Miss. Code Ann. § 51-7-3 — MS Code / Title 51 / Chapter 2 / 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. § 51-7-9 — MS Code / Title 51 / Chapter 7 / 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. § 51-8-65 — MS Code / Title 51 / Chapter 5 / 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. § 51-8-1 — MS Code / Title 51 / Chapter 7 / 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. § 51-29-113 — MS Code / Title 51 / Chapter 25 / 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. § 51-8-5 — MS Code / Title 51 / Chapter 4 / Section 8-5
Miss. Code Ann. § 51-8-5
Status: in_force

Creation of a joint water management district shall be initiated by identical resolutions passed by each interested local governmental unit. Such resolution shall set forth in detail the geographic boundaries of the district, the function or functions to be performed by the district, a statement of the necessity for the creation of the district, the proposed corporate name of the district and any other information reasonably necessary to inform the constituency of the governmental unit of the purpose and obligations of the respective units proposing to form the district.
Miss. Code Ann. § 51-31-55 — MS Code / Title 51 / Chapter 31 / Section 31-55
Miss. Code Ann. § 51-31-55
Status: in_force

The commissioners shall also, as soon as said petition to organize said district has been referred to them by the court, proceed to procure the right of way for the main ditch or ditches of said district, as well as the right of way for any laterals, drains, or levees that may be decided upon, by agreements with the landowners over or through whose lands the same is to be constructed. They shall take releases of rights of way for the construction of such ditch or ditches from the landowners and file same with the clerk, who shall record them. If the commissioners shall not be able to agree with any landowner as to the amount of damages such owner should receive for the right of way over which such ditch or other improvements or work shall be constructed, the commissioners shall appraise the said lands needed for said purposes and proceed as directed in Section 51-31-57 .

Should it be necessary for the successful prosecution of the work for an outlet or outlets to be obtained outside of the boundaries of the district, then the commissioners are authorized to obtain the same by contract with the interested parties or by eminent domain proceedings, on the approval of the chancery court or chancellor.
Miss. Code Ann. § 51-9-107 — MS Code / Title 51 / Chapter 3 / 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. § 51-8-23 — MS Code / Title 51 / Chapter 5 / Section 8-23
Miss. Code Ann. § 51-8-23
Status: in_force

The board of commissioners shall organize by electing one (1) of its members as chairman and another as vice chairman. It shall be the duty of the chairman to preside at all meetings of the board and to act as the chief executive officer of the board and of the district. The vice chairman shall act in the absence or disability of the chairman. Such board also shall elect and fix the compensation of secretary-treasurer who may or may not be a member of the board. It shall be the duty of the secretary-treasurer to keep all minutes and records of the board and to safely keep all funds of the district. The secretary-treasurer shall be required to execute a bond, payable to the district, in a sum and with such security as shall be fixed and approved by the board of commissioners. The terms of all officers of the board shall be for one (1) year from and after the date of election, and shall run until their respective successors are appointed and qualified.

Each board of commissioners shall adopt an official seal with which to attest the official acts and records of the board and district.
Miss. Code Ann. § 51-8-41 — MS Code / Title 51 / Chapter 2 / 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. § 51-13-129 — MS Code / Title 51 / Chapter 8 / Section 13-129
Miss. Code Ann. § 51-13-129
Status: in_force

The board of supervisors of each county becoming a member of the Tombigbee River Valley Water Management District shall pay or cause to be paid to the depository of said district a sum equal to one-half ( 1 / 2 ) mill on all of the taxable property within the Tombigbee Watershed area of the said county, beginning with the tax assessment for the calendar year 1964; and such payments shall be made and continued as long as there remains unpaid and outstanding any bonded indebtedness or obligations created by the district so created under this article. Any such board of supervisors shall provide the district the sum equal to the one-half ( 1 / 2 ) mill levy by appropriation of an equivalent sum from the general fund of the county.
Miss. Code Ann. § 51-31-5 — MS Code / Title 51 / Chapter 29 / 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. § 51-9-113 — MS Code / Title 51 / Chapter 2 / 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. § 51-3-41 — MS Code / Title 51 / Chapter 1 / Section 3-41
Miss. Code Ann. § 51-3-41
Status: in_force

The commission shall have authority to negotiate and recommend to the Legislature compacts and agreements concerning this state's share of ground water and waters flowing in watercourses where a portion of those waters are contained within the territorial limits of a neighboring state.
Miss. Code Ann. § 51-9-3 — MS Code / Title 51 / Chapter 8 / Section 9-3
Miss. Code Ann. § 51-9-3
Status: in_force

The members shall serve without pay except they shall be reimbursed out of county funds provided by this article for their actual traveling expenses and other necessary expenses incurred in the performance of their official duties, in an amount equal to travel and subsistence expenses allowed state employees under law. Upon appointment, said members shall meet and organize at some place designated by the governor, which shall be in one of the participating counties; and the members shall set a regular time and place for the members of the commission to meet, secure offices and all necessary equipment, and employ such engineering, professional, clerical, stenographic, and other assistance as may be necessary to carry out 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 commission.
Miss. Code Ann. § 51-29-65 — MS Code / Title 51 / Chapter 29 / Section 29-65
Miss. Code Ann. § 51-29-65
Status: in_force

Said bonds when issued shall be registered by the clerk of the board of supervisors in a book kept for that purpose, which shall be a public record and shall be a faithful and correct register showing the date, number, amount, and date due of said bonds, the place of payment, and to whom issued or paid, of all bonds issued, sold, or used; and the said clerk shall enter on said register an account of all the bonds paid, received, or taken up by said board of commissioners. It shall be the duty of the said commissioners to promptly furnish to the said clerk necessary data for the keeping of said registers, to cancel and destroy all bonds and coupons which have been paid, and to report the facts to the said clerk to be entered on said register; and no bond or coupons paid, received, or taken up by said board of commissioners shall again be used or reissued. The minutes of the said board of commissioners are furthermore required to show fully the date, number, amount, place of payment, to whom issued and paid of each of said bonds, and shall further show the coupons and bonds paid, taken up, and destroyed, as a check on the register required to be kept by said clerk.

