agencies or corporations. The district may receive, accept, and use all funds, public or private and pay all cost of development, implementation and maintenance as may be determined as necessary for any project;

(e) To acquire, in its own name, by purchase on any terms and conditions and in any manner as it may deem proper, except by eminent domain, property for public use, or by gift, grant, lease, or otherwise, real property or easements therein, franchises and personal property necessary or convenient for its corporate purposes. These purposes shall include, but are not limited to, the constructing or acquiring of a storm water management system; the improving, extending, reconstructing, renovating, or remodeling of any existing storm water management system or part thereof; or the demolition to make room for any project or any part thereof. The district may insure the storm water management system against all risks as any insurance may, from time to time, be available. The district may also use any property and rent or lease any property to or from others, including public agencies, or make contracts for the use of the property. The district may sell, lease, exchange, transfer, assign, pledge, mortgage or grant a security interest for any property. The powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in that property, whether divided or undivided. Title to any property of the district shall be held by the district exclusively for the benefit of the public;

(f) To adopt, modify, repeal and promulgate rules and regulations implementing or effectuating the powers and duties of the district under any statute within the district's jurisdiction, and where otherwise not prohibited by federal or state law, to make exceptions to and grant variances and exemptions from, and to enforce those rules and regulations. Those rules and regulations may include, but shall not be limited to, rules and regulations for (i) the management of the district's business and affairs; (ii) the use, operation, maintenance or implementation of the district's storm water management system or any portion of that system, facility or any other property owned or operated by the district; and (iii) specifications and standards relating to the planning, design or construction of the storm water management system or any facility owned or operated by the district;

(g) To enter into contracts or leases with any person or public agency and to execute all instruments necessary or convenient for construction, operation, and maintenance of the storm water management system and leases of projects. Without limiting the generality of the above, authority is specifically granted to units of local government and to the district to enter into contracts, lease agreements, or other undertaking relative to the furnishing of storm water management system services or facilities or both by the district to a unit of local government and by a unit of local government to the district;

(h) To exercise any powers, rights, or privileges conferred by this chapter either alone or jointly or in common with any other public or private parties. In any exercise of any powers, rights, and privileges jointly or in common with others for the construction, operation, and maintenance of facilities, the district may own an undivided interest in any facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter and may enter into any agreement with respect to any facility with any other party participating in those facilities. An agreement may contain any terms, conditions, and provisions, consistent with this section, as the parties to the agreement shall deem to be in their best interest, including, but not limited to, provisions for the planning, design, construction, operation, implementation and maintenance of any facility by any party to an agreement. Any party or parties shall be designated in or under any agreement as agent or agents on behalf of itself and one or more of the other parties to the agreement, or by any other means as may be determined by the parties. The agreement shall include a method or methods of determining and allocating, among the parties, costs of planning, design, construction, operation, maintenance, renewals, replacements, improvements, and disposal related to any facility. In carrying out its functions and activities as an agent with respect to planning, design, construction, operation, and maintenance of any facility, the agent shall be governed by the laws and regulations applicable to that agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. The agent shall act for the benefit of the public. In any agreement, the district may delegate its powers and duties related to the planning, design, construction, operation, and maintenance of any facility to the party acting as agent and all actions taken by that agent in accordance with the agreement may be binding upon the district without further action or approval of the district;

(i) To apply, contract for, accept, receive and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, the state, a unit of local government, or any agency, department, authority, or instrumentality of any of the foregoing, upon any terms and conditions as the United States, the state, a unit of local government, or any agency, department, authority, or instrumentality shall impose. The district may administer trusts. The district may sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets;

(j) To employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting and other professional services;

(k) To assume or continue any contractual or other business relationships entered into by the municipalities or counties who are members of the district, including the rights to receive and acquire transferred rights under option to purchase agreements;

(l) To enter on public or private lands, waters, or premises for the purpose of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the district, subject to responsibility for any damage done to property entered;

(m) To do and perform any acts and things authorized by this chapter under, through or by means of its officers, agents and employees, or by contracts with any person; and

(n) To do and perform any and all acts or things necessary, convenient or desirable for the purposes of the district, or to carry out any power expressly granted in this chapter.
Miss. Code Ann. § 51-13-127 — MS Code / Title 51 / Chapter 9 / Section 13-127
Miss. Code Ann. § 51-13-127
Status: in_force

Bonds issued pursuant to this article shall not exceed twenty-five million dollars ($25,000,000.00) in principal amount.
Miss. Code Ann. § 51-9-107 — MS Code / Title 51 / Chapter 8 / Section 9-107
Miss. Code Ann. § 51-9-107
Status: in_force

All powers of the district shall be exercised by a board of directors, to be composed of the following:

(a) Each member of the Pearl River Industrial Commission whose county becomes a part of the Pearl River Valley Water Supply District shall be a member of the Board of Directors of the Pearl River Valley Water Supply District. Such directors shall serve on this board during their term of office on the Pearl River Industrial Commission. In addition, the board of supervisors of each county that becomes a part of the district shall appoint one (1) additional member, who shall serve for a term concurrent with the terms of the members of the board of supervisors. The members shall be appointed at the first meeting of the board of supervisors in January after the supervisors take office. The members appointed from Madison County and Rankin County shall be persons who reside on and are holders of residential leases from the Pearl River Valley Water Supply District that are located in Madison County and Rankin County, respectively, or who reside in established subdivisions in Madison County and Rankin County, respectively, in which some of the residential property of the subdivision is leased from the Pearl River Valley Water Supply District.

The members appointed from Madison County and Rankin County who are serving on July 1, 2012, shall continue to serve until January 1, 2013, after which date the Board of Supervisors of Madison County and the Board of Supervisors of Rankin County each shall appoint one (1) member who meets the residency requirements of this section. The persons appointed under the provisions of this paragraph shall serve for the remainder of the unexpired term.

(b) The Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, Forestry Commission and the State Board of Health of the State of Mississippi shall each appoint one (1) director from that department to serve on the Board of Directors of the Pearl River Valley Water Supply District to serve at the pleasure of the respective board appointing him. From and after January 1, 2013, each of the members appointed under this paragraph (b) shall be a person who resides on and is a holder of a residential lease from the Pearl River Valley Water Supply District.

(c) Each director shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the clerk and by him preserved.

(d) Each director shall receive per diem compensation in the amount as provided in Section 25-3-69 for attending each meeting of the board and for each day spent in attending to the necessary business of the district and shall be reimbursed for actual expenses thus incurred upon express authorization of the board, including travel expenses, as provided in Section 25-3-41 .

(e) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), and the premiums on those bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of office and account for all money which shall come into his custody as treasurer or director of the district.
Miss. Code Ann. § 51-29-17 — MS Code / Title 51 / Chapter 27 / Section 29-17
Miss. Code Ann. § 51-29-17
Status: in_force

The commissioners appointed as aforesaid shall hold their offices, one (1) for two (2) years, one (1) for four (4) years, and one (1) for six (6) years, from the date of their appointment and until their successors are appointed and qualified. On the expiration of their terms of office, their successors shall be appointed in like manner for the term of six (6) years thereafter. They shall hold their meetings at any time and place in the county or counties in which any part of the district is situated, upon the call of the president.

The commissioners herein provided for shall receive per diem compensation as provided by Section 25-3-69 , together with mileage as provided in Section 25-3-41 for the distance traveled from their homes to and from the place of meeting.
Miss. Code Ann. § 51-41-31 — MS Code / Title 51 / Chapter 37 / Section 41-31
Miss. Code Ann. § 51-41-31
Status: in_force

(1) The water authority may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and interest, if any, on any bonds of the water authority previously issued under this chapter and then outstanding, whether or not the principal and interest have matured at the time of the refunding under this chapter, and for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem or retire the bonds to be refunded.

(2) The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued.

(3) Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof by immediate application or by escrow deposit, with the right to invest monies in the escrow deposit until needed for the redemption or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby. However, the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange before the date on which they may be paid or redeemed by the water authority under their respective provisions.

(4) Any refunding bonds of the water authority shall be payable solely from the revenues out of which the bonds to be refunded were payable or from those other sources or other revenues that might be identified in the indenture.

(5) All provisions of this chapter pertaining to bonds of the water authority that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by the water authority.
Miss. Code Ann. § 51-31-41 — MS Code / Title 51 / Chapter 26 / Section 31-41
Miss. Code Ann. § 51-31-41
Status: in_force

Upon entering such order of record upon the minutes of said court, said district is hereby declared by law to be organized as a drainage district, by the name mentioned in such petition and order of the court or chancellor in vacation and by the boundaries fixed by the order confirming the report of said commissioners, and is hereby declared to be a body politic and corporate by the name mentioned in said order of the court, with the right to have perpetual succession and to adopt and use a corporate seal. The commissioners and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authorities of said district and shall exercise the functions conferred upon them by this chapter.
Miss. Code Ann. § 51-8-1 — MS Code / Title 51 / Chapter 8 / Section 8-1
Miss. Code Ann. § 51-8-1
Status: in_force

(1) Any two (2) or more local governmental units, being defined herein to mean a county or municipality, may create a joint water management district in the manner set forth in this chapter.

(2) If any local governmental unit is located within an existing water management district, then the local governmental unit shall petition the district to provide a service or function needed by the petitioning unit, provided the service or function is one which the district has the power and authority to perform. Upon receipt of the petition, the existing district shall have ninety (90) days within which to respond affirmatively to the petition, setting forth its intent to meet the need or perform the service or function and its proposal or plan for meeting the need or performing the service or function. If the existing water district does not affirmatively respond in a timely fashion, then any two (2) or more local governmental units may create a joint water management district in the manner set forth in this chapter.

(3) The joint water management district may include any geographic area within the boundaries of the interested governmental units.

(4) A joint water management district may be created although adequate water supply, flood control, drainage or other water or wastewater management activities are being undertaken by one or more of the local governmental units interested in creating a joint water management district or by another corporate agency existing and operating within the geographical area of the joint water management district. The term “corporate agency,” as used herein, means any agency or subdivision of the state or federal government, any body politic and corporate created under the laws of this state, any utility, or any public or private profit or nonprofit corporation.
Miss. Code Ann. § 51-31-97 — MS Code / Title 51 / Chapter 17 / Section 31-97
Miss. Code Ann. § 51-31-97
Status: in_force

If the owner or owners of any lands lying outside of a drainage district have made or shall hereafter make connection with the main ditch or drain or with any branch or lateral ditch or drain within the district, or if any such land is drained into the ditches and drains of a drainage district by ditches or drains constructed either before or after the organization of such drainage district, and if in either case the lands outside of such drainage district are benefited by the work done in such drainage district, the owner or owners shall be deemed to have made voluntary application to be included in such drainage district. Thereupon, the commissioners shall make a complaint in writing, stating the description of such land or lands benefited, the amount of benefits, the name of the owner or owners thereof, and the description of the drain or ditch making connection with the ditches as near as may be, and file said complaint in the chancery court where said district was organized. Said court or chancellor in vacation shall fix a day, not less than twenty-five days from the filing of the petition, when it shall hear such complaint; and thereupon the clerk of said court shall give each of the landowners notice of said proceedings by mailing each of them notice of said complaint to their post-office addresses not less than ten days prior to the date for said hearing, or personal service may be served on each of them as provided in ordinary suits not less than five days prior to the date of the hearing. On the hearing of the complaint and the issues joined, if any, if the court or chancellor finds the allegations in the complaint true, it shall decree that such lands, or such parts thereof as are benefited, be joined to said district petitioning. Such lands shall thereafter be a part of said petitioning district lands and shall be assessed and dealt with accordingly. Benefits, damages, and assessments may thereafter be made against such added lands on the same notice and under the same proceedings as against lands in the district originally, and said added lands shall be made to appear on the assessment rolls of the district as other lands of the district.
Miss. Code Ann. § 51-31-81 — MS Code / Title 51 / Chapter 26 / Section 31-81
Miss. Code Ann. § 51-31-81
Status: in_force

At the end of the fiscal year after the organization of said drainage district and annually thereafter, the said commissioners shall make a report showing the amount of money levied for main district purposes, the amount of orders issued, the purposes for which issued, to whom payable, the amount of money on hand, and the amounts levied and expended for each and every subdistrict or lateral drain laid out and established by them. If at any time it shall appear that there is not sufficient funds to pay for any work done or contemplated, the commissioners may make a levy for the amount required to finish paying for the work already done or to perform the contemplated work; if any landowner shall feel aggrieved at any such assessments, he may have the right to appear in said court and file his objections to such additional levies for repairs and improvements, and the court shall hear and determine the same as justice and equity shall require.
Miss. Code Ann. § 51-7-9 — MS Code / Title 51 / Chapter 1 / Section 7-9
Miss. Code Ann. § 51-7-9
Status: in_force

A petition for creation of a master water management district shall set forth the proposed name of the district, the necessity for the district, and a general description of the region intended to be embraced therein; and it shall pray for the organization of the district by the name proposed.
Miss. Code Ann. § 51-8-57 — MS Code / Title 51 / Chapter 8 / Section 8-57
Miss. Code Ann. § 51-8-57
Status: in_force

When any district is created within three (3) miles of the corporate boundaries of any existing municipality, the municipality is empowered to require such district to construct and maintain all facilities, whether purchased or constructed, to standards commensurate with those of the adjoining municipality; provided, however, the governing authorities of the municipalities may specifically waive compliance with any or all of such requirements.
Miss. Code Ann. § 51-29-45 — MS Code / Title 51 / Chapter 27 / Section 29-45
Miss. Code Ann. § 51-29-45
Status: in_force

The chancery court or chancellor in vacation shall, at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board of commissioners of the district so to do, enter upon the minutes of the chancery court an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a special assessment or levy to pay the estimated cost of the improvement, with not less than ten per cent added for unforeseen contingencies. The amount to be assessed upon each tract of land included within the district shall be such part of the estimated cost of the improvement as the assessment of benefits against such tract bears to the assessment of benefits against all the real property in the district. Said assessments are to be paid in annual installments, not to exceed ten per cent in any one year, as provided in such order; but if any landowner elects, he may pay the whole amount of the assessment against his land before it becomes due or at any time thereafter, or all or any part of said assessment at any time he sees fit, provided such payment is made before any bonds are issued by the district.