And for the prompt payment of said bonds and coupons the board of commissioners may irrevocably pledge the full faith, credit and resources of the district, and all assessments of said district, as provided in this chapter.
Miss. Code Ann. § 51-31-17 — MS Code / Title 51 / Chapter 25 / Section 31-17
Miss. Code Ann. § 51-31-17
Status: in_force

After the organization of a drainage district, the commissioners shall elect a secretary and treasurer, who may be a member of the board or may be any person qualified to fill the position. He shall give bond in such sum as the commissioners, with the approval of the chancellor, may determine and shall receive such compensation as the commissioners may allow, subject to approval by the chancellor. Such secretary and treasurer shall receive from the county tax collector, whose duty it shall be to collect, all monies levied by said drainage commissioners. The commissioners, with the approval of the chancellor, may designate the depository for such funds; such depository to be a qualified county depository; and upon their failure so to do, the funds shall be deposited as is now provided by law for funds belonging to the treasury of the county. The drainage commissioners of a district which has no bonds outstanding or which has a surplus fund in the treasury, by and with the approval of the chancellor, may place the surplus funds in a qualified county depository on savings account for six (6) months or more, at a rate of interest of not less than two percent (2%), or may loan said surplus funds on land in the county in which the district is organized, at a rate of interest of not less than six percent (6%) and on such terms and for such time as the chancellor may direct. Any such depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for county funds.

It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.
Miss. Code Ann. § 51-8-43 — MS Code / Title 51 / Chapter 2 / Section 8-43
Miss. Code Ann. § 51-8-43
Status: in_force

(1) Except as otherwise provided in subsection (2), the governing body of any local governmental unit which is a member of any such district may, according to the terms of the resolution, levy a special tax, not to exceed two (2) mills, on all of the taxable property in such district, the avails of which shall be paid over to the board of commissioners of the district to be used for preparation and implementation of the district's water management plan, exclusive of capital expenditures, and operation of the administrative office of the district. Provided, however, that such special tax shall not be levied against any property in any portion of such district where the district has relinquished and surrendered its prior right to provide a particular service, as provided elsewhere in this chapter.

(2) The Board of Commissioners of the Yazoo-Mississippi Joint Water Management District is authorized to expend funds generated from the special tax levy under subsection (1) in connection with projects under the USDA, NRCS Mississippi Delta Comprehensive, Multipurpose Water Resource Plan hereinafter referred to as the “Mississippi Delta Study.” Such projects include low flows, interbasin transfers of new water supplies, on-farm storage reservoirs or conservation, and implementation activities such as the Sunflower River Low Flow Project and Well Field Project in Coahoma County, Mississippi. Expenditures under this subsection may include in-kind expenditures as well as direct expenditures, the cost and expenses of construction, operation and maintenance of the projects, and the cost and expenses of an indirect nature, such as technological assistance, engineering and scientific evaluation and analysis by technical personnel, labor, transportation and any expenditure that is intended to satisfy the districts' in-kind obligations in connection with the projects. However, the expenditures authorized by this subsection shall not extend to any project that relates to, encompasses or includes effluent treatment facilities or any water supply system to which the Safe Drinking Water Act applies, and any other projects that are determined by the district to be beyond the scope of the Mississippi Delta Study Projects.
Miss. Code Ann. § 51-9-195 — MS Code / Title 51 / Chapter 7 / Section 9-195
Miss. Code Ann. § 51-9-195
Status: in_force

Payments by any public agency for water supplies from the waterworks or water supply system owned or operated by the district shall be made from the gross receipts or revenues of the public agency's waterworks, water supply system, or of its combined waterworks, water supply, sewerage and sewage disposal systems, as may be prescribed in the contract between the public agency and the district, its successors or assigns, or as otherwise authorized by law. Such payments shall constitute an operating expense of the system or systems whose revenues are thus to be applied. No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of waterworks or a water supply system or any part thereof owned or operated by such public agency. Payments made or to be made to the district pursuant to any contract authorized by this act shall not be subject to approval or review by the Mississippi Public Service Commission.
Miss. Code Ann. § 51-29-101 — MS Code / Title 51 / Chapter 25 / Section 29-101
Miss. Code Ann. § 51-29-101
Status: in_force

The commissioners, engineers, and contractors, with their teams and outfits engaged in drainage work, shall have the right to pass over all the lands of others to and from the district, being liable to the owner for any damage done thereto. Any owner who shall prevent such passage over his lands shall be guilty of a misdemeanor and fined one hundred dollars for each day that he prevents such passage.
Miss. Code Ann. § 51-9-201 — MS Code / Title 51 / Chapter 2 / Section 9-201
Miss. Code Ann. § 51-9-201
Status: in_force

(1) Any public agency may, pursuant to a duly adopted resolution of the governing authority of such public agency, enter into contracts with the district for the district to acquire, construct, lease, improve, extend, operate or maintain a waterworks or water supply system or any part thereof or interest therein for the furnishing of water to the public agency; such contracts shall obligate the public agency to make payments to the district or to a trustee in amounts which shall be sufficient to enable the district to defray the expenses of administering, operating and maintaining its waterworks and water supply system, to pay interest and principal (whether at maturity or upon sinking fund redemption) on bonds of the district issued pursuant to this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, and to fulfill requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the district issued pursuant to this act. Any public agency shall have the power to enter into such contracts with the district as in the discretion of the governing authorities thereof would be in the best interest of such public agency. Such contracts may include a pledge of the full faith and credit of such public agency for payment of such amounts due under such contracts. Any such contract may provide for the sale or lease to or use of by the district of the waterworks, the water supply system or any part thereof of the public agency; may provide that the district shall operate the waterworks, water supply system or any part thereof of the public agency; may provide that any public agency shall have the right to continued use and/or priority use of the waterworks, water supply system or any part thereof of the district and the water supply made available thereby during the useful life thereof upon payment of reasonable charges therefor; may contain provisions to assure equitable treatment of persons or public agencies who contract with the district pursuant to this act; and may contain such other provisions and requirements as the parties thereto may determine to be appropriate or necessary. Such contracts may extend over any period of time, notwithstanding any provision of law to the contrary, and may extend beyond the life of the waterworks or water supply system or any part thereof or the term of the bonds sold with respect to such facilities or improvements thereto.

(2) The obligations of a public agency arising under the terms of any contract referred to in this act, whether or not payable solely from a pledge of revenues, shall not be included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable solely from the revenues and other moneys derived by the public agency from the operation of its waterworks or water supply system or any part thereof, such obligations shall be treated as expenses of operating such systems.

(3) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for the waterworks or water supply system or any part thereof subject to repayment by the district. A public agency may make such contributions or advances from its general fund or surplus fund or from any moneys legally available therefor.

(4) Payments made or to be made to the district by a public agency or other person pursuant to a contract for the waterworks or water supply system or any part thereof and the use of the water made available thereby shall be determined by the method specified in such contract and shall not be subject to approval or review by the Mississippi Public Service Commission.

(5) Subject to the terms of a contract or contracts referred to in this act, the district is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contracts, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered and water supplied to any user of the waterworks or water supply system operated or maintained by the district, whether or not such systems are owned by the district.

(6) The district shall plan any construction of any such waterworks or water supply system, shall enter into such contracts and shall arrange such financing as to assure that the district shall receive in payment under such contracts revenues sufficient to defray all direct and indirect costs, whether administrative, operational or otherwise, of administering, operating and maintaining such waterworks and water supply system, to pay interest and principal (whether at maturity or upon sinking fund redemption) on bonds of the district issued pursuant to this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, and to fulfill requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the district issued pursuant to this act. To that end, the district may not expend money, including taxes levied pursuant to Section 51-9-131, Mississippi Code of 1972 , for construction, operation or maintenance of any waterworks or water supply system authorized, acquired, constructed or improved under this act in excess of the revenues received by the district pursuant to contracts authorized by this act or otherwise available from the operation of such waterworks or water supply system.
Miss. Code Ann. § 51-15-101 — MS Code / Title 51 / Chapter 13 / 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. § 51-9-179 — MS Code / Title 51 / Chapter 1 / Section 9-179
Miss. Code Ann. § 51-9-179
Status: in_force

The district, by the act of the appointment of any reservoir police officer, shall be liable and responsible for all acts of such reservoir police officer while he is acting or purporting to act under the provisions of this article, whether such action be authorized by this article or not; further, the district shall indemnify the State of Mississippi and any sheriff for any loss, costs or expenses incurred by virtue of any act, deed or omission committed by a reservoir police officer while he is acting or purporting to act under the provisions of this article, whether the act, deed or omission is authorized by this article or not.
Miss. Code Ann. § 51-13-3 — MS Code / Title 51 / Chapter 1 / 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. § 51-39-31 — MS Code / Title 51 / Chapter 33 / Section 39-31
Miss. Code Ann. § 51-39-31
Status: in_force

(1) Any public agency may, in accordance with a duly adopted resolution or ordinance, contract with the district for the district to acquire, construct or provide facilities and projects to be owned by the district for furnishing storm water management and related services to the public agency or to users within the boundaries of the public agency. The public agency shall be obligated to make payments which shall be sufficient to enable the district to meet its expenses, and payments into funds for operation, maintenance and renewals and replacements. The contracts may also contain other terms and conditions as the district and the public agency may determine. Any contract may be for a term covering the life of the facilities or for any other term or for an indefinite period.

(2) Contracts may provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any facilities subject to repayment by the district. A public agency may make those contributions or advances from its general fund, general obligation bond proceeds, or surplus fund or from any monies legally available therefor. The entering into of any contract under this section shall not constitute the incurring of a debt by a public agency within the meaning of any constitutional or statutory limitations on debts of the state or units of local government.
Miss. Code Ann. § 51-11-101 — MS Code / Title 51 / Chapter 1 / 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. § 51-39-27 — MS Code / Title 51 / Chapter 33 / Section 39-27
Miss. Code Ann. § 51-39-27
Status: in_force

(1) Any regulations or best management practices adopted by the board under this chapter, shall be no more stringent or extensive in scope, coverage or effect than the regulations and best management practices promulgated or recommended by the United States Environmental Protection Agency.

(2) If federal regulations or recommended best management practices do not address any matter relating to a storm water management system, the board may adopt or promulgate appropriate regulations or best management practices to address those matters.
Miss. Code Ann. § 51-31-47 — MS Code / Title 51 / Chapter 17 / Section 31-47
Miss. Code Ann. § 51-31-47
Status: in_force

When the commissioners shall have completed their assessments of damages and benefits, they shall file the same with the clerk of the chancery court; and the clerk is authorized to set down and fix a time for the hearing of objections to such assessments, at the request of said commissioners, at any time that the court or chancellor in vacation may be able to hear the same as herein provided. The clerk shall cause a notice to be published at least once a week for two successive weeks, of the time set for hearing objections to such assessments, which time for hearing shall not be less than fifteen days nor longer than thirty days from the time of filing the same, unless a longer time shall be ordered by the court or chancellor or requested by the commissioners. Said publication shall be made in any newspaper published in the county, if there be one published in the county where the cause is pending; otherwise, by posting written notices in ten public places in the district, and shall be sufficient, and the only notice required of the filing of said assessment roll and the time set for hearing objections thereto.
Miss. Code Ann. § 51-9-217 — MS Code / Title 51 / Chapter 3 / Section 9-217
Miss. Code Ann. § 51-9-217
Status: in_force

(1) The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the district shall not be required to pay any tax or assessment on any property owned by the district under the provisions of this act or upon the income therefrom; nor shall the district be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.