The assessment or assessments so levied shall be a lien on all of the real property of the district from the time that the same is levied by the chancery court or chancellor in vacation in an amount not to exceed the total amount of estimated benefits on all the real property in the district, shall be entitled to preference to all demands, executions, encumbrances, or liens whatsoever, and shall continue until such assessment, with any penalty and costs that may accrue thereon, shall have been paid. The remedy against such assessment shall be by appeal to the supreme court, and such appeal must be taken within twenty days from the time that said assessment has been made by the chancery court, or chancellor in vacation. On such appeal the presumption shall be in favor of the legality of the assessment.
Miss. Code Ann. § 51-31-23 — MS Code / Title 51 / Chapter 26 / Section 31-23
Miss. Code Ann. § 51-31-23
Status: in_force

Where the land to be included in a proposed drainage district lies wholly within one county or a judicial district of a county, the petition for the organization of the district shall be filed in the chancery court of such county or judicial district. Where the lands to be included in such proposed drainage district lie in two or more districts or counties in this state, the petition shall be filed in the chancery court of the county or judicial district in which the greatest or greater number of acres of land to be included lie. Such chancery court or the chancellor thereof shall have jurisdiction of the entire drainage district, whether all of the proposed lands of the drainage district lie within the chancery court district, or a part of the lands lie outside thereof.
Miss. Code Ann. § 51-31-53 — MS Code / Title 51 / Chapter 27 / Section 31-53
Miss. Code Ann. § 51-31-53
Status: in_force

At the time of confirming the assessments of benefits and damages and the estimated costs of the work proposed, the court or chancellor may order the assessments to be paid in installments, in such amounts and at such times as may be convenient for the accomplishment of the work proposed or the payment of bonds issued therefor; otherwise, the whole amount of such assessments shall be payable on the confirmation of such assessments. The assessments and installments thereof shall draw interest at the rate of not exceeding six percent (6%) per annum, payable annually, from the date of the confirmation; but if any owner elects he may pay the whole amount of the assessment and interest against any part of his property, or all of it, before it becomes due and within thirty days from the date of the confirmation of the assessments and benefits and before the issuance of bonds for the district, and all such property paid on shall not be liable for the payment of such bonds and assessments further. All assessments for benefit and assessments for doing the work of the district shall be a lien upon the lands of the district, assessed specifically against such lands which have not had their assessments paid, and shall continue until such assessments are levied and paid. In case any assessment and accrued interest is not paid when due, the specific land against which said assessment is made shall be advertised and sold by the tax collector of the county, as he is required to sell lands delinquent for state or county taxes; and all the provisions of the laws of this state in reference to the sale of lands to enforce the payment of state and county taxes are hereby declared to be and hereby are made a part of this chapter to enforce the payment of the assessments herein authorized to be made. All drainage assessments shall be collected by the tax collector of the county at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment of drainage assessments as for nonpayment of state and county taxes.

At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.
Miss. Code Ann. § 51-13-1 — MS Code / Title 51 / Chapter 1 / Section 13-1
Miss. Code Ann. § 51-13-1
Status: in_force

There is hereby created the Tombigbee Valley Authority composed of Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Prentiss, Pontotoc, Alcorn, and Tishomingo Counties in the State of Mississippi, to be governed by a board consisting of one member from each such county and three members from the state at large, all to be appointed by the governor to serve for a term of four years or until their successors are appointed and qualified. The governor shall designate in his appointment the chairman and vice-chairman thereof. They shall serve without pay except for their actual traveling expenses and other necessary expenses incurred in the performance of their official duties, to be reimbursed as in the case of state employees under the provisions of general law. Upon appointment, said members shall meet and organize at Columbus, Mississippi, set a regular time and place for the meetings of the authority, secure offices and all necessary equipment, and obtain such engineering, professional, clerical, and other assistance as may be necessary in order to accomplish the purposes of this article. An executive director may be appointed by the board if this is deemed advisable, and salaries of all personnel may be paid out of funds provided under the terms of this article in an amount agreeable to the authority.
Miss. Code Ann. § 51-13-7 — MS Code / Title 51 / Chapter 7 / Section 13-7
Miss. Code Ann. § 51-13-7
Status: in_force

No reimbursement on the additional tax levies herein provided shall be made under the Homestead Exemption Law of 1946, being Sections 27-33-1 through 27-33-61 of the Mississippi Code of 1972 .
Miss. Code Ann. § 51-9-173 — MS Code / Title 51 / Chapter 7 / Section 9-173
Miss. Code Ann. § 51-9-173
Status: in_force

For purposes of this article, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:

(a) “District” means the Pearl River Valley Water Supply District.

(b) “Qualified person” means a person who:

(i) Has met all the educational and training requirements of a course of study prescribed and conducted by the Mississippi Law Enforcement Officers' Training Academy; and

(ii) Is of good moral character and has not been convicted of any crime involving moral turpitude.
Miss. Code Ann. § 51-13-151 — MS Code / Title 51 / Chapter 2 / Section 13-151
Miss. Code Ann. § 51-13-151
Status: in_force

Any municipality or county which is within the territorial limits of the district may advance funds to said district to pay the preliminary expenses, including engineers' reports, organization, or administration expenses, on such terms of repayment as the governing body of such municipality or county shall determine. Notwithstanding the provision of any law to the contrary, any such municipality or county is authorized and empowered to borrow money for a period not to exceed one year from the date of such borrowing, for the purpose of making such advances. The board of directors is hereby authorized to repay any such advances from the proceeds of any funds for bonds issued under the provisions of this article.

Any board of supervisors may, in its discretion, transfer any funds authorized by Sections 51-13-129 and 51-13-131 , to the depository of the Tombigbee River Valley Water Management District to be expended for any of the purposes of the district. The said district is authorized to expend all funds coming into its depository for any legitimate purpose authorized by law.
Miss. Code Ann. § 51-31-15 — MS Code / Title 51 / Chapter 25 / Section 31-15
Miss. Code Ann. § 51-31-15
Status: in_force

A majority of the commissioners shall constitute a quorum, and the concurrence of a majority of their number in any matter within their duties and authority under this chapter shall be sufficient to bind the said board.
Miss. Code Ann. § 51-29-1 — MS Code / Title 51 / Chapter 29 / Section 29-1
Miss. Code Ann. § 51-29-1
Status: in_force

This chapter shall govern the future operation of all drainage districts heretofore organized or now in process of organization under the provisions of Chapter 195 of the Laws of 1912 and amendments thereto, and such other districts as may hereafter be organized under the provisions of this chapter, or which may elect to come within its provisions in the manner herein provided.

All of the provisions of Chapters 31 and 33 of this title which are not contained in this chapter, and which do not conflict with any of the provisions of this chapter, shall apply to any districts organized or operating hereunder.
Miss. Code Ann. § 51-31-95 — MS Code / Title 51 / Chapter 25 / Section 31-95
Miss. Code Ann. § 51-31-95
Status: in_force

If in the construction of such ditches the same shall cross any public road, it shall be the duty of the drainage commissioners to notify the board of supervisors of such county in which such public road is located, at some regular meeting of said board held prior to a day which is thirty days next before the time fixed in such notice for the time at which the proposed work shall be constructed across said public road, stating in such notice the width and depth of such proposed work. It shall be the duty of the board of supervisors to cause to be removed and constructed, at the expense of the county, all bridges necessary to be removed or constructed, same to be done at such time as is reasonable, with a view to the convenience of the public and without unreasonable delay to the prosecution of such work.

Contracts may be made by the board of supervisors for such removal and construction of such bridge or bridges, without first advertising for bids where the cost of any one bridge does not exceed one hundred dollars.
Miss. Code Ann. § 51-3-7 — MS Code / Title 51 / Chapter 2 / Section 3-7
Miss. Code Ann. § 51-3-7
Status: in_force

(1) Notwithstanding the provisions of this chapter, a person using water for only domestic purposes shall not be required to obtain a permit to use water for domestic purposes, and no permit shall be required for the use of surface water in impoundments that are not located on continuous, free-flowing watercourses. No permit shall be required for any use of water obtained from a well with a surface casing diameter of less than six (6) inches; however, a permit shall be required of a person in the business of developing real property for resale who desires to withdraw water from a well, regardless of surface casing diameter, that is to be used for maintaining or enhancing an impoundment of surface water primarily for aesthetic purposes. If the commission declares and delineates a water use caution area as provided in Section 51-3-11 , the permit board may require permits for withdrawals of water in excess of twenty thousand (20,000) gallons per day, including withdrawals of water for uses exempted under this subsection.

(2) The board shall have the authority to permit the use of water of any stream only in excess of the established minimum flow as based upon records or computations by the commission. However, exceptions may be made for municipal users. The board may authorize any permittee to use the established minimum flow upon written assurance, supported by any data and reporting requirements that the board deems appropriate that the water will be immediately returned to the stream in substantially the same amount to insure the maintenance at all times of the established minimum flow. The board may authorize a permittee to use the established minimum flow for industrial purposes when the water shall be returned to the stream at a point downstream from the place of withdrawal, where the board finds that the use will not result in any substantial detriment to property owners affected thereby or to the public interest.

(3) The board shall have the authority to permit the use of water of any lake only in excess of the established average minimum lake level as based upon records or computations by the commission. However, exceptions may be made for municipal users. The board, upon affording a hearing to interested parties, may authorize any permittee to use below the established average minimum level when such use will not affect plans for the proper utilization of the water resources of the state, or the commission may establish a level above the established average minimum lake level, after affording an opportunity for a hearing, where plans for the proper utilization of the water resources of the state require it.

(4) No use of water shall be authorized that will impair the effect of stream standards set under the pollution control laws of this state based upon a minimum stream flow.

(5) No use of water shall be authorized or continued that will impair the navigability of any navigable watercourse.

(6) No use of water shall be permitted if the use shall cause mining of any aquifer unless the board shall find that the use is essential to the safety of human life and property or unless the applicant for a permit for such use can show to the satisfaction of the board that he or another person of sufficient financial capability has applied for permit or made any other definite commitment to a plan to acquire water from another source in lieu of the water being mined from the aquifer and which will not also result in mining of any other aquifer.
Miss. Code Ann. § 51-9-147 — MS Code / Title 51 / Chapter 7 / Section 9-147
Miss. Code Ann. § 51-9-147
Status: in_force

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employee's Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-8-49 — MS Code / Title 51 / Chapter 2 / Section 8-49
Miss. Code Ann. § 51-8-49
Status: in_force

The property and revenue of such district shall be exempt from all state, county and municipal taxation. Bonds issued pursuant to this chapter and the income therefrom shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes, and it may be so stated on the face of said bonds.
Miss. Code Ann. § 51-9-205 — MS Code / Title 51 / Chapter 4 / Section 9-205
Miss. Code Ann. § 51-9-205
Status: in_force

(1) The district shall have the power and is hereby authorized, from time to time, to issue bonds without notice and without an election on the question of the issuance thereof in such principal amounts as the district may determine to be necessary to provide sufficient funds for achieving the purposes of this act, including, without limiting the generality of the foregoing, to defray the cost of the acquisition, construction, improvement or extension of the waterworks or water supply system or any part thereof, whether or not such facilities are owned by the district, the payment of interest on bonds of the district issued pursuant to this act, establishment of reserves to secure such bonds and payment of the interest thereon, expenses incident to the issuance of such bonds and to the implementation of the district's waterworks, water supply system and all other expenditures of the district incident to or necessary or convenient to carry out the purposes of this act. The bonds authorized by this act shall never constitute nor give rise to a pecuniary liability of the district, or a charge against its general credit or taxing powers and shall not constitute general obligations of the state.

(2) Bonds of the district issued pursuant to this act shall be payable from and secured by a pledge of all or any part of the revenues under any contract entered into pursuant to this act and from all or any part of the revenues derived from the operation of the waterworks and water supply system or any part thereof, as may be determined by the district, subject only to any agreement with the registered owners of the bonds. Such bonds may be further secured by a trust indenture between the district and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state.

(3) Bonds of the district issued pursuant to this act shall be authorized by a resolution or resolutions of the district. Such bonds shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, carry such conversion privileges, have such rank or priority, be executed in such manner and by such officers, be payable from such sources in such medium of payment at such place or places within or without the state, provided that one (1) such place shall be within the state, be subject to such terms of redemption prior to maturity, all as may be provided by resolution or resolutions of the district; however, such bonds shall not bear a greater overall interest rate to maturity than that allowed in Section 75-17-103, Mississippi Code of 1972 .

(4) Bonds of the district issued pursuant to this act may be sold at a price not less than ninety-seven percent (97%) of par value plus accrued interest, at public or private sale, at such times as may be determined by the district to be in the public interest, and the district may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with the issuance and sale thereof.

(5) Any pledge of earnings, revenues or other moneys made by the district shall be valid and binding from the time the pledge is made. The earnings, revenues or other moneys so pledged and thereafter received by the district shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the district irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

(6) Neither the directors of the district nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(7) Whenever any bonds shall have been signed by the officer(s) designated by the resolution of the district to sign the bonds who were in office at the time of such signing but who may have ceased to be such officer(s) prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the manual or facsimile signatures of such officer(s) upon such bonds shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially executing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
Miss. Code Ann. § 51-29-117 — MS Code / Title 51 / Chapter 17 / Section 29-117
Miss. Code Ann. § 51-29-117
Status: in_force

Whenever an appeal is allowed to be prosecuted under this chapter, the same shall be taken within the time fixed by this chapter. If the appeal be from an order of the board of supervisors, same shall be perfected in the same manner as an appeal from orders of the board of supervisors approving tax assessment. If the appeal be from an order of the chancery court or chancellor in vacation, such appeal shall be prosecuted in like manner as is provided by law for the prosecution of appeals from other decrees of said court, but must be within the time fixed by this chapter for appealing.