(2) Any bonds issued by the district under the provisions of this act, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
Miss. Code Ann. § 51-35-11 — MS Code / Title 51 / Chapter 35 / Section 35-11
Miss. Code Ann. § 51-35-11
Status: in_force

The commissioners of any drainage district agreeing as herein provided to furnish rights of way for levees and drainage ditches for flood control work constructed by the United States of America, or any agency thereof, are hereby authorized and empowered to acquire or condemn rights of way for levees and drainage ditches inside and outside of the district in the same manner as the commissioners are now authorized to acquire or condemn rights of way and easements for the construction of other drainage works within the district.
Miss. Code Ann. § 51-9-151 — MS Code / Title 51 / Chapter 1 / Section 9-151
Miss. Code Ann. § 51-9-151
Status: in_force

The board of directors of the Pearl River Valley Water Supply District is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements, and rights of way necessary for the relocation of any federal road, highway, parkway, or for the facilities appurtenant thereto.
Miss. Code Ann. § 51-8-29 — MS Code / Title 51 / Chapter 2 / Section 8-29
Miss. Code Ann. § 51-8-29
Status: in_force

Districts created under this chapter shall have the powers set out in the creating resolution not inconsistent with the powers set forth in this chapter, and in addition, the power and authority to acquire, construct, reconstruct, improve, better, extend, consolidate, maintain and operate facilities and to contract with any municipality, person, firm or corporation for services and for a supply and distribution of water, for collection, transportation, treatment and/or disposal of sewage and for services required incident to the operation and maintenance of such systems. Except as provided elsewhere in this chapter, as long as any such district continues to furnish any of the services which it was authorized to furnish in and by the resolution by which it was created, it shall be the sole public corporation empowered to furnish such services within such district.

Any district created pursuant to the provisions of this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created. No enumeration of powers herein shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. Such districts are empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under such sections.
Miss. Code Ann. § 51-3-41 — MS Code / Title 51 / Chapter 3 / Section 3-41
Miss. Code Ann. § 51-3-41
Status: in_force

The commission shall have authority to negotiate and recommend to the Legislature compacts and agreements concerning this state's share of ground water and waters flowing in watercourses where a portion of those waters are contained within the territorial limits of a neighboring state.
Miss. Code Ann. § 51-7-27 — MS Code / Title 51 / Chapter 4 / Section 7-27
Miss. Code Ann. § 51-7-27
Status: in_force

For the purposes of carrying out the projects and responsibilities outlined herein, the board of commissioners shall have authority to borrow money at a rate of interest not exceeding that allowed in Section 75-17-105 , to issue its bonds, notes or other evidences of indebtedness therefor in a principal amount not exceeding the total amount assessed against all the real property in the district under the provisions of this chapter. Such bonds shall be issued only with the approval of the chancery court and upon the same notice to landowners of the district given in the same manner as provided herein in Section 51-7-11 , in connection with organization of the district. Such bonds, notes or other evidences of indebtedness shall bear a rate of interest not exceeding that allowed in Section 75-17-105 , shall be issued in denominations of not less than Five Hundred Dollars ($500.00), shall be signed by the president of said master water management district and countersigned by the secretary; shall bear the seal of the district; may be made payable either within or without the state, to the persons or person to whom sold, or bearer, or bearer simply, at the discretion of the commissioners; may be validated in the manner provided by law for validation of bonds; may have attached interest coupons bearing the facsimile signatures of the president and secretary of the district; and shall be sold at public sale, subject to approval of the chancery court. If any protest against issuance of such bonds shall be filed, such protest shall be heard and determination made thereon by the chancery court; and appeals may be taken either by the commissioners or the person filing the protest from the judgment or order of the court, in the manner provided herein for other appeals from judgments or orders of the court in connection with said master water management districts.

If it is found to be beneficial to the district, the commissioners may, in their discretion, deliver bonds by groups instead of for the total bond issue, with interest payable from the delivery date instead of the issue date, the delivery being made for an amount of money estimated to be needed to finance the district's operation for a year.

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. § 51-9-133 — MS Code / Title 51 / Chapter 2 / 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. § 51-29-87 — MS Code / Title 51 / Chapter 17 / 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. § 51-31-3 — MS Code / Title 51 / Chapter 25 / Section 31-3
Miss. Code Ann. § 51-31-3
Status: in_force

The terms “benefits” and “betterments,” as used in this chapter are interchangeable and shall be construed as synonymous. The terms “ditches” and “drains” shall be construed to also include levees and closed drains, such as tiling, as well as open ditches.
Miss. Code Ann. § 51-35-311 — MS Code / Title 51 / Chapter 35 / Section 35-311
Miss. Code Ann. § 51-35-311
Status: in_force

The chancery court in which said petition shall be filed 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, 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; and 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 flood and drainage control district under the terms of this article would meet a public necessity and would be conducive to the public welfare, 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, under the proposed name thereof, should be organized subject to all of the terms and provisions of this article. The chancellor shall have the power to change, alter, enlarge, diminish, or otherwise vary the areas to be included in such district from those set forth in said petition in such a manner that said district shall best meet the public necessity and be conducive to the public welfare, as disclosed by the evidence at the hearing.
Miss. Code Ann. § 51-29-91 — MS Code / Title 51 / Chapter 17 / Section 29-91
Miss. Code Ann. § 51-29-91
Status: in_force

To the payment of both principal and interest of the bonds and other negotiable evidences of debt to be issued under the provisions of this chapter, the entire revenues of the district from any and all sources and all real estate and railroads subject to taxation in the district are by this chapter pledged, in an amount not to exceed the amount of betterments assessed against said lands and railroads. The board of commissioners is hereby required to set aside annually from the first revenues collected from any source whatever a sufficient amount to secure and pay the interest on said bonds and evidences of indebtedness and a sinking fund for their ultimate retirement, if a sinking fund is provided for.
Miss. Code Ann. § 51-31-63 — MS Code / Title 51 / Chapter 31 / Section 31-63
Miss. Code Ann. § 51-31-63
Status: in_force

On or before the first Monday of September of each year, the drainage commissioners shall levy a tax on the amount of the original or supplemental assessment of benefits, which shall be in the same proportion as the installment authorized and directed by the court to become due that year, and shall certify their levy to the board of supervisors of the county in which the land lies. It shall thereupon become and be the duty of the said board or boards of supervisors to make a levy in accordance with such assessment sufficient to meet the bond obligations issued by the drainage commissioners and the interest accruing thereon, with ten per cent of the amount of such annual payment added for contingent expenses and liabilities in accordance with the decree of the chancellor. The ten per cent additional levy herein provided may be omitted in any one year when it shall appear that the contingent expense fund on hand exceeds twenty per cent of the total amount of bond and interest obligations falling due during the fiscal year. The said levy shall be apportioned and levied on each tract of land or other property in the district in proportion to the benefits assessed, and not in excess thereof. As soon as said levy is made, the secretary of the commissioners, at the expense of the district, shall prepare an assessment record of the district. It shall be a copy of the “assessment roll” provided above, and may contain any number of columns therein in which may be inscribed the levy made each year. He shall place therein the amount of the levy for the year, including interest accruing on the unpaid installments, and the said record shall be certified by the board of drainage commissioners, attested by the seal of the district, and filed with the tax collector of the county in which the land is located. The said secretary shall make a copy for each county in which the lands of the district may be situated, but only the lands situated in such county need be inscribed therein. At the time of confirming such assessment as herein provided, it shall be competent for the court or chancellor in vacation in such order to provide for all details connected with the fixing of the date, form, maturity, and amounts of any and all bonds that are ordered to be issued, and the fixing of the installments for the payment of such bonds. The court or chancellor in vacation may take the matter of such details under advisement for such further orders and decrees in vacation as may be necessary or advisable to perfect the details of same.
Miss. Code Ann. § 51-9-149 — MS Code / Title 51 / Chapter 7 / Section 9-149
Miss. Code Ann. § 51-9-149
Status: in_force

(1) The board of directors shall designate one or more qualified state depositories within the district to serve as depositories for the funds of the district, and all funds of the district other than funds required by any trust agreement to be deposited, from time to time, with the trustee or any paying agent for outstanding bonds of the district shall be deposited in such depository or depositories. Any such designated depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for state funds.

(2) Before designating a depository or depositories, the board of directors shall issue a notice stating the time and place the board will meet for such purpose and inviting the qualified state depositories in the district to submit applications to be designated depositories. The term of service for depositories shall be prescribed by the board. Such notice shall be published one (1) time in a newspaper or newspapers published in the district and specified by the board.

(3) At the time mentioned in the notice, the board shall consider the applications and the management and condition of the depositories filing them, and shall designate as depositories the qualified state depository or depositories which offer the most favorable terms and conditions for the handling of the funds of the district and which the board finds have proper management and are in condition to warrant handling of district funds. Membership on the board of directors of an officer or director of a depository shall not disqualify such depository from being designated as a depository.

(4) If no applications acceptable to the board are received by the time stated in the notice, the board shall designate some qualified state depository or depositories within or without the district upon such terms and conditions as it may find advantageous to the district. Any such designated depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for state funds.
Miss. Code Ann. § 51-13-149 — MS Code / Title 51 / Chapter 4 / Section 13-149
Miss. Code Ann. § 51-13-149
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 projects 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 Tombigbee River Valley Water Management 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. § 51-9-103 — MS Code / Title 51 / Chapter 7 / Section 9-103
Miss. Code Ann. § 51-9-103
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 preservation, conservation, storage, and control of such waters are necessary to insure an adequate, sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in flood control, 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 control of the waters of the Pearl River and its tributaries and its 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 Pearl River Valley Water Supply 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. § 51-13-9 — MS Code / Title 51 / Chapter 4 / Section 13-9
Miss. Code Ann. § 51-13-9
Status: in_force

This article shall be considered supplemental and additional to any and all other laws and confers sufficient authority in and of itself for the purposes set forth herein.
Miss. Code Ann. § 51-11-107 — MS Code / Title 51 / Chapter 2 / Section 11-107
Miss. Code Ann. § 51-11-107
Status: in_force

The State Auditor shall perform or have performed a final close-out audit of the accounts of the district. The close-out audit shall be in a form acceptable to the State Auditor and may be conducted in lieu of the usual annual audit of accounts, if the district had continued in existence. Costs of conducting the close-out audit may be defrayed from any funds formerly under the control of the district and currently under the control of the department.
Miss. Code Ann. § 51-31-41 — MS Code / Title 51 / Chapter 17 / 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. § 51-7-29 — MS Code / Title 51 / Chapter 1 / Section 7-29
Miss. Code Ann. § 51-7-29
Status: in_force

For the purposes of this chapter, including but not limited to the construction and maintenance of works of improvement, expenses of the board of commissioners, assessment of benefits, and for repayment of bonds and interest as provided herein, the commissioners of a master water management district shall have authority to assess the lands of the district in proportion to the benefits accruing to such lands; provided, however, that for the purpose of providing funds with which to clean out, restore, repair and rehabilitate the whole or any part of the drainage system of a district or for the purpose of cooperating with the United States or any agency thereof in such works, there may be imposed a uniform assessment by the commissioners of such master water management district or, upon resolution of the commissioners, by the commissioners of a drainage or subdrainage district on each acre of unsubdivided land lying within the master district and a uniform assessment by lot on subdivided land lying within the master district and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits accruing to each tract. Taxes levied hereunder are hereby declared to be taxes for maintenance purposes and shall not diminish in any manner the amount of assessed benefits in any such district which is otherwise available for the payment of any outstanding bonds of such district.

The assessments provided for in this section may be made even though evidences of indebtedness have been issued or validated or both prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby. No assessments shall be made against lands owned by the State of Mississippi or any political subdivision thereof, or lands owned by the United States of America or any agency thereof. Such assessment shall be made in such manner as to clearly show the name of the owner and the description of the lands against which the assessment is made. When the assessment has been made, the assessment roll shall be filed with the chancery clerk and notice of such assessment shall be given in the same manner that notice is given for other purposes as provided in Section 51-7-11 . Such notice of assessment shall include the date which the chancellor has set for hearing of any protest of such assessment. Such protest shall affect only the assessment against the person or persons making the protest. The court on such date, or within thirty (30) days thereafter, shall pass upon the assessment roll; and he or she shall have the authority to approve the roll, order its revision, or modify same, within his or her discretion. After the roll has been approved by the court, copies thereof certified by the secretary of the board of commissioners shall be transmitted to the boards of supervisors and the tax collectors of the counties within which the lands of the master water management district are located, and the boards of supervisors may make the levy for taxes upon the lands on the assessment roll on such percentage basis as is requested by the board of commissioners. If any landowners or the board of commissioners are aggrieved at any assessment approved by the chancellor, they shall have the right of appeal from the order of the chancellor as provided for under Section 51-7-23 , but such appeal shall not stay the collection of any tax levied on such assessment. The tax collectors of the respective counties in which such lands are located shall collect the taxes at the regular times provided by law for the collection of real estate taxes, and shall remit such collections to the secretary of the district within thirty (30) days after expiration of the time provided for payment thereof. All provisions of law for the sale of land for delinquent ad valorem taxes shall be applicable in effecting collection of any delinquent taxes which may be due under provisions of this chapter, and suit may be maintained against any delinquent taxpayer hereunder in the manner provided by law. All liabilities and penalties pertaining to responsibilities and duties of the tax collector generally shall be applicable hereunder.