No appeal herein provided for shall be allowed to delay the organization of the district, or the progress of the work or improvement.
Miss. Code Ann. § 51-9-119 — MS Code / Title 51 / Chapter 7 / Section 9-119
Miss. Code Ann. § 51-9-119
Status: in_force

Any person interested in or aggrieved by the final order of the court or the chancellor, creating the water supply district or dismissing the petition or admitting a county to the district, and who was a party to the proceedings in the chancery court may prosecute an appeal therefrom within ten days from the date of such decree by furnishing an appeal bond in the sum of five hundred dollars ($500.00) with two good and sufficient sureties, conditioned to pay all costs of the appeal in the event the decree is affirmed. Such appeal bond shall be subject to the approval of the chancery clerk. When the transcript of the record of the case shall be filed in the office of the supreme court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on appellee or his attorney the court shall consider such case as entitled to be heard. Any party to any proceeding in any court involving any of the provisions of this article may waive any time for filing pleadings so as to obtain an earlier hearing.

Any appeal from such order or decree of the chancery court or chancellor shall be a preference case in the supreme court and shall be tried at the earliest moment convenient with said court.
Miss. Code Ann. § 51-29-115 — MS Code / Title 51 / Chapter 29 / Section 29-115
Miss. Code Ann. § 51-29-115
Status: in_force

Subdistricts may be formed under this chapter in the following manner: When one third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage or real property within a proposed subdistrict, composed of lands wholly within a district or partly within and partly without such district, shall petition the chancery court to establish a subdistrict to embrace their property, describing generally the region which it is intended shall be embraced within the subdistrict, and shall file a good bond to pay for the expenses of the survey of the proposed subdistrict in case the district is not formed, it shall be the duty of the chancery court, or chancellor in vacation, to enter an order directing the commissioners of the main district to forthwith proceed to cause a survey to be made and to ascertain the limits of the region which will be benefited by a proposed system of improvements, giving a general idea of its character and the costs of drainage, and making such suggestions as to the size of the drainage ditches and their location as the commissioners may deem advisable, and to file their report with the clerk of the chancery court. All expenses of preparing such plans and estimates and costs of publication shall be paid by the board of supervisors, as the work progresses, upon proper showing by the commissioners of said district; but all expenses incurred by said subdistrict shall be repaid out of the proceeds of the first money received by the proposed subdistrict.

The clerk of the chancery court shall thereupon give notice by publication for two weeks by two insertions in some newspaper published in the county or counties in which said subdistrict will be located, calling upon all persons owning real property within said subdistrict to appear before the chancery court, or chancellor in vacation, on some day fixed by said clerk not less than ten days after the last publication to show cause in favor of or against the establishing of the subdistrict. If it shall appear to the court or chancellor that the organization of the proposed subdistrict will conduce to the public benefit and to the interest of real property therein, it shall make an order upon its records establishing said subdistrict. Nothing in this section shall be construed so as to prohibit the formation and organization of a drainage district wholly or partly within a district already organized. A district independent of the district already organized may be organized where a part or all of the lands are not in the district already organized, provided that a third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage or real property within such proposed district shall petition the chancery court of any county of such district to constitute them a drainage district under the terms of this chapter, and thereupon proceedings shall be had in all respects in conformity with this chapter for the creation of a drainage district under its terms. When such a district is organized as now provided by law for the organization of drainage districts, it shall have all the rights, powers, and privileges of any other district, having its commissioners and other officers selected in the manner now provided by law; and such district shall have full power to make and levy assessments, issue bonds independent of any other district, and to do all other things now provided by law for the formation and organization of drainage districts. When any such district is organized, the several parcels of land thereof that are included within the corporate limits of any district shall still be liable to the district already organized for assessments for benefits thereafter levied, if any are received by them; and in like manner shall receive credit for any work done which is a benefit to the district already organized. The foregoing provisions of this chapter shall apply to the organization of the subdistrict, the same as to the organization of the district.

When the court or chancellor has established a subdistrict, he shall appoint the commissioners of the subdistrict; and the proceedings thereafter shall conform in all respects to the provisions of this chapter relating to the drainage district. Said commissioners are empowered and authorized to issue bonds of said subdistrict, and said bonds shall be designated as the bonds of said subdistrict; and all the foregoing provisions of this chapter in reference to the issuance of the bonds of said drainage district shall apply to and govern the issuance of bonds of each particular subdistrict. The proceeds of the sale or money obtained on the bonds of any subdistrict shall be used and applied exclusively to the work of constructing and maintaining the internal drains of said subdistrict in the carrying out and perfecting its internal drains. Separate accounts shall be kept by the treasurer and depositories of said commission with each subdrainage district, so that there can be seen at all times the exact financial condition of each subdistrict, both as to its receipts and disbursements.
Miss. Code Ann. § 51-41-15 — MS Code / Title 51 / Chapter 39 / Section 41-15
Miss. Code Ann. § 51-41-15
Status: in_force

The officers of the water authority shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board deems necessary to accomplish the purposes for which the water authority was organized. All officers of the water authority shall be persons who receive water service from the water authority. The offices of secretary and treasurer may, but need not, be held by the same person. The treasurer or secretary-treasurer shall be required to execute a bond payable to the water authority, in a sum and with such security as fixed and approved by the board. All officers of the water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws.
Miss. Code Ann. § 51-9-143 — MS Code / Title 51 / Chapter 9 / Section 9-143
Miss. Code Ann. § 51-9-143
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-9-133 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article, which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district described in the trust agreement, on behalf of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.
Miss. Code Ann. § 51-9-209 — MS Code / Title 51 / Chapter 8 / Section 9-209
Miss. Code Ann. § 51-9-209
Status: in_force

All bonds (other than refunding bonds, interim notes and certificate of indebtedness) issued pursuant to this act shall be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972; provided, however, that notice of such validation proceedings shall be addressed to the taxpayers of any public agency (i) which has contracted with the district pursuant to this act and whose contracts and the payments to be made by the public agency thereunder constitute security for the bonds of the district proposed to be issued, or (ii) which is a member of the district. Such notice shall be published at least once in a newspaper or newspapers having a general circulation within the geographical boundaries of each of the public agencies to whose taxpayers the notice is addressed. Such validation proceedings shall be instituted in the First Judicial District of the Chancery Court of Hinds County. The validity of the bonds so validated and of the contracts and payments to be made by the public agencies thereunder constituting security for the bonds shall be forever conclusive against the district and the public agencies which are parties to said contracts; and the validity of said bonds and said contracts and the payment to be made thereunder shall never be called in question in any court in this state.
Miss. Code Ann. § 51-13-133 — MS Code / Title 51 / Chapter 9 / Section 13-133
Miss. Code Ann. § 51-13-133
Status: in_force

All bonds issued pursuant to this article shall be validated as now provided by law of Sections 31-13-1 through 31-13-11, Mississippi Code of 1972 . The services of the state's bond attorney may be employed in the preparation of such bond resolutions, forms or proceedings as may be necessary, for which he shall be paid a reasonable fee. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the district is located, but notice of such validation proceedings shall be published at least two times in a newspaper of general circulation and published in each of the counties comprising the Tombigbee River Valley Water Management District, the first publication of which in each case shall be made at least ten days preceding the date set for the validation.
Miss. Code Ann. § 51-29-9 — MS Code / Title 51 / Chapter 27 / Section 29-9
Miss. Code Ann. § 51-29-9
Status: in_force

As soon as the engineer has completed his survey of the proposed drainage district, he shall make a report thereof to the said temporary commissioners, who shall file the same with the clerk of the chancery court. Upon the filing of the report of said engineer, the chancery court, or the chancellor in vacation, shall enter an order directing the clerk of the chancery court to give notice by publication for two weeks by two insertions in some newspaper published and having a general circulation in the county or counties in which the lands of the proposed district lie, calling upon all persons owning property within said district to appear before the chancery court, or chancellor in vacation, on the date and at the time and place fixed by said order, which date shall not be earlier than twenty days and not later than forty days after the first publication, to show cause in favor of or against the establishment of the district.

At the time named in said notice, the court or chancellor in vacation shall hear all property owners within the proposed drainage district who wish to appear and advocate or resist the establishment of the said district. Any petition of proponents or objectors, advocating or resisting the establishment of said district, shall be filed with the clerk of said court prior to the time designated for said hearing. If the court or chancellor in vacation deems it to the best interest of the owners of the real property within the said district that same shall become a drainage district under the terms of this chapter, he shall make an order establishing same as a drainage district, subject to all the terms and provisions of this chapter. Upon the organization of said drainage district, it shall, in its corporate name by its commissioners, henceforth have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to do and perform in the name of such district all such acts and things for the accomplishment of the purpose for which it was organized.
Miss. Code Ann. § 51-29-139 — MS Code / Title 51 / Chapter 27 / Section 29-139
Miss. Code Ann. § 51-29-139
Status: in_force

Nothing contained in Sections 51-29-131 through 51-29-143 shall be construed as preventing the inclusion, in the boundaries of the drainage district to be extended, of any lands embraced in any other existing drainage district. Any such lands shall be and remain liable to the drainage district in which such land is located for assessments for benefits thereafter levied, by the new district as extended, if any benefits are received by them; and in like manner shall receive credit for any work done, or improvements made, which will benefit the land added to the drainage district as extended.
Miss. Code Ann. § 51-13-113 — MS Code / Title 51 / Chapter 9 / Section 13-113
Miss. Code Ann. § 51-13-113
Status: in_force

All construction contracts by the district, where the amount of the contract shall exceed two thousand, five hundred dollars ($2,500.00), shall be made upon at least three weeks' public notice by advertisement in a newspaper of general circulation in the district, which notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work; and in all such cases, before the notice shall be published, the plans and specifications for the work shall be filed with the secretary of the district and there remain. The board of directors of the district shall award the contract to the lowest and best bidder, who will comply with the terms imposed by such board and enter into bond with sufficient sureties, to be approved by the board, in such penalty as shall be fixed by such board but in no case to be less than the contract price, conditioned for the prompt, proper, and efficient performance of the contract.
Miss. Code Ann. § 51-31-89 — MS Code / Title 51 / Chapter 26 / Section 31-89
Miss. Code Ann. § 51-31-89
Status: in_force

If in the organization of any drainage district and thereafter in the construction of ditches, drains, or other improvements, it shall be necessary to cross under or through any railroad or the right of way thereof, the same may be accomplished in the following manner: Upon filing of the report of the commissioners as to assessments and benefits and damages, they shall make a special report showing the proposed plans, manner, and character of the work as proposed in passing through such right of way, together with an estimate of the costs of same, including all damages that will be sustained by the railroad by virtue of the construction of the proposed work; and upon the hearing of such commissioner's report, it shall be the duty of said railroad company to appear and show cause why said report should not be confirmed, as other parties interested are required to appear and on the same notice. In such showing it shall be the duty of the railroad company to file with the court, on or before the time set for the hearing, its estimate of the costs of the proposed work, including all damage that will be sustained by it by doing the proposed work. The court or chancellor in vacation shall determine the amount of such costs and damages to the railroad, and said finding shall be final and conclusive adjudication of such matters, unless appealed from in the manner provided for appeals under this chapter. The prosecution of an appeal shall not prevent the drainage commissioners constructing the work as proposed through the railroad right of way, whenever in their discretion it is necessary to do said work. Before beginning the construction of such work through such right of way, the drainage commissioners shall pay to the railroad company, or the chancery clerk for it, the amount of damages adjudicated against the district in the decree appealed from.
Miss. Code Ann. § 51-31-19 — MS Code / Title 51 / Chapter 17 / Section 31-19
Miss. Code Ann. § 51-31-19
Status: in_force

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.
Miss. Code Ann. § 51-31-31 — MS Code / Title 51 / Chapter 26 / Section 31-31
Miss. Code Ann. § 51-31-31
Status: in_force

At the time of the hearing of the petition for the organization of any district, any landowner or landowners desiring so to do may sign said petition and ask that his lands be attached to and made part of said district.
Miss. Code Ann. § 51-15-101 — MS Code / Title 51 / Chapter 3 / Section 15-101
Miss. Code Ann. § 51-15-101
Status: in_force

It is hereby declared, as a matter of legislative determination, that the waterways and surface waters of the state are among its basic resources, that the overflow and surface waters of the state have not heretofore been conserved to realize their full beneficial use, that the utilization, development, conservation, and regulation of such waters are necessary to insure an adequate flood control program, sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in conservation and development of state forests, irrigation of lands needing irrigation, and pollution abatement. It is further determined and declared that the preservation, conservation, storage, and regulation of the waters of the Pat Harrison Waterway District overflow waters for domestic, municipal, commercial, industrial, agricultural, and manufacturing purposes, for recreational uses, for flood control, timber development, irrigation, and pollution abatement are, as a matter of public policy, for the general welfare of the entire people of the state.

The creation of the Pat Harrison Waterway District is determined to be necessary and essential to the accomplishment of the aforesaid purposes, and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes herein set forth, this being a remedial law.
Miss. Code Ann. § 51-8-65 — MS Code / Title 51 / Chapter 8 / Section 8-65
Miss. Code Ann. § 51-8-65
Status: in_force

(1) From and after July 1, 1995, no joint water management district shall be created without the approval of the Commission on Environmental Quality. The commission may establish criteria for the approval of a request to create a joint water management district, but may not finally approve a request and grant joint water management district status until a water management plan for the proposed district has been approved by the commission. Any amendments to the district's water management plan must also be approved by the commission.

(2) After the granting of joint water management district status to a district by the commission, neither the department, the permit board nor any other agency in the State of Mississippi shall issue any permit, grant or loan for any water related facility or project that is not consistent with a district's water management plan.

(3) In its consideration of the consistency of a project, grant or loan with a district's water management plan, the department, permit board or other agency shall notify the affected water management district of the request for a permit, grant or loan and give the district a reasonable time, but not less than ten (10) days nor more than thirty (30) days, to respond to the request.
Miss. Code Ann. § 51-41-31 — MS Code / Title 51 / Chapter 33 / Section 41-31
Miss. Code Ann. § 51-41-31
Status: in_force

(1) The water authority may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and interest, if any, on any bonds of the water authority previously issued under this chapter and then outstanding, whether or not the principal and interest have matured at the time of the refunding under this chapter, and for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem or retire the bonds to be refunded.

(2) The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued.