At any time within three (3) years after the completion of construction of improvements for which assessment has been made under the provisions hereof, or within six (6) months after the effective date of this section, whichever is later, any landowner or group of landowners upon whose lands the original assessment or benefits were improperly or erroneously made may file an action in the chancery court of proper jurisdiction requesting modification or removal of such assessments. Upon a hearing being had on such action the chancellor shall make such findings of fact as the evidence adduced may require and may either confirm the assessments as originally made or may order such changes therein as may be required so that the total cost of the works as constructed may be borne by those lands in the district actually benefited thereby in proportion to the benefits actually conferred thereon by such improvements except as otherwise provided in this section. Such order may be made even though evidences of indebtedness have been issued and validated prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby.
Miss. Code Ann. § 51-3-39 — MS Code / Title 51 / Chapter 1 / Section 3-39
Miss. Code Ann. § 51-3-39
Status: in_force

(1) Any person proposing to construct, enlarge, repair or alter a dam or reservoir in this state except as provided elsewhere in this section, before proceeding with the construction thereof, must obtain written authorization from the board. Applications shall be made on forms provided by the board, and detailed plans shall be required when deemed necessary by the board in order to determine whether the proposed construction will provide adequate safety for downstream lives and property, and will not adversely affect downstream water rights or plans for the proper utilization of the water resources of the state. Provided further, that:

(a) Written construction authorization shall not be required for any dam or barrier to impound water which (i) is a peripheral dam or barrier of eight (8) feet or less in height, measured from the point of lowest elevation of the toe of the dam or barrier, regardless of impounded storage volume, (ii) impounds twenty-five (25) acre-feet or less at maximum storage volume, or (iii) which does not impound a watercourse with a continuous flow of water.

(b) Any person who seeks to build and maintain a dam on any watercourse lying in whole or in part within a levee district duly constituted under the laws of this state shall first obtain permission from the levee board of such levee district.

(c) Any person intending to acquire the right to store or use water from a reservoir formed by a dam on a watercourse regardless of whether or not written construction authorization therefor was required under this section, may do so only by making an application for a permit as provided elsewhere in this chapter.

(2) The board may request other agencies, or contract with consultants, to recommend land treatment or facilities necessary to prevent pollution of the waters of this state, or to protect the safety and general welfare of the people, and in the board's discretion, may require that these recommendations be followed before authorization to construct or modify the dam is issued, or order the removal of the dam after it has been constructed or request the commission to order the removal of the dam after it has been constructed or modified when such recommendations are not followed.

(3) The board and commission shall be authorized to make inspections of dams and reservoirs, regardless of whether or not written construction authorization therefor was required under this section, for the purpose of determining their safety, and shall require owners to perform at their expense such work as may be necessary for maintenance and operation which will safeguard life and property. Provided, however, a dam or reservoir may be exempt from inspections when the commission determines that the location, size or condition is such that lives and property will not be endangered. In carrying out the provisions of this section, the board and commission are authorized to expend available state funds, to receive funds from federal agencies, to contract with consultants and/or other agencies, and the commission may issue orders to owners of dams or reservoirs found to be unsafe requiring them to take the prescribed remedial action to safeguard downstream lives and property.

(4) No dam or reservoir, regardless of whether or not written construction authorization therefor is required under this section, may be constructed in such a manner as to impair the common law or other lawful rights of water users below or plans for the proper utilization of the water resources of the state. The board is authorized to prescribe such minimum flow releases from any dam or reservoir as may be found necessary to protect downstream users or otherwise prudently manage available surface water.

(5) When the board or commission finds a dam or reservoir constructed or modified in violation of this chapter or that the owner of a dam or reservoir has allowed the structure to deteriorate and remain in an unsafe condition after having been ordered to make the necessary repairs, then the commission may cause the structure to be removed and/or the board may revoke or modify any other authorization pertaining thereto.

(6) The provisions of this section shall not be construed as creating any liability for damages against the state and/or against its officers, agents and employees.

(7) The provisions of this section shall apply also to a county board of supervisors when constructing dams or low-water control structures on lakes or bodies of water in accordance with the provisions of Section 19-5-92 .
Miss. Code Ann. § 51-8-25 — MS Code / Title 51 / Chapter 2 / Section 8-25
Miss. Code Ann. § 51-8-25
Status: in_force

Every resident citizen of a local governmental unit in any district created pursuant to this chapter, of good reputation, being the owner of land or the conductor of a business situated within such district and being over twenty-one (21) years of age and of sound mind and judgment, shall be eligible to hold the office of commissioner.

Each person appointed as a commissioner, before entering upon the discharge of the duties of his office, shall be required to execute a bond payable to the State of Mississippi in the penal sum of Ten Thousand Dollars ($10,000.00) conditioned that he will faithfully discharge the duties of his office; each such bond shall be approved by the clerk of the governing body of such unit and filed with said clerk.

Any commissioner who shall remove his residence from the local governmental unit from which he was appointed or elected shall be deemed to have automatically vacated his office.

Each commissioner shall take and subscribe to an oath of office prescribed in Section 268, Mississippi Constitution of 1890 , before the clerk of said governing body that he will faithfully discharge the duties of the office of commissioner, which oath shall also be filed with said clerk and by him preserved with such official bond.