(3) Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof by immediate application or by escrow deposit, with the right to invest monies in the escrow deposit until needed for the redemption or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby. However, the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange before the date on which they may be paid or redeemed by the water authority under their respective provisions.

(4) Any refunding bonds of the water authority shall be payable solely from the revenues out of which the bonds to be refunded were payable or from those other sources or other revenues that might be identified in the indenture.

(5) All provisions of this chapter pertaining to bonds of the water authority that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by the water authority.
Miss. Code Ann. § 51-31-115 — MS Code / Title 51 / Chapter 27 / Section 31-115
Miss. Code Ann. § 51-31-115
Status: in_force

Before the sale of any such bonds, notes, or other objects of indebtedness provided for in Sections 51-31-111 and 51-31-113 , the drainage commissioners shall publish notice to all parties interested for at least ten days of their intention to issue said additional bonds. Any time after the expiration of the ten days from the action of the chancellor in approving the action of the commissioners in the issuance of such bonds, notes, or evidence of indebtedness, and after ten days from the entry of the order of the chancellor, made in term time or vacation, approving the action of the commissioners in issuing such bonds, notes, or other evidences of indebtedness, any bonds, notes, or other evidences of indebtedness issued and sold by the commissioners shall be a lien on the lands assessed in the drainage district and shall be non-contestable.
Miss. Code Ann. § 51-11-101 — MS Code / Title 51 / Chapter 5 / Section 11-101
Miss. Code Ann. § 51-11-101
Status: repealed

(1) On July 1, 2018, the Pearl River Basin Development District (the “district”) is dissolved, and all statutory authority granted to the district under Sections 51-11-1 through 51-11-87 is repealed as provided in Section 5 of Chapter 356, Laws of 2018.

(2) Through June 30, 2018, the district is authorized to continue to conduct such business as is necessary to settle any accounts and/or financial obligations of the district.

(3) From and after July 1, 2018, the Department of Finance and Administration (the “department”) shall be the agent-in-fact for the district for all purposes, and notwithstanding the repeal of the statutory authority of the district, the department shall have all of the authority that was granted to the district under Sections 51-11-1 through 51-11-87 as they existed on June 30, 2018, to the extent necessary and for as long as necessary for the department to complete the dissolution of the district and ensure that all obligations of the district are met.

(4) From and after July 1, 2018, the department is authorized to settle any outstanding operating accounts of the district, and the department shall have the use of all funds that were available to the district before July 1, 2018, in the State Treasury or in any approved depository, together with any net proceeds derived from the sale of any property of the district, in order to fulfill the district's outstanding financial obligations. Those funds may be expended by the department upon appropriation by the Legislature, and shall not lapse into the State General Fund at the end of any fiscal year. However, if there are any of those funds remaining after all expenditures relating to the dissolution of the district have been made, the department shall deposit the remaining funds into the State General Fund. The department shall maintain accurate records of all accounts and disbursals of those funds and shall periodically share those records with the Legislative Budget Office and the Office of the State Auditor as a part of any close-out audit.

(5) From any funds that were formerly available to the district as described in subsection (4) of this section or any funds appropriated to the department specifically for this purpose, the department is authorized, in any fiscal year, to engage on a contract basis the services of any former employee or contract employee of the district to the extent that the State Fiscal Officer deems such a contract to be beneficial to the administration of dissolution of the district and the performance of the department's obligations under Sections 51-11-101 through 51-11-107 .

(6) From and after July 1, 2018, the department is authorized to dispose of any personalty or equipment of the district as surplus property or through inventory transfer to another public entity, and is authorized to settle any existing lease or leases of the district, either by canceling, assigning or subleasing the same. For the vehicles of the district, the department may transfer any of the vehicles to other state agencies without any payment being required from the agency, or may sell any of the vehicles for such price as determined by the State Fiscal Officer, and shall deposit all funds received from the sale of the vehicles into the funds in the State Treasury that were formerly available to the district, as described in subsection (4) of this section.
Miss. Code Ann. § 51-31-31 — MS Code / Title 51 / Chapter 29 / Section 31-31
Miss. Code Ann. § 51-31-31
Status: in_force

At the time of the hearing of the petition for the organization of any district, any landowner or landowners desiring so to do may sign said petition and ask that his lands be attached to and made part of said district.
Miss. Code Ann. § 51-13-3 — MS Code / Title 51 / Chapter 7 / Section 13-3
Miss. Code Ann. § 51-13-3
Status: in_force

The Tombigbee Valley Authority is hereby authorized and empowered to do any and all things necessary or desirable in making a survey or surveys of that portion of the Tombigbee River situated in the State of Mississippi and its tributaries to investigate the possibilities of developing that portion of the Tombigbee River lying and being in Mississippi, which comprises a segment from the Tennessee River on the north through the States of Mississippi and Alabama to the Gulf of Mexico at Mobile, Alabama, in co-operation with the federal government and any and all agencies thereof assisting in such survey or proposed plans for projects which upon completion would lead to the industrial development of this state, to the opening of an additional inland waterway to the Gulf of Mexico, and to the control of the flood waters of the Tombigbee River in Mississippi. It is contemplated that plans be considered and surveys made for the opening of a water route from the northern headwaters of the Tombigbee River, and particularly the east branch of the Tombigbee River, its tributaries, and the Tennessee River as a part of the over-all plans to be considered by this authority.
Miss. Code Ann. § 51-33-93 — MS Code / Title 51 / Chapter 33 / Section 33-93
Miss. Code Ann. § 51-33-93
Status: in_force

Whenever, after the expiration of the said period of three years, five or more landowners of any such district, or a majority of the landowners of any such district, excluding lands owned by the state, or any landowner or owners owning more than fifty per cent of the total acreage of said district, excluding the acreage owned by the state, shall sign and file with the clerk of the chancery court by which such district was organized, or in the county in which such district was organized, a petition for the dissolution of such drainage district, it shall be the duty of such clerk to give notice thereof by publishing said notice for three consecutive weeks in a newspaper published in said county, or in each of the counties in which lands of the district lie. Said notice shall be addressed to all persons interested in said drainage district and shall command them to appear before the said chancery court at a place named within the said chancery court district on a day certain in term time, or before the chancellor in vacation, not earlier than twenty days nor more than sixty days after the date of the first publication of said notice, and show cause, if any they can, why said drainage district should not be dissolved. Upon the first publication of said notice, all proceedings of every kind of said drainage district and of the commissioners of the said drainage district shall be discontinued until the hearing of said cause as herein provided.
Miss. Code Ann. § 51-7-3 — MS Code / Title 51 / Chapter 7 / Section 7-3
Miss. Code Ann. § 51-7-3
Status: in_force

For the purposes of this chapter the following words and terms shall have these meanings:

(a) “Master water management district.” A governmental subdivision of this state and a public body, corporate and politic, created under the provisions of this chapter for the purposes set forth in Section 51-7-1 .

(b) “Drainage district.” Any drainage district organized under the laws of this state.

(c) “Water management district.” Any water management district created under the laws of this state.

(d) “Commissioner.” Unless otherwise indicated, one of the members of the governing board of a master water management district.

(e) “Landowner” or “owner of land.” Any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter.

(f) “Chancery court” or “chancellor.” The chancery court or chancellor acting in term time or vacation.
Miss. Code Ann. § 51-8-13 — MS Code / Title 51 / Chapter 7 / Section 8-13
Miss. Code Ann. § 51-8-13
Status: in_force

If no petition requiring an election be filed or if three-fifths ( 3 / 5 ) of those voting in said election vote in favor of the creation of such district, the governing body of such local governmental unit shall adopt a resolution creating the district as described in the initial resolution specified in Section 51-8-5 .
Miss. Code Ann. § 51-3-18 — MS Code / Title 51 / Chapter 2 / Section 3-18
Miss. Code Ann. § 51-3-18
Status: in_force

The Department of Environmental Quality, through the Office of Land and Water Resources or a successor office, may provide water resources-related assistance to any authority or district created or established under this title.
Miss. Code Ann. § 51-31-101 — MS Code / Title 51 / Chapter 29 / Section 31-101
Miss. Code Ann. § 51-31-101
Status: in_force

Any person who shall wrongfully or purposely fill up, cut, injure, destroy, or in any manner injure or impair the usefulness of any drain, ditch, or other work constructed under drainage laws shall be guilty of a misdemeanor, may be fined in any sum not exceeding one hundred dollars ($100.00), and shall be liable for double the expense occasioned by repairing the same or removing such obstruction, to be recovered at the suit of the proper drainage district.
Miss. Code Ann. § 51-31-53 — MS Code / Title 51 / Chapter 31 / Section 31-53
Miss. Code Ann. § 51-31-53
Status: in_force

At the time of confirming the assessments of benefits and damages and the estimated costs of the work proposed, the court or chancellor may order the assessments to be paid in installments, in such amounts and at such times as may be convenient for the accomplishment of the work proposed or the payment of bonds issued therefor; otherwise, the whole amount of such assessments shall be payable on the confirmation of such assessments. The assessments and installments thereof shall draw interest at the rate of not exceeding six percent (6%) per annum, payable annually, from the date of the confirmation; but if any owner elects he may pay the whole amount of the assessment and interest against any part of his property, or all of it, before it becomes due and within thirty days from the date of the confirmation of the assessments and benefits and before the issuance of bonds for the district, and all such property paid on shall not be liable for the payment of such bonds and assessments further. All assessments for benefit and assessments for doing the work of the district shall be a lien upon the lands of the district, assessed specifically against such lands which have not had their assessments paid, and shall continue until such assessments are levied and paid. In case any assessment and accrued interest is not paid when due, the specific land against which said assessment is made shall be advertised and sold by the tax collector of the county, as he is required to sell lands delinquent for state or county taxes; and all the provisions of the laws of this state in reference to the sale of lands to enforce the payment of state and county taxes are hereby declared to be and hereby are made a part of this chapter to enforce the payment of the assessments herein authorized to be made. All drainage assessments shall be collected by the tax collector of the county at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment of drainage assessments as for nonpayment of state and county taxes.

At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.
Miss. Code Ann. § 51-7-49 — MS Code / Title 51 / Chapter 2 / Section 7-49
Miss. Code Ann. § 51-7-49
Status: in_force

Any drainage district organized under any laws of the State of Mississippi is hereby authorized to transfer to any master water management district created under this chapter, within which such drainage district is located, any surplus funds of such drainage district to be used for any lawful purpose for which such master water management district is authorized to use funds, including but not being limited to the payment of any costs incurred for engineering work, legal services, costs of publication and other administrative expenses, and any other necessary preliminary expenses.

The transfer of such funds is authorized to be made, in the discretion of the commissioners of any such drainage district involved, after the appointment, as provided by law, of commissioners for any such master water management district.

No funds shall be transferred under the provisions of this section that are needed and required to pay and retire bonds and interest due and owing by such district, or needed and required to pay debts and obligations previously incurred by said district and unpaid. If any part of such districts so transferring such funds is not embraced in the new master water management district, then such transferring district shall retain such funds as may be needed and necessary to service that part of said district not embraced in the master water management district.
Miss. Code Ann. § 51-35-340 — MS Code / Title 51 / Chapter 33 / Section 35-340
Miss. Code Ann. § 51-35-340
Status: in_force

The board of directors of the district is hereby authorized and empowered, in its discretion, to borrow money from time to time, in an amount not to exceed Nine Hundred Thousand Dollars ($900,000.00) in the aggregate outstanding at any one (1) time, in order to defray expenses of the district for the purpose of acquiring, repairing, maintaining, strengthening and rebuilding dams, reservoirs, channels, levees, pumps and other flood control works and improvements for the district.

Before any money is borrowed under the provisions of this section, the board of directors shall adopt a resolution declaring the necessity for such borrowing and specifying the purpose for which the money borrowed is to be expended, the amount to be borrowed, the date or dates of the maturity thereof, and how such indebtedness is to be evidenced. The resolution shall be certified over the signature of the president of the board of directors.

The borrowing shall be evidenced by negotiable notes or certificates of indebtedness of the district which shall be signed by the president and secretary of the district. All such notes or certificates of indebtedness shall be offered at public sale by the district after not less than ten (10) days' advertising in a newspaper having general circulation within the district. Each sale shall be made to the bidder offering the lowest rate of interest or whose bid represents the lowest net cost to the district; however, the rate of interest shall not exceed ten percent (10%). No such notes or certificates of indebtedness shall be issued and sold for less than par and accrued interest. All notes or certificates of indebtedness shall mature in approximately equal installments of principal and interest over a period not to exceed fifteen (15) years from the dates of the issuance thereof. Principal shall be payable annually, and interest shall be payable annually or semiannually; provided, however, that the first payment of principal or interest may be for any period not exceeding one (1) year. Provided, however, if negotiable notes are outstanding from not more than one (1) previous issue authorized under the provisions of this section, then the schedule of payments for a new or supplementary issue may be so adjusted that the schedule of maturities of all notes or series of notes hereunder shall, when combined, mature in approximately equal installments of principal and interest over a period of fifteen (15) years from the date of the new or supplementary issue; or, if a lower interest rate will thereby be secured on notes previously issued and outstanding, a portion of the proceeds of any issue authorized hereunder may be used to refund the balance of the indebtedness previously issued under the authority of this section. Such notes or certificates of indebtedness shall be issued in such form and in such denominations as may be determined by the board of directors and may be made payable at the office of any bank or trust company selected by the board of directors. In such case, funds for the payment of principal and interest due thereon shall be provided in the same manner provided by law for the payment of the principal and interest due on bonds issued by the board of directors.

For the prompt payment of notes or certificates of indebtedness at maturity, both principal and interest, there is hereby pledged the avails of the ad valorem tax authorized in Section 51-35-333, Mississippi Code of 1972 , and any other available funds of the district designated by the board of directors. Pledged funds shall be paid into a sinking fund and used exclusively for the payment of principal of and interest on the notes or certificates of indebtedness. Until needed for expenditure, monies in the sinking fund may be invested in the same manner as municipalities are authorized by law to invest surplus funds.

The proceeds of any notes or certificates of indebtedness issued under the provisions of this section shall be placed in a special fund and shall be expended only for the purpose or purposes for which they were issued as shown by the resolution authorizing the issuance thereof. If a balance shall remain of the proceeds of such notes or certificates of indebtedness after the purpose or purposes for which they were issued shall have been accomplished, such balance shall be used to pay such obligations at or before maturity and may be transferred to any sinking fund previously established for the payment thereof.

Proceeds from the sale of notes or certificates of indebtedness not immediately necessary for expenditure shall be invested in the same manner as surplus funds of municipalities may be invested.
Miss. Code Ann. § 51-29-87 — MS Code / Title 51 / Chapter 29 / Section 29-87
Miss. Code Ann. § 51-29-87
Status: in_force

Whenever the state treasurer and land commissioner shall have accepted any such certificate in the purchase of such lands, it shall be his duty to immediately forward the same to the drainage district commissioners with a statement as to the lands purchased and the amount of money allowed on said purchase on account of said certificate; and the said drainage commissioners shall accept the certificate in lieu of money to that extent and amount from said state treasurer and land commissioner. Whenever the county tax collector shall have accepted any such certificate or certificates in the payment of drainage taxes, it shall be his duty to immediately inform the drainage district commissioner of his action, with a statement containing the amount of taxes and description of lands where a certificate or certificates were applied for taxes in lieu of money payment.
Miss. Code Ann. § 51-41-17 — MS Code / Title 51 / Chapter 33 / Section 41-17
Miss. Code Ann. § 51-41-17
Status: in_force

The water authority shall have the following powers, acting either individually or jointly with other water authorities or public entities, together with all powers incidental thereto or necessary to the discharge thereof:

(a) To have succession in its designated name;

(b) To sue and be sued and to prosecute and defend suits in any court having jurisdiction of the subject matter and of the parties;

(c) To make use of a seal and to alter it at pleasure;

(d) To adopt and alter bylaws for the regulations and conduct of its affairs and business;

(e) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description which the board may deem necessary to the acquisition, construction, equipment, improvement, enlargement, operation, administration or maintenance of a project, and to hold title thereto;

(f) To construct, enlarge, equip, improve, maintain, consolidate, administer and operate one or more projects;

(g) To borrow money, including interim construction financing, for any of its purposes;

(h) To sell and issue its bonds;

(i) To sell and issue refunding bonds;

(j) To secure any of its bonds by pledge and indenture as provided in this chapter;

(k) To appoint, employ and compensate such general managers, executive directors, agents, architects, engineers, attorneys, accountants and other persons and employees as the business of the water authority may require;

(l) To provide for such insurance as the board may deem advisable;

(m) To invest in obligations that are direct or guaranteed obligations of the United States of America, or other securities in which public funds may be invested by any other political subdivision under the laws of this state, any of its funds that the board may determine are not presently needed for its operational purposes;

(n) To contract, lease and make lease agreements respecting its properties or any part thereof;

(o) To exercise the power of eminent domain in accordance with the procedures prescribed by Title 11, Chapter 27, Mississippi Code of 1972;

(p) To sell, convey or otherwise dispose of any of its properties or projects; and

(q) To exercise and hold the authority and power granted to water supply systems and sewer systems under Sections 19-5-173 , 19-5-175 , 19-5-177 and 19-5-203 .
Miss. Code Ann. § 51-13-127 — MS Code / Title 51 / Chapter 5 / Section 13-127
Miss. Code Ann. § 51-13-127
Status: in_force

Bonds issued pursuant to this article shall not exceed twenty-five million dollars ($25,000,000.00) in principal amount.
Miss. Code Ann. § 51-41-33 — MS Code / Title 51 / Chapter 37 / Section 41-33
Miss. Code Ann. § 51-41-33
Status: in_force

This chapter shall be deemed to be full and complete authority for the creation of water authorities and the issuance of bonds as set forth in this chapter. No proceedings shall be required for the creation of water authorities or the issuance of bonds other than those provided for and required in this chapter. The board of directors of a water authority shall have all the powers necessary in order to carry out the provisions of this chapter.
Miss. Code Ann. § 51-9-122.1 — MS Code / Title 51 / Chapter 5 / Section 9-122.1
Miss. Code Ann. § 51-9-122.1
Status: in_force

(1) Any holder of a lease that is not a residential lease subject to Section 51-9-122, Mississippi Code of 1972 , shall have the right, exclusive of all other persons, to renew the lease at fair market value at any time prior to expiration of the lease.

(2) Other than the right of a lessee to renew at fair market value, nothing in this section is intended to limit or restrict the right of the district to negotiate terms of any lease in furtherance of any of the purposes authorized by this section and in a manner deemed favorable to the district by the board of directors.

(3)(a) Prior to entering into any lease under this section, whether a new or renewal lease, the district shall obtain at least one (1) appraisal from a competent appraiser establishing the fair market rental value of the land, exclusive of improvements made by the leaseholder or any predecessor in title, and, except as otherwise provided in paragraph (b) of this subsection, the land shall not be leased for an amount less than the fair market rental as determined by the appraiser and approved by the board. The district may require such other terms as it deems advisable. The cost of the appraisal shall be paid by the district and may be included in the costs of lease renewal to be reimbursed by the lessee.

(b) The lessee may obtain an appraisal from a certified real estate appraiser establishing the fair market rental value of the land. If the fair market rental value of the land established in such appraisal differs from the fair market rental value of the land established in the appraisal obtained by the district, the land shall not be leased for an amount less than the average of the fair market rental value established by the two (2) appraisals.

(4) For the purposes of this section, “ terms ” means rent, rent escalation clauses, rental adjustment periods and method of determination, term of years, permitted use, condition of improvements, removal of improvements, and compliance with district rules and regulations.

(5) In the event a lessee has not obtained a new lease pursuant to the provisions of this section, any preemptive right of the lessee to lease the property shall be extinguished upon expiration of the lease, and, at the direction of the district, the lessee shall remove all improvements and other structures on the property immediately upon termination of the lease.
Miss. Code Ann. § 51-31-19 — MS Code / Title 51 / Chapter 31 / Section 31-19
Miss. Code Ann. § 51-31-19
Status: in_force

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.
Miss. Code Ann. § 51-31-41 — MS Code / Title 51 / Chapter 31 / Section 31-41
Miss. Code Ann. § 51-31-41
Status: in_force

Upon entering such order of record upon the minutes of said court, said district is hereby declared by law to be organized as a drainage district, by the name mentioned in such petition and order of the court or chancellor in vacation and by the boundaries fixed by the order confirming the report of said commissioners, and is hereby declared to be a body politic and corporate by the name mentioned in said order of the court, with the right to have perpetual succession and to adopt and use a corporate seal. The commissioners and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authorities of said district and shall exercise the functions conferred upon them by this chapter.
Miss. Code Ann. § 51-31-43 — MS Code / Title 51 / Chapter 25 / Section 31-43
Miss. Code Ann. § 51-31-43
Status: in_force

All moneys that have been advanced or expended in good faith by parties interested in the organization of any district, necessary for the preliminary work in organization, such as surveys, attorneys' fees, and incidentals thereto, may be repaid by the drainage commissioners as follows: If the district is organized, to be paid as a part of the costs of said district; but if the organization of the district is denied, the court or chancellor in vacation may make such orders and decrees as may appear to be equitable and just to all parties interested towards providing for the payment of such sums, together with such sums as the commissioners have expended or contracted for in good faith after the reference of the petition to them, and to this end may assess an acreage tax against such lands in such district which were owned by the persons signing the original petition praying that the district might be organized. After the petition for the organization of a district is filed and referred to the commissioners, they are authorized and empowered to issue certificates of the district to raise funds to have all necessary surveys made and to pay all necessary expenses and costs incurred in the preliminary work prior to the organization thereof, which certificates shall bear interest at the rate of 6% from their dates, but no certificate shall be made payable for a longer period than two years from its date. These certificates shall be paid as soon as the district is organized and sufficient funds come into the hands of the commissioners to pay same. Where any district shall fail to be organized solely by reason of the fact that a sufficient number of petitioners signing the original petition withdrew therefrom so as to leave an insufficient number of petitioners or an insufficient acreage represented by the petitioners remaining, and the chancery court or chancellor shall so state in his decree, the entire costs of the proceedings shall be decreed against the lands of such petitioners so withdrawing, on an acreage pro rata basis.
Miss. Code Ann. § 51-7-19 — MS Code / Title 51 / Chapter 4 / Section 7-19
Miss. Code Ann. § 51-7-19
Status: in_force

At the time named in said notice, or on a subsequent date to which the cause may be continued, the chancellor shall hear all property owners within the district who wish to appear and advocate or resist the carrying out of the work plans as filed within said district, and if he deems it to the best interest of the owners of the real property within said district that said plans be adopted, or adopted as modified by the chancellor, under the provisions of this chapter, he shall make an order approving said report as submitted or as modified. Thereupon the organization of said master water management district shall be deemed to be fully completed, and henceforth the district shall be a governmental subdivision of the state and a public body, corporate and politic, with authority to do and perform in the name of such district all such acts and things for the accomplishment of the purposes for which it was organized. However, if the chancellor shall disapprove said report and shall decline to allow its modification or resubmission, then such district shall not be organized and the terms of office of the commissioners shall terminate, except as to powers which may be necessary in effecting payment of any preliminary indebtedness as provided in Section 51-7-15 , except that such termination shall not become final until the expiration of the time for an appeal without an appeal having been taken or, in the event an appeal is taken, until final determination of the proceeding has been made by the courts.

If upon the hearing provided for in this section, a petition is presented to the chancery court, or the chancellor in vacation, signed by a majority of the landowners owning one-third ( 1 / 3 ) of the land, or, one-third ( 1 / 3 ) of the landholders owning a majority of the land, praying that the improvements be made, it shall be the duty of the court or chancellor to make the order establishing the district, without further inquiry, if it appear that the establishment thereof be necessary for the promotion of public health and for agricultural purposes. However, if upon that day a petition signed by a majority of the landowners owning one-third ( 1 / 3 ) of the land, or one-third ( 1 / 3 ) of the landowners owning a majority of the land, be presented praying that the improvements be not made, it shall be the duty of the court or chancellor to so order, but if no such petition is filed it shall be the duty of the court or chancellor to investigate and to establish such district if he is of the opinion the establishment thereof will be to the advantage of the owners of real property therein, and is for the public benefit. The petition provided for therein may be signed by women, whether married or single, owning land in the proposed district, guardians may sign for their wards, and trustees, executors and administrators may sign for the estate represented by them; if the signature of any corporation thereto is attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to said petition.
Miss. Code Ann. § 51-31-5 — MS Code / Title 51 / Chapter 17 / Section 31-5
Miss. Code Ann. § 51-31-5
Status: in_force

Drainage districts may hereafter be organized in this state under the provisions of this chapter for the purpose of reclaiming wet, swamp, or overflowed lands for agricultural and sanitary purposes conducive to public health in the manner hereinafter provided and, when so organized, shall consist of a system of artificial main drains, lateral drains or ditches, natural drains and water courses, or levees. To the end that the purposes of the organization of such districts according to this system may be attained, they shall have and are given full power and authority to construct or to cause to be constructed such artificial main drains and ditches, lateral drains and ditches, and tile drains over the lands of others or over or on lands which may be acquired by said district, and to alter, deepen, or improve any and all natural drains and water courses as it may be necessary to alter, deepen, or improve so that a complete system of such drains may exist in the district for agricultural and sanitary purposes. Such districts may also, in addition to the construction of such drains, construct or erect over the land of others, or over the lands to be acquired by the drainage district or commission for that purpose, such levees as may be necessary to protect or reclaim any lands from overflow from any source.
Miss. Code Ann. § 51-5-19 — MS Code / Title 51 / Chapter 1 / Section 5-19
Miss. Code Ann. § 51-5-19
Status: in_force

This chapter shall be supplementary to laws, rules, and regulations of the State of Mississippi, of any of its political subdivisions, and of any other state agencies or commissions, except insofar as such conflict may exist.
Miss. Code Ann. § 51-31-65 — MS Code / Title 51 / Chapter 25 / Section 31-65
Miss. Code Ann. § 51-31-65
Status: in_force

It shall be the duty of the board of supervisors of each county in which land is located, on the recommendation of the drainage commissioners, to make a levy each year on the lands lying in their respective counties in accordance with such assessments and levies sufficient to meet bond obligations of any district issued by authority of law.
Miss. Code Ann. § 51-7-45 — MS Code / Title 51 / Chapter 3 / Section 7-45
Miss. Code Ann. § 51-7-45
Status: in_force

On hearing, the chancery court shall hear the cause in the same manner as other causes in chancery, and shall dissolve or refuse to dissolve said district as shall appear in the best interests of the landowners, and shall enter an order accordingly. If an order of dissolution is entered, the court shall decree that no further expenses shall be incurred by the district, and all papers, records and documents of the district shall be deposited with the chancery court by the commissioners within fifteen days after said order. Costs of the dissolution proceeding in event of dissolution, including solicitors fees as might be allowed by the court, shall be assessed and taxed by the court to be collected in the same manner as other taxes and assessments of the district; but in event the district is not dissolved, all costs including solicitors fees shall be assessed against the petitioners.
Miss. Code Ann. § 51-13-103 — MS Code / Title 51 / Chapter 2 / Section 13-103
Miss. Code Ann. § 51-13-103
Status: in_force

The Tombigbee River Valley Water Management District may hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided for. This water management district shall be an agency of the state and a body politic and corporate.
Miss. Code Ann. § 51-31-61 — MS Code / Title 51 / Chapter 17 / Section 31-61
Miss. Code Ann. § 51-31-61
Status: in_force