The commissioners so appointed and qualified shall be compensated on a per diem basis for their services for each meeting of the board of commissioners attended, either regular or special, at the rates established by law for state boards and commissions. Commissioners shall also be reimbursed for all expenses necessarily incurred in the discharge of their official duties in such amounts as are allowed for members of state boards and commissions.

The board of commissioners shall hold regular monthly meetings and such other special meetings as may be called by the chairman or a majority of the commissioners.
Miss. Code Ann. § 51-7-7 — MS Code / Title 51 / Chapter 3 / Section 7-7
Miss. Code Ann. § 51-7-7
Status: in_force

A master water management district may be enlarged in the same manner as provided by law for the organization of such district. The petition shall be filed by the commissioners of the master water management district who shall represent in such petition all water management districts therein.

A master water management district may be reduced in the same manner, by petition signed by its members and publication as provided for by Section 51-7-11 .
Miss. Code Ann. § 51-31-57 — MS Code / Title 51 / Chapter 17 / Section 31-57
Miss. Code Ann. § 51-31-57
Status: in_force

When the commissioners shall have made their appraisement of the land taken or to be taken, they shall certify the same and file it with the clerk of the chancery court of the county in which the land lies, and if the proceedings be in another county, also with said clerk in the county where the proceedings are had. The clerk shall thereupon set down and fix a time for the hearing of objections to such appraisement, at the request of the commissioners, to be heard by the chancery court or the chancellor in vacation. The clerk shall issue a summons directed to the sheriff of the county or counties of this state in which any landowner or other person interested may reside, commanding him to summon such owner or owners or other interested person to be and appear at the time and place named. If the owner of any land sought to be taken be an infant or person of unsound mind, the summons may be executed on his guardian; and the guardian in such cases is authorized, subject to the approval of the chancellor in term time or vacation, to sell and convey such property and dedicate it thus to the public use, or he may agree upon the damages and thereby bind the ward. If there be no guardian in such case, the chancellor in vacation may, on application of any one in interest, appoint a guardian ad litem to represent such infant or person of unsound mind, whose acts and doings in the premises shall be valid and binding on the ward. The chancellor may require a bond of such guardian ad litem. If the owner of such land be a nonresident of the state or cannot be found, or if the owner be unknown, and this shall apply to any person interested, upon affidavit to that fact being made by the commissioners or by their agent or attorney, service of the summons may be had on any of his agents in charge of the land; or publication shall be made in the manner provided by law for publication for nonresident and unknown parties in chancery suits. If the land belong to a deceased person whose estate is being administered, the summons may be served on the executor or administrator, who shall, for all purposes of this chapter, be authorized to act for the owner, and he shall be responsible on his bond accordingly. Such notice, when published, need only state that the hearing will be for the purpose of confirming the report of the commissioners as to the appraisement of land taken for the use of the district and through which the ditches of the district are to run; it shall contain the names of the owners or persons interested in such land and their post-office address, if known, and if unknown that fact shall be so stated; and it shall further contain a list of the land, described by section numbers, belonging to such nonresident owners and through which the ditches of the district are to run. If any owner is not satisfied with the amount allowed by the commissioners for land taken by reason of the construction of such proposed system according to the plans of said district, he shall file written objections thereto on or before the day named in the summons or notice.
Miss. Code Ann. § 51-29-89 — MS Code / Title 51 / Chapter 29 / Section 29-89
Miss. Code Ann. § 51-29-89
Status: in_force

All bonds and evidences of indebtedness issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands and railroads subject to taxation under this chapter, in an amount not to exceed the amount of benefits assessed against such lands and railroads. The board of commissioners shall see to it that an assessment is levied annually and collected under the provisions of this chapter, so long as it may be necessary for the payment of any bonds issued or obligations contracted under its authority, together with the interest thereon; and the making or levying of said assessment or levy may be enforced by mandamus at the instance of any person interested.
Miss. Code Ann. § 51-8-5 — MS Code / Title 51 / Chapter 8 / Section 8-5
Miss. Code Ann. § 51-8-5
Status: in_force

Creation of a joint water management district shall be initiated by identical resolutions passed by each interested local governmental unit. Such resolution shall set forth in detail the geographic boundaries of the district, the function or functions to be performed by the district, a statement of the necessity for the creation of the district, the proposed corporate name of the district and any other information reasonably necessary to inform the constituency of the governmental unit of the purpose and obligations of the respective units proposing to form the district.
Miss. Code Ann. § 51-4-17 — MS Code / Title 51 / Chapter 1 / Section 4-17
Miss. Code Ann. § 51-4-17
Status: in_force

(1) The department is authorized to conduct a pilot program for the following streams designated as eligible for inclusion in the State Scenic Streams Stewardship Program:

(a) Wolf River in Pearl River, Hancock, Stone and Harrison Counties beginning at Mississippi Highway 26 in Pearl River County to the Bay of St. Louis in Harrison County;

(b) Black Creek in Lamar, Forrest, Perry, Stone, George and Jackson Counties beginning at Mississippi Highway 589 in Lamar County to the Pascagoula River in Jackson County;

(c) Okatoma Creek in Simpson and Covington Counties beginning at the Illinois Central Gulf Railroad in Simpson County to the Bowie River in Covington County;

(d) Strong River in Smith, Rankin and Simpson Counties beginning at the confluence of Beech Creek in Smith County to the Pearl River in Simpson County;

(e) Pearl River in Winston and Neshoba Counties beginning at the origin, confluence of Nanih Waiya Creek and Bogue Chitto Creek in Winston County to MS Highway 15 in Neshoba County; and

(f) Buttahatchie River in Monroe and Lowndes Counties beginning at the Mississippi-Alabama state line in Monroe County to U.S. Highway 45 in Lowndes County.

(2) The department shall follow the requirements in this chapter for the nomination of these streams to the State Scenic Streams Stewardship Program. The department shall report annually to the Legislature on the status of the pilot program.