Upon the organization of said districts as herein provided, and as soon as said drainage commissioners have proceeded to procure the rights-of-way, either by agreement or condemnation, for ditches or canals, both main and lateral, or for the erection of levees, and the right-of-way to enter upon, alter, deepen, or improve natural drains or watercourses, they shall make an estimate of the cost, including commissioner's fees and expenses of said proposed work, or if said estimate has been made it shall be revised and approved. Said commissioners shall file a levy certifying the amount required by them for the construction of such proposed work, and may in said levy order that so much of the benefits or betterments assessed against the lands in such district as will be necessary to defray the costs of said work, to be paid in cash; or said commissioners may in said levy order that the same be paid in not exceeding forty (40) installments, with interest on each installment at a rate of interest not to exceed six percent (6%) per annum. Or, the said commissioners may order in said levy that bonds of said district shall be issued and sold for any amount not exceeding eighty percent (80%) of the assessed value of the benefits or betterments. Said bonds shall be payable in from one (1) to forty (40) years from the date issued, with interest from the date issued at an overall maximum interest rate to maturity not greater than that allowed in Section 75-17-101 , payable annually or semiannually, as the court or chancellor in vacation may direct; and it shall be lawful to attach coupons for any part of a year to the bonds maturing the first year. If bonds are thus issued and sold for an amount not exceeding eighty percent (80%) of the value of said betterments, the said commissioners may order the remaining twenty percent (20%), or any part thereof, to be paid in cash at its discretion. If the amounts levied be not sufficient to complete the work done or hereafter to be done, or if bonds are issued and sold for an amount less than eighty percent (80%) of the value of the assessed benefits and additional funds are required to complete the work or pay for work theretofore done, an additional levy may be made or an additional issue of bonds may be made, provided the additional levy, when added to the original levy, shall not exceed the amount of betterments assessed, or that the additional bond issue shall not be for an amount which, added to the original bond issue, shall exceed eighty percent (80%) of the assessed value of the betterment. Such additional levy shall be made payable in cash or in not exceeding fifteen (15) installments, each installment bearing interest at a rate not exceeding six percent (6%) per annum.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the registered bond act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 51-41-1 — MS Code / Title 51 / Chapter 39 / Section 41-1
Miss. Code Ann. § 51-41-1
Status: in_force

It is the intent of the Legislature to provide a means, in addition to the incorporation of districts authorized in Sections 19-5-151 through 19-5-207 , by which not-for-profit corporations or associations involved in the sale, transmission and distribution of potable water to members of the public and others may convert their entity status from that of a body corporate to that of a body politic, thereby allowing those entities the opportunity to access the tax-exempt capital markets and thereby assuring the State of Mississippi and the customers of those entities of adequate supplies of water at the lowest water rates possible.
Miss. Code Ann. § 51-13-103 — MS Code / Title 51 / Chapter 4 / Section 13-103
Miss. Code Ann. § 51-13-103
Status: in_force

The Tombigbee River Valley Water Management District may hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided for. This water management district shall be an agency of the state and a body politic and corporate.
Miss. Code Ann. § 51-41-23 — MS Code / Title 51 / Chapter 37 / Section 41-23
Miss. Code Ann. § 51-41-23
Status: in_force

Bonds shall be executed by the manual or facsimile signature of the chairman of the water authority and by manual or facsimile signature of the secretary of the water authority. In case any of the officers whose signatures appear on the bonds cease to be that officer before the delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the water authority.
Miss. Code Ann. § 51-15-107 — MS Code / Title 51 / Chapter 9 / Section 15-107
Miss. Code Ann. § 51-15-107
Status: in_force

The Pat Harrison Waterway Commission, acting through its members who favor bringing the counties they represent into the Pat Harrison Waterway District, or other counties having Pascagoula River, Leaf River, Chickasawhay River, or Tallahala Creek tributaries, shall petition the Chancery Court of Forrest County, Mississippi, to organize and establish the Pat Harrison Waterway District and shall set forth in the petition:

(a) The counties to be included in the Pat Harrison Waterway District. Each member of the Pat Harrison Waterway Commission, as created by virtue of Sections 51-15-1 through 51-15-9 , and any county through which the Pascagoula, Leaf, and Chickasawhay Rivers and Tallahala Creek run, or other counties having tributaries to such streams or which border on said streams, may be included in the district.

(b) The necessity and desirability for the developments and construction of suitable facilities.

(c) A general description of the purposes of the contemplated works, and a general description of the plan.

The petition shall be filed with as many copies as there are parties defendant.

The Board of Water Commissioners of the State of Mississippi shall be made a party defendant, and the chancery clerk shall furnish the Board of Water Commissioners with a copy of the petition with attached exhibits. Each county named in the petition shall be joined as a party defendant by service of process on the president of the board of supervisors thereof, and the chancery clerk shall furnish a copy of the petition to each such president. Whenever any municipality having a population according to the most recent federal decennial census of ten thousand (10,000) or more is included in such proposed district, such municipality shall be made a party defendant.

From and after July 1, 2023, any municipality located in a county that is not a member of the district may, by resolution spread on its minutes, request that the Pat Harrison Waterway Commission petition the Chancery Court of Forrest County, Mississippi, to modify its decree organizing the district to include the municipality as a member of the district. The Board of Water Commissioners of the State of Mississippi shall be made a party defendant, and the chancery clerk shall furnish the Board of Water Commissioners with a copy of the petition with attached exhibits. The municipality applying for membership shall not be made a party defendant.

It shall not be necessary that any landowners in the counties or municipalities to be included in said proposed district be named in the petition, or be made parties defendant. The chancellor of the Chancery Court of Forrest County, Mississippi, shall have jurisdiction of the entire waterway district for the purposes of this article. Such jurisdiction may be exercised by the chancellor in term time or in vacation, as provided in this article.
Miss. Code Ann. § 51-31-53 — MS Code / Title 51 / Chapter 25 / Section 31-53
Miss. Code Ann. § 51-31-53
Status: in_force

At the time of confirming the assessments of benefits and damages and the estimated costs of the work proposed, the court or chancellor may order the assessments to be paid in installments, in such amounts and at such times as may be convenient for the accomplishment of the work proposed or the payment of bonds issued therefor; otherwise, the whole amount of such assessments shall be payable on the confirmation of such assessments. The assessments and installments thereof shall draw interest at the rate of not exceeding six percent (6%) per annum, payable annually, from the date of the confirmation; but if any owner elects he may pay the whole amount of the assessment and interest against any part of his property, or all of it, before it becomes due and within thirty days from the date of the confirmation of the assessments and benefits and before the issuance of bonds for the district, and all such property paid on shall not be liable for the payment of such bonds and assessments further. All assessments for benefit and assessments for doing the work of the district shall be a lien upon the lands of the district, assessed specifically against such lands which have not had their assessments paid, and shall continue until such assessments are levied and paid. In case any assessment and accrued interest is not paid when due, the specific land against which said assessment is made shall be advertised and sold by the tax collector of the county, as he is required to sell lands delinquent for state or county taxes; and all the provisions of the laws of this state in reference to the sale of lands to enforce the payment of state and county taxes are hereby declared to be and hereby are made a part of this chapter to enforce the payment of the assessments herein authorized to be made. All drainage assessments shall be collected by the tax collector of the county at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment of drainage assessments as for nonpayment of state and county taxes.

At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.
Miss. Code Ann. § 51-9-131 — MS Code / Title 51 / Chapter 3 / Section 9-131
Miss. Code Ann. § 51-9-131
Status: in_force

In each county of the State of Mississippi which is part of the Pearl River Valley Water Supply District, beginning with the ad valorem tax assessment for the calendar year 1960, payable on or before February 1, 1961, and so long as any bonds issued hereunder are outstanding, the tax collector of said county shall pay into the depository selected by said water district for said purpose the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county, which may be collected by any other lawful taxing agency of said county and state and for said county, and the State of Mississippi shall continue to levy not less than two mills ad valorem taxes on each county in the district so long as any bonds issued pursuant to this article remain outstanding.
Miss. Code Ann. § 51-13-153 — MS Code / Title 51 / Chapter 2 / Section 13-153
Miss. Code Ann. § 51-13-153
Status: in_force

It is hereby declared as a matter of legislative determination that the overflow and inundation of sixteenth section lands or in lieu lands shall not constitute legal waste of such lands. The district shall pay a reasonable rental for the use of such lands to be overflowed, to be determined as provided by law in such cases. Any sixteenth section lands that have been flooded shall be reforested before this project shall ever be abandoned.
Miss. Code Ann. § 51-4-21.7 — MS Code / Title 51 / Chapter 4 / Section 4-21.7
Miss. Code Ann. § 51-4-21.7
Status: in_force

In accordance with Section 51-4-7 , the Tombigbee River flowing through Itawamba County is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-13-123 — MS Code / Title 51 / Chapter 1 / Section 13-123
Miss. Code Ann. § 51-13-123
Status: in_force

The board of directors of the district is hereby authorized and empowered to borrow money or issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related facilities and including all financing and financial advisory charges, interest during construction, engineering, architectural, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by this article. Said board of directors is authorized and empowered to borrow money and issue bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Section 51-13-127 . All such bonds so issued by said district shall be secured solely by a pledge of the avails of the two mills ad valorem tax levy provided for in Section 51-13-121 or so much thereof as may be necessary therefor, and of the net revenues as hereinafter defined or so much thereof as may be necessary therefor. Such bonds shall not constitute general obligations of the State of Mississippi or of the counties comprising said district, and such bonds shall not be secured by a pledge of the full faith, credit, and resources of said state or of said counties. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this article shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, moneys, and all other funds coming into the possession of the district by virtue of the provisions of this article, except the proceeds from the sale of bonds issued hereunder, and except the avails of the two mill ad valorem tax levy provided for in Section 51-13-121 . “Net revenues” as used in this article shall mean the revenues after payment of costs and expenses of operation and maintenance of the project and related facilities.
Miss. Code Ann. § 51-8-63 — MS Code / Title 51 / Chapter 4 / Section 8-63
Miss. Code Ann. § 51-8-63
Status: in_force

(1) If authorized pursuant to Section 51-9-121 , 51-11-13 , 51-13-111 or 51-15-119 , as applicable, any corporate body organized under the provisions of Chapters 9, 11, 13 and 15 of Title 51, Mississippi Code of 1972 , may elect by resolution duly adopted by its board of directors, to acquire and assume the power, duties and responsibilities of a joint water management district as set forth in Sections 51-8-27 through 51-8-55, Mississippi Code of 1972 , by petitioning the Commission on Environmental Quality. The petition shall be in the form and content as prescribed by the commission and shall state the intention of the district to perform functions meeting the purposes for the creation of joint water management districts set out in Section 51-8-3, Mississippi Code of 1972 .

(2) The commission may deny, grant preliminary approval of the petition and request additional information or grant preliminary approval of the petition and direct the district to proceed with the formulation of a water management plan for the district.

(3) No petition shall be finally and unconditionally granted until the district has submitted to the commission a water management plan for the district that meets the criteria set forth by the commission. Upon submission of a district water management plan and the satisfactory completion of any other requirements, the commission may finally and unconditionally approve the district's petition and grant the district joint water management district status.
Miss. Code Ann. § 51-31-117 — MS Code / Title 51 / Chapter 29 / Section 31-117
Miss. Code Ann. § 51-31-117
Status: in_force

All proceedings under this chapter are declared to be proceedings in rem. The notices for the organization of a drainage district hereunder and all subsequent notices herein provided for shall be sufficient as notices for the purposes stated, the organization of a district, and the issuance of district bonds as herein provided. The failure of the clerk to send a copy of any notice by registered mail to any nonresident, whose residence is known or unknown, shall not invalidate the proceedings for the organization of any drainage district hereunder or of bonds of the district issued under same; but the court or chancellor in vacation may adjourn the hearing of any case in order to cause other notice to be made, if in his discretion he thinks proper, in order to comply with the requirements of this chapter.
Miss. Code Ann. § 51-9-133 — MS Code / Title 51 / Chapter 9 / Section 9-133
Miss. Code Ann. § 51-9-133
Status: in_force

The board of directors of the district is hereby authorized and empowered to issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related facilities, and including all financing and financial advisory charges, interest during construction, engineering, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by this article. Said board of directors is authorized and empowered to issue such bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Section 51-9-137 . All such bonds so issued by said district shall be secured solely by a pledge of the net revenues which may now or hereafter come to the district, by the pledge of the avails of the two mill ad valorem tax levy provided for in Section 51-9-131 , and by the pledge of the special tax levy of two mills provided for in Section 51-9-139 ; and such bonds shall not constitute general obligations of the State of Mississippi or of the counties comprising said district, and shall not be secured by a pledge of the full faith, credit, and resources of said state or of said counties. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this article shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, moneys, and all other funds coming into the possession of the district by virtue of the provisions of this article, except the proceeds from the sale of bonds issued hereunder. “Net revenues” as used in this article shall mean the revenues after payment of costs and expenses of operation and maintenance of the project and related facilities.
Miss. Code Ann. § 51-15-105 — MS Code / Title 51 / Chapter 8 / Section 15-105
Miss. Code Ann. § 51-15-105
Status: repealed

(1) All powers of the district shall be exercised by a board of directors to be composed of the following:

(a) [Repealed]

(b) From and after January 9, 1996, the Governor shall appoint three (3) members of the Board of Directors of the Pat Harrison Waterway District from the district at large. No more than one (1) appointment may be made by the Governor from any one (1) county in the district. All initial appointments made pursuant to this paragraph shall be made no later than February 1, 1996, and no person appointed under this paragraph shall be an elected official or a county employee. All appointments made pursuant to this paragraph shall be for terms of four (4) years each or until a successor is appointed and qualifies.

(c) From and after January 9, 1996, the board of supervisors of each county in the Pat Harrison Waterway District shall have an appointment to the board of directors of the district as follows: the boards of supervisors of the counties of Clarke, Covington and Forrest shall each appoint a member from their respective counties for an initial term of one (1) year; the boards of supervisors of the counties of George, Greene, Jackson and Jasper shall each appoint a member from their respective counties for an initial term of two (2) years; the boards of supervisors of the counties of Jones, Lamar, Lauderdale and Newton shall each appoint a member from their respective counties for an initial term of three (3) years; and the boards of supervisors of the counties of Perry, Smith, Stone and Wayne shall each appoint a member from their respective counties for an initial term of four (4) years. All initial appointments made pursuant to this paragraph shall be made no later than February 1, 1996, and no person appointed under this paragraph shall be an elected official or a county employee. All appointments made pursuant to this paragraph after the initial appointments shall be for terms of four (4) years each or until a successor is appointed and qualifies.

(d) The directors appointed pursuant to paragraphs (b) and (c) of this subsection shall not discontinue any litigation pending on January 9, 1996, with respect to monetary payments owed to the district by any member county, and such directors shall pursue such litigation to a conclusion.

(2) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the clerk and by him preserved.

(3) Each director shall receive a per diem in the amount established in Section 25-3-69, Mississippi Code of 1972 , for attending each day's meeting of the board and for each day spent in attending to the necessary business of the district and, in addition, he may receive reimbursement for actual and necessary expenses thus incurred, upon express authorization of the board.

(4) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer, who may or may not be members of the board, and it may combine those offices. Except as otherwise provided for in this subsection, the treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00) with sureties qualified to do business in this state, and the premium on such bonds shall be an expense of the district. The condition of each bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district. In lieu of the bonds required by this subsection, the board may authorize that the district purchase an equivalent amount of errors and omissions insurance for the treasurer and directors.

(5) Each director shall meet with the board of supervisors of the county from which he is appointed at least twice a year at reasonable times established by the board of supervisors.
Miss. Code Ann. § 51-8-35 — MS Code / Title 51 / Chapter 2 / Section 8-35
Miss. Code Ann. § 51-8-35
Status: in_force

(1) Any such district shall have the power to provide funds for the purpose of constructing, acquiring, reconstructing, improving, bettering or extending the facilities of such district or for the purpose of buying, leasing or otherwise acquiring the assets and facilities of any nonprofit, nonshare corporation chartered under Title 79, Chapter 11, or any other utility district by the issuance of revenue bonds. Such bonds shall be payable solely and only from the revenues of such facilities, and such revenues may be pledged from a portion of the service area of the district to the support of debt service for a specific series or issue of bonds if such apportionment is economically feasible.

(2) Any such district shall have the power to provide funds, in addition to or in conjunction with the funds authorized in subsection (1) of this section, for water supply or pollution abatement projects by issuing special improvement pollution abatement bonds, special improvement water bonds, or combinations of special improvement water and sewer bonds, if the resolution creating the district authorized the governing bodies of the local governmental bodies to make assessments against benefitted properties as outlined in Section 51-8-45 . Such bonds shall be payable solely and only from charges assessed to benefitted properties as outlined in said Section 51-8-45 .
Miss. Code Ann. § 51-11-103 — MS Code / Title 51 / Chapter 3 / Section 11-103
Miss. Code Ann. § 51-11-103
Status: in_force

(1) Through June 30, 2018, the district, and from and after July 1, 2018, the department, is authorized to transfer any real property to which the district currently holds or formerly held title, specifically including, but not limited to, any water parks or similar facilities owned by the district, to the county or municipality in which the real property lies. As consideration for the property being received, the county or municipality must agree to accept the transfer and any duties and obligations appurtenant to the property. Any equipment associated with a water park or other real property of the district that is transferred under this subsection shall also be transferred to the county or municipality that accepts the transfer of the real property.

(2) Any county or municipality accepting the transfer of a water park or other real property from the district or the department is authorized to assume any duties and obligations appurtenant to the property as formerly exercised by the district, including, but not limited to, the obligation to operate and maintain those properties out of the revenues of the county or municipality, the obligation to protect the property with either liability insurance or through the Mississippi Tort Claims Fund, and the assumption and/or transfer of any obligations as a recipient or sponsor of any state or federal grant or grant funds.

(3) Any county that chooses not to accept the transfer of any real property currently or formerly owned by the district, after determining that no municipality in the county wishes to have the property transferred to it, may make a finding that the property would be surplus to the needs of the county, by proper action and order of the board of supervisors of the county. Upon the making of a finding that a property would be surplus to the needs of the county, the Secretary of State may institute proceedings to sell the surplus property in accordance with Section 29-1-1 , in accordance with the process described in Section 29-1-37 , or in accordance with other applicable statutes. The Secretary of State may deduct the costs of effecting the sale of the surplus property from the net proceeds of the sale before transferring the funds as authorized in Sections 51-11-101 through 51-11-107 . Proceeds from the sale of any such property shall, where applicable, be used for the acquisition of additional properties by the state, acting by and through the Mississippi Department of Wildlife, Fisheries and Parks, to satisfy any obligations imposed by grants as to the nature and use of the property.

(4) The liability of a county for any financial obligations or indebtedness to the district occurring or accruing before the dissolution of the district, including, but not limited to, the responsibility for paying its portion of any district bonds and other contractual obligations, and making annual payments to the district as set forth in Section 51-11-31 , shall continue in existence after the district is dissolved and shall be payable by the county to the department. The department is authorized to take such actions as necessary to collect any financial obligations of a county to the district that are still outstanding after the district is dissolved.
Miss. Code Ann. § 51-35-349 — MS Code / Title 51 / Chapter 33 / Section 35-349
Miss. Code Ann. § 51-35-349
Status: in_force

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article.
Miss. Code Ann. § 51-31-53 — MS Code / Title 51 / Chapter 17 / Section 31-53
Miss. Code Ann. § 51-31-53
Status: in_force

At the time of confirming the assessments of benefits and damages and the estimated costs of the work proposed, the court or chancellor may order the assessments to be paid in installments, in such amounts and at such times as may be convenient for the accomplishment of the work proposed or the payment of bonds issued therefor; otherwise, the whole amount of such assessments shall be payable on the confirmation of such assessments. The assessments and installments thereof shall draw interest at the rate of not exceeding six percent (6%) per annum, payable annually, from the date of the confirmation; but if any owner elects he may pay the whole amount of the assessment and interest against any part of his property, or all of it, before it becomes due and within thirty days from the date of the confirmation of the assessments and benefits and before the issuance of bonds for the district, and all such property paid on shall not be liable for the payment of such bonds and assessments further. All assessments for benefit and assessments for doing the work of the district shall be a lien upon the lands of the district, assessed specifically against such lands which have not had their assessments paid, and shall continue until such assessments are levied and paid. In case any assessment and accrued interest is not paid when due, the specific land against which said assessment is made shall be advertised and sold by the tax collector of the county, as he is required to sell lands delinquent for state or county taxes; and all the provisions of the laws of this state in reference to the sale of lands to enforce the payment of state and county taxes are hereby declared to be and hereby are made a part of this chapter to enforce the payment of the assessments herein authorized to be made. All drainage assessments shall be collected by the tax collector of the county at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment of drainage assessments as for nonpayment of state and county taxes.

At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.
Miss. Code Ann. § 51-5-3 — MS Code / Title 51 / Chapter 1 / Section 5-3
Miss. Code Ann. § 51-5-3
Status: in_force

In order to be licensed as a water well contractor in the State of Mississippi, the applicant must be qualified as set out below:

(a) Be at least twenty-one (21) years of age;

(b) Be of good moral character;

(c) Demonstrate to the satisfaction of the commission a reasonable knowledge of this chapter and the rules and regulations adopted by the commission under the provisions of this chapter;

(d) Possess the necessary drilling equipment, or present to the commission sufficient evidence to show that he has access to the use of such equipment at any time he needs it; and

(e) Have not less than three (3) years' experience in the work for which he is applying for a license.
Miss. Code Ann. § 51-4-21.4 — MS Code / Title 51 / Chapter 4 / Section 4-21.4
Miss. Code Ann. § 51-4-21.4
Status: in_force

In accordance with Section 51-4-7 , a loop of Bear Creek in Tishomingo County from the Mississippi-Alabama state line where it enters Mississippi to the Mississippi-Alabama line where it reenters Alabama is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-8-41 — MS Code / Title 51 / Chapter 5 / Section 8-41
Miss. Code Ann. § 51-8-41
Status: in_force

There is hereby created a statutory lien in the nature of a mortgage lien upon any system or systems acquired or constructed in accordance with this chapter, including all extensions and improvements thereof or combinations thereof subsequently made, which lien shall be in favor of the holder or holders of any bonds issued pursuant to said sections, and all such property shall remain subject to such statutory lien until the payment in full of the principal of and interest on said bonds. Any holder of said bonds or any of the coupons representing interest thereon may, either at law or in equity, by suit, action, mandamus or other proceedings, in any court of competent jurisdiction, protect and enforce such statutory lien and compel the performance of all duties required by said sections, including the making and collection of sufficient rates for the service or services, the proper accounting thereof, and the performance of any duties required by covenants with the holders of any bonds issued in accordance herewith.

If any default is made in the payment of the principal of or interest on such bonds, any court having jurisdiction of the action may appoint a receiver to administer said district and said system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against said system or systems, and for payment of operating expenses, and to apply the income and revenues thereof in conformity with the provisions of this chapter and any covenants with bondholders.
Miss. Code Ann. § 51-7-41 — MS Code / Title 51 / Chapter 5 / Section 7-41
Miss. Code Ann. § 51-7-41
Status: in_force

Any master water management district which has no unmatured bonded indebtedness, and which has constructed no works of improvement or projects as set forth herein or which has completed all purposes for which it was created, may be dissolved by the chancery court which organized said district in the manner hereinafter provided, but the proceedings for its dissolution shall not be commenced within three years after the date of organization of such district.
Miss. Code Ann. § 51-29-1 — MS Code / Title 51 / Chapter 17 / Section 29-1
Miss. Code Ann. § 51-29-1
Status: in_force

This chapter shall govern the future operation of all drainage districts heretofore organized or now in process of organization under the provisions of Chapter 195 of the Laws of 1912 and amendments thereto, and such other districts as may hereafter be organized under the provisions of this chapter, or which may elect to come within its provisions in the manner herein provided.

All of the provisions of Chapters 31 and 33 of this title which are not contained in this chapter, and which do not conflict with any of the provisions of this chapter, shall apply to any districts organized or operating hereunder.
Miss. Code Ann. § 51-13-147 — MS Code / Title 51 / Chapter 5 / Section 13-147
Miss. Code Ann. § 51-13-147
Status: in_force

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article. The water management district herein provided for shall not be subject to regulation or control by the public service commission.
Miss. Code Ann. § 51-3-13 — MS Code / Title 51 / Chapter 1 / Section 3-13
Miss. Code Ann. § 51-3-13
Status: in_force

Use of waters of the state shall not constitute absolute ownership or absolute rights of use of such waters, but such waters shall remain subject to the principle of beneficial use. It shall be the duty of the board to approve all applications made in such form as shall meet the requirements of this chapter and such rules and regulations as shall be promulgated by the board and which contemplate the utilization of water for beneficial purposes, within reasonable limitations, provided the proposed use does not prejudicially and unreasonably affect the public interest. If it is determined that the proposed use of the water sought to be permitted is not for beneficial purposes, is not consistent with standards established by the commission, or is detrimental to the public interest, it shall be the duty of the board to enter an order rejecting such application or requiring its modification.
Miss. Code Ann. § 51-9-211 — MS Code / Title 51 / Chapter 7 / Section 9-211
Miss. Code Ann. § 51-9-211
Status: in_force

Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, a debt, liability or obligation of the state, nor shall such bonds constitute a pledge of the full faith and credit of the state or of the district, but shall be payable solely from the revenues or assets of the district pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that the district shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the full faith and credit nor the taxing power of the state or the district is pledged to the payment of the principal of or the interest on such bonds.
Miss. Code Ann. § 51-8-9 — MS Code / Title 51 / Chapter 1 / Section 8-9
Miss. Code Ann. § 51-8-9
Status: in_force

After the public hearing required by Section 51-8-7 and upon full consideration of all matters and facts presented at such hearing, each such local governmental unit shall make a finding that the public convenience and necessity requires the creation of the district and that the creation of the district is economically sound and feasible.
Miss. Code Ann. § 51-9-213 — MS Code / Title 51 / Chapter 5 / Section 9-213
Miss. Code Ann. § 51-9-213
Status: in_force

The district shall have power in connection with the issuance of its bonds to:

(a) Covenant as to the use of any or all of its property, real or personal.

(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.

(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds.

(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of the registered owners of the bonds.

(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any water treatment, waterworks or water supply systems or any part thereof or any revenue-producing contract or contracts made by the district with any person to secure the payment of bonds, subject to such agreements with the registered owners of bonds as may then exist.

(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, moneys, funds or property with respect to which the district may have any rights or interest.

(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds.

(h) Covenant as to the limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds.

(i) Covenant as to the rank or priority of any bonds with respect to any lien or security.

(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the registered owners of bonds may be amended or abrogated, the amount of bonds the registered owners of which must consent thereto and the manner in which such consent may be given.

(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon and the use and disposition of insurance proceeds.

(l) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as the district may determine.

(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state.

(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the district tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the district power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the state.

(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions as any purchaser of the bonds of the district may reasonably require.
Miss. Code Ann. § 51-41-11 — MS Code / Title 51 / Chapter 35 / Section 41-11
Miss. Code Ann. § 51-41-11
Status: in_force

The application for reconstitution and certificate of incorporation shall be signed and acknowledged by a majority of the board of directors of the qualified corporation. When the application for reconstitution and certificate of incorporation and other required documents have been so filed with and accepted by the Secretary of State, as evidenced by the issuance by the Secretary of State of its certificate of existence in a form that the Secretary of State may deem appropriate, the water authority referred to in the application shall come into existence and shall constitute a body corporate and politic in perpetuity with power of perpetual succession and a political subdivision of the state under the name set forth in the application, and the water authority shall be vested with the rights and powers granted in this chapter and any other applicable laws. At the same time, the qualified corporation shall cease to exist and all assets and liabilities of every nature, including without limitation, all real property, personal property, certificate of public necessity and convenience, contractual obligations, lending obligations outstanding, rights afforded borrowers of federal and state funds and other tangible and intangible assets and liabilities of every nature shall, without need for further action or approval by any third party, be vested in and shall accrue to the benefit of the water authority. The water authority shall then send notice of transfer of said certificate to the Mississippi Public Service Commission.
Miss. Code Ann. § 51-29-61 — MS Code / Title 51 / Chapter 26 / Section 29-61
Miss. Code Ann. § 51-29-61
Status: in_force

All contractors shall be required to give a performance bond and a payment bond, which may be in one or in separate instruments, for the faithful performance of such contract as may be awarded them, with good and sufficient sureties in amounts to be fixed by the board of commissioners; and the board of commissioners shall not remit or excuse the penalty or forfeiture of said bond or bonds or the breaches thereof. The board of commissioners may appoint all necessary agents for carrying on the work and may fix their pay. They may buy all necessary material and implements as may be on hand and which may be necessary for the completion of the improvements under way, or which have been completed; and may in general, make all such contracts in the prosecution of the work as may best serve the public interest. It shall be the duty of the board of commissioners to have the amount of any work done by the contractor estimated from time to time, as may be desirable, by the engineer selected by the board of commissioners; and said board shall draw its warrants in favor of the contractor for not more than ninety per cent (90%) of the work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.
Miss. Code Ann. § 51-29-113 — MS Code / Title 51 / Chapter 17 / Section 29-113
Miss. Code Ann. § 51-29-113
Status: in_force

Should an appeal not be perfected within fifteen days after the decision of the board of drainage commissioners, or upon the final decision of the courts upon appeal, it shall be the duty of the clerk of the drainage district to immediately certify a copy of said order to the tax collector, showing the change and apportionment of such assessments; and such tax collector shall be guided thereby in making future collections of such assessments and tax. Such change in such assessment as made shall be deemed in law to be the amount of such assessment and tax to be due on the land as fixed by such order, and such lands shall not thereafter be liable for any amount above its apportioned part thereof. Such tax collector may issue receipt upon the payment by any party of such amount as has been apportioned to be due on any subdivision of land under the provisions of this chapter.
Miss. Code Ann. § 51-9-157 — MS Code / Title 51 / Chapter 8 / Section 9-157
Miss. Code Ann. § 51-9-157
Status: in_force

The accomplishment of the purposes stated in this article being for the benefit of the people of this state and for the improvement of their properties and industries, the district in carrying out the purposes of this article will be performing an essential public function and shall not be required to pay any tax or assessment on the project and related facilities or any part thereof, and the interest on the bonds issued hereunder shall at all times be free from taxation within this state. The state hereby covenants with the holders of any bonds to be issued hereunder that the Pearl River Valley Water Supply District shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.
Miss. Code Ann. § 51-31-93 — MS Code / Title 51 / Chapter 17 / Section 31-93
Miss. Code Ann. § 51-31-93
Status: in_force

If, in the organization of any drainage district under this chapter, it shall appear that any railroad company will be benefited by the construction of the proposed work, the drainage commissioners shall have the right to assess the said railroad such amount as they may deem said railroad or railroad company benefited. Said assessment shall be made at the time of assessing the lands of said district, and said railroads shall have the right to appear and make objections as land owners in said district at the time of hearing objections to such assessments.

In determining the amount of such benefits, the court or chancellor in vacation may take into consideration the improvements that might be made by said railroad of a permanent character, and the increased revenue to be gained by the improvement of the lands in said district for agriculture and sanitation, if any can be shown by the construction of such proposed work.
Miss. Code Ann. § 51-9-143 — MS Code / Title 51 / Chapter 8 / Section 9-143
Miss. Code Ann. § 51-9-143
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-9-133 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article, which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district described in the trust agreement, on behalf of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.
Miss. Code Ann. § 51-7-1 — MS Code / Title 51 / Chapter 1 / Section 7-1
Miss. Code Ann. § 51-7-1
Status: in_force

The purpose of this chapter is to provide for the creation of master water management districts for the carrying out in an orderly manner of works of improvement for the purposes of drainage, prevention of floodwater damage, or the conservation, development, utilization, and disposal of water, including the impoundment, diversion, flowage, and distribution of waters for recreation, beautification, welfare, and other beneficial use as defined in Sections 51-3-1 through 51-3-53 . The authority herein granted to master water management districts shall be limited to plans for works of improvement developed and carried out in cooperation with the secretary of agriculture under the provisions of Public Law 566, 83rd Congress, as amended, or projects for any of the purposes provided for by this chapter which may be developed and carried out by or in cooperation with any agency or agencies of the United States government under other laws of the United States.
Miss. Code Ann. § 51-29-151 — MS Code / Title 51 / Chapter 17 / Section 29-151
Miss. Code Ann. § 51-29-151
Status: in_force

In the event of such consolidation as provided in Sections 51-29-145 through 51-29-157 , the court or chancellor in vacation immediately shall proceed to name said consolidated district, and to appoint to govern the same a board of commissioners to consist of five members, three of whom shall constitute a quorum for the transaction of business, and who shall possess the same qualifications now required by law for drainage commissioners. Two of such commissioners shall be appointed for a term of two years, two for terms of four years, and one for a term of six years, and all shall serve until their successors are appointed. Upon the expiration of the initial term of any commissioner, his successor shall serve for a term of six years and until his successor is appointed. The commissioners so appointed shall take and subscribe the oath required by law, and enter into bond for the faithful performance of their duties in a penalty to be fixed by the court or chancellor, to be approved by the clerk of said court.
Miss. Code Ann. § 51-41-21 — MS Code / Title 51 / Chapter 37 / Section 41-21
Miss. Code Ann. § 51-41-21
Status: in_force

(1) The water authority is authorized at any time, and from time to time, to issue its bonds for the purpose of acquiring, constructing, improving, enlarging, completing and equipping one or more projects.

(2) Before the water authority's proposed issuance of bonds, the water authority shall publish one (1) time in a newspaper of general circulation in the affected county or counties, notice of the proposed issuance of bonds, the approximate principal amount of bonds contemplated to be sold, a general description of the project contemplated to be constructed with bond proceeds and the date of a public meeting at which members of the public may obtain further information regarding the sale of the bonds and the development of the project. The notice shall be published at least ten (10) days before the date of the hearing. The water authority chairman, or his or her designee, shall be responsible for conducting the hearing and shall require all public comments that might pertain to the proposed issuance of bonds by the water authority. Upon compliance with the provisions of this section, no other notice, hearing or approval by any other entity or governmental unit shall be required as a condition to the issuance by the water authority of its contemplated bonds.

(3) The principal of, and the interest, if any, on any bonds shall be payable out of the revenues derived from the projects with respect to which the bonds are issued, or from any other source available to the water authority.

(4) None of the bonds of the water authority shall ever constitute an obligation or debt of the state, the municipality or county in which the water authority operates, the Secretary of State, or any officer or director of the water authority, or a charge against the credit or taxing powers of the state.

(5) As the water authority determines, bonds of the water authority may:

(a) Be issued at any time and from time to time;

(b) Be in such form and denominations;

(c) Have such date or dates;

(d) Mature at such time or times and in such amount or amounts, provided that no bonds may mature more than forty (40) years after the date of issuance;

(e) Bear interest, if applicable, payable at such times and such rate or rates as may be established by the board;

(f) Be payable at such place or places within or without the State of Mississippi;

(g) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and

(h) Contain such other terms and provisions as may be appropriate or necessary in the discretion of the water authority.

(6) Bonds of the water authority may be sold at either public or private sale in such manner, and from time to time, as may be determined by the board to be most advantageous. The water authority may pay all expenses, premiums and commissions that the board may deem necessary or advantageous in connection with the authorization, sale and issuance of its bonds.

(7) All bonds shall contain a recital that they are issued under the provisions of this chapter, which recital shall be conclusive that they have been duly authorized under the provisions of this chapter.

(8) All bonds issued under the provisions of this chapter shall be and are declared to be negotiable instruments within the meaning of the negotiable instruments law of the state and shall be in registered form.

(9) All bonds issued by a water authority may be validated upon the direction of the board under Sections 31-13-1 through 31-13-11 . The validation hearing shall be held in the county in which the principal office of the water authority is located.
Miss. Code Ann. § 51-7-3 — MS Code / Title 51 / Chapter 1 / Section 7-3
Miss. Code Ann. § 51-7-3
Status: in_force

For the purposes of this chapter the following words and terms shall have these meanings:

(a) “Master water management district.” A governmental subdivision of this state and a public body, corporate and politic, created under the provisions of this chapter for the purposes set forth in Section 51-7-1 .

(b) “Drainage district.” Any drainage district organized under the laws of this state.

(c) “Water management district.” Any water management district created under the laws of this state.

(d) “Commissioner.” Unless otherwise indicated, one of the members of the governing board of a master water management district.

(e) “Landowner” or “owner of land.” Any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter.

(f) “Chancery court” or “chancellor.” The chancery court or chancellor acting in term time or vacation.
Miss. Code Ann. § 51-9-113 — MS Code / Title 51 / Chapter 5 / Section 9-113
Miss. Code Ann. § 51-9-113
Status: in_force

The chancery court of the First Judicial District of Hinds County may hear the petition at any term thereof, or the chancellor of said court may fix a time to hear such petition at any time in vacation, and may determine all matters pertaining thereto, may adjourn the hearing from time to time, and may continue the case for want of sufficient notice or other good cause. If said petition shall prove defective in any manner, the petitioners, upon motion, shall be permitted to amend the same.

Upon the day set for hearing said petition, or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same. If upon the hearing of such petition, it is found that such project is feasible from an engineering standpoint and practical, and if the creation of the water supply district under the terms of this article would meet a public necessity both local and statewide and would be conducive to the public welfare of the state as a whole, such court or chancellor shall so find and shall make and enter an order upon the minutes of the said chancery court stating that the said district to be known as the Pearl River Valley Water Supply District, should be organized subject to all of the terms and provisions of this article.

If the chancellor finds that the proposed water supply district should not be organized, he shall dismiss the proceedings, and the costs shall be paid by the Pearl River Industrial Commission.
Miss. Code Ann. § 51-31-97 — MS Code / Title 51 / Chapter 27 / Section 31-97
Miss. Code Ann. § 51-31-97
Status: in_force

If the owner or owners of any lands lying outside of a drainage district have made or shall hereafter make connection with the main ditch or drain or with any branch or lateral ditch or drain within the district, or if any such land is drained into the ditches and drains of a drainage district by ditches or drains constructed either before or after the organization of such drainage district, and if in either case the lands outside of such drainage district are benefited by the work done in such drainage district, the owner or owners shall be deemed to have made voluntary application to be included in such drainage district. Thereupon, the commissioners shall make a complaint in writing, stating the description of such land or lands benefited, the amount of benefits, the name of the owner or owners thereof, and the description of the drain or ditch making connection with the ditches as near as may be, and file said complaint in the chancery court where said district was organized. Said court or chancellor in vacation shall fix a day, not less than twenty-five days from the filing of the petition, when it shall hear such complaint; and thereupon the clerk of said court shall give each of the landowners notice of said proceedings by mailing each of them notice of said complaint to their post-office addresses not less than ten days prior to the date for said hearing, or personal service may be served on each of them as provided in ordinary suits not less than five days prior to the date of the hearing. On the hearing of the complaint and the issues joined, if any, if the court or chancellor finds the allegations in the complaint true, it shall decree that such lands, or such parts thereof as are benefited, be joined to said district petitioning. Such lands shall thereafter be a part of said petitioning district lands and shall be assessed and dealt with accordingly. Benefits, damages, and assessments may thereafter be made against such added lands on the same notice and under the same proceedings as against lands in the district originally, and said added lands shall be made to appear on the assessment rolls of the district as other lands of the district.
Miss. Code Ann. § 51-9-219 — MS Code / Title 51 / Chapter 9 / Section 9-219
Miss. Code Ann. § 51-9-219
Status: in_force

All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 51-41-33 — MS Code / Title 51 / Chapter 41 / Section 41-33
Miss. Code Ann. § 51-41-33
Status: in_force

This chapter shall be deemed to be full and complete authority for the creation of water authorities and the issuance of bonds as set forth in this chapter. No proceedings shall be required for the creation of water authorities or the issuance of bonds other than those provided for and required in this chapter. The board of directors of a water authority shall have all the powers necessary in order to carry out the provisions of this chapter.
Miss. Code Ann. § 51-8-61 — MS Code / Title 51 / Chapter 1 / Section 8-61
Miss. Code Ann. § 51-8-61
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district, the earnings for the fiscal year just ended, a statement of the water and sewer rates being charged and a brief statement of the method used in arriving at such rates. Such statement shall also be filed with the local governmental units creating the district.
Miss. Code Ann. § 51-31-23 — MS Code / Title 51 / Chapter 17 / Section 31-23
Miss. Code Ann. § 51-31-23
Status: in_force

Where the land to be included in a proposed drainage district lies wholly within one county or a judicial district of a county, the petition for the organization of the district shall be filed in the chancery court of such county or judicial district. Where the lands to be included in such proposed drainage district lie in two or more districts or counties in this state, the petition shall be filed in the chancery court of the county or judicial district in which the greatest or greater number of acres of land to be included lie. Such chancery court or the chancellor thereof shall have jurisdiction of the entire drainage district, whether all of the proposed lands of the drainage district lie within the chancery court district, or a part of the lands lie outside thereof.
Miss. Code Ann. § 51-29-75 — MS Code / Title 51 / Chapter 29 / Section 29-75
Miss. Code Ann. § 51-29-75
Status: in_force

No corporation, individual, or other drainage district, outside the limits of any district organized or operating under the terms of this chapter, shall drain into any ditch belonging to any district formed or operating under the terms of this chapter, without first paying compensation, to be ascertained by a jury in the circuit court or chancery court, for the use of said ditch, unless an agreement is reached between the commissioners of the district and the corporation, individual, or other drainage district desiring to use such ditch, as to such compensation. This and Section 51-29-77 shall not operate to interfere with vested rights to natural drainage.
Miss. Code Ann. § 51-9-123 — MS Code / Title 51 / Chapter 9 / Section 9-123
Miss. Code Ann. § 51-9-123
Status: in_force

All construction contracts by the district, where the amount of the contract shall exceed two thousand five hundred dollars ($2,500.00), shall be made upon at least three weeks' public notice by advertisement in a newspaper of general circulation in the district, which notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work; and in all such cases, before the notice shall be published, the plans and specification for the work shall be filed with the secretary of the district and there remain. The board of directors of the district shall award the contract to the lowest bidder, who will comply with the terms imposed by such board and enter into bond with sufficient sureties, to be approved by the board, in such penalty as shall be fixed by such board, but in no case to be less than the contract price, conditioned for the prompt, proper, and efficient performance of the contract.