(3) Any landowner entering into a binding agreement for the management of lands in a pilot project shall be eligible for any subsequent incentives that are offered for participation in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-31-77 — MS Code / Title 51 / Chapter 26 / Section 31-77
Miss. Code Ann. § 51-31-77
Status: in_force

In case any damages shall be allowed to any landowner for the construction of ditches across his said lands, actual damages shall be allowed. Such damages shall be paid in cash by giving to the party entitled thereto an order for the amount thereof on said district treasurer, who shall pay the same on presentation.
Miss. Code Ann. § 51-31-115 — MS Code / Title 51 / Chapter 31 / 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. § 51-9-103 — MS Code / Title 51 / Chapter 2 / Section 9-103
Miss. Code Ann. § 51-9-103
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 preservation, conservation, storage, and control of such waters are necessary to insure an adequate, sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in flood control, 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 control of the waters of the Pearl River and its tributaries and its 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 Pearl River Valley Water Supply 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. § 51-4-23.5 — MS Code / Title 51 / Chapter 3 / Section 4-23.5
Miss. Code Ann. § 51-4-23.5
Status: in_force

In accordance with Section 51-4-7 , the Pascagoula River from the confluence of the Chickasawhay and Leaf Rivers in George County to its mouth in Jackson County, which was designated as eligible for nomination to the State Scenic Streams Stewardship Program under Section 51-4-21.3 , is designated as a state scenic stream and is included in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-9-207 — MS Code / Title 51 / Chapter 2 / Section 9-207
Miss. Code Ann. § 51-9-207
Status: in_force

The district may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the district deems to be in the public interest, without notice and without an election on the question of the issuance thereof. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of the district in respect of the same shall be governed by the provisions of this act relating to the issue of bonds other than refunding bonds insofar as the same may be applicable. Any such refunding may be effected, whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations proposed to be refunded thereby, and regardless of whether the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.
Miss. Code Ann. § 51-39-21 — MS Code / Title 51 / Chapter 33 / Section 39-21
Miss. Code Ann. § 51-39-21
Status: in_force

(1) All powers of the district shall be vested in the board of commissioners.

(2) If the district is composed of a single member, the governing body of that county or municipality shall serve as the board of commissioners of the district and shall exercise those powers and duties granted to the board under this chapter.

(3) If the district is composed of two (2) or more members, each member of the district shall have at least one (1) commissioner on the board. The board shall contain an odd number of commissioners:

(a) The incorporators shall, in the incorporation agreement, designate the vote of each commissioner based upon pro rata population or any other criteria as the incorporators may determine. In the alternative, the incorporators, in the incorporation agreement, may authorize appointments to the board by the members to reflect population, or any other criteria as the incorporators may determine. Within thirty (30) days after the effective date of the incorporation agreement, the governing body of each member shall appoint a commissioner or commissioners to the board as determined by the incorporation agreement. All vacancies shall be filled by appointment in the same manner as the original appointment.

(b) Each commissioner shall serve at the will and pleasure of the appointing governing body and for any term established by the appointing governing body.

(c) The governing body of each member shall appoint a commissioner or commissioners from among the elected officials serving on the governing body of the respective county or municipality.

(4) The board of commissioners shall annually elect a chairman and a vice chairman. The chairman shall preside at all meetings of the board and act as the chief executive officer of the board and of the district, unless otherwise determined by the board. The vice chairman shall act in the absence or disability of the chairman. A majority of the membership of the board shall constitute a quorum. Except as otherwise provided by law, all official acts of the board shall require an affirmative vote by a majority of those commissioners present and voting.

(5) The number of commissioners on the board shall be increased by at least one (1), as provided in an amended incorporation agreement, each time a county or municipality enters into membership. The board shall establish the vote or number of commissioners based upon the same terms as the original incorporation agreement. Within fifteen (15) days after becoming a member, the governing body of the new member shall appoint a commissioner or commissioners to the board.

(6) If the district is composed of three (3) or more members, the board may appoint an executive committee to be composed of not less than three (3) persons. No member shall have more than one (1) representative on the executive committee. The chairman of the board shall serve as chairman of the executive committee. The executive committee may execute all powers vested in the full board between meetings of the board. A majority shall constitute a quorum for the transaction of business. All actions of the executive committee must be ratified by a majority of the board at a regular or called meeting of the board.

(7)(a) The board may employ any personnel and appoint and prescribe the duties of any officers as the board deems necessary or advisable, including a general manager and a secretary of the district. The board may require any of its employees to be bonded. The cost of any bond required by this section or by the board shall be paid from funds of the district.

(b) The general manager may also serve as secretary and shall be a person of good moral character and of proven ability as an administrator with a minimum of five (5) years' experience in the management and administration of a public works operation or comparable experience which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the district. The general manager shall administer, manage and direct the affairs and business of the district, subject to the policies, control and direction of the board. The general manager shall give bond executed by a surety company or companies authorized to do business in this state in the penal sum of Fifty Thousand Dollars ($50,000.00) payable to the district conditioned upon the faithful performance of that person's duties and the proper accounting for all funds.

(c) The secretary shall keep a record of the proceedings of the board and the district and shall be custodian of all books, documents and papers filed with the district, the minute book or journal and the official seal. The secretary may make copies of all minutes and other records and documents of the district and to certify under the seal of the district that the copies are true and accurate copies, and all persons dealing with the district may rely upon those certificates.

(8) Regular meetings of the board shall be held as set forth in its rules or regulations for management of the district's business and affairs. Additional meetings of the board shall be held at the call of the chairman or whenever a majority of commissioners so request.

(9) Upon express and prior authorization by the board, each commissioner may receive reimbursement for actual and necessary expenses incurred for attending each day's meeting of the board and for each day spent in attending to the business of the district as provided by Section 25-3-41 . Each commissioner shall not be entitled to per diem or any additional compensation other than that specifically provided for in this subsection.

(10) The board shall prepare a budget for the district for each fiscal year at least ninety (90) days before the beginning of that fiscal year. The fiscal year shall be from July 1 to June 30 of each year. The board shall submit the budget to the governing body of each member.
Miss. Code Ann. § 51-29-77 — MS Code / Title 51 / Chapter 27 / Section 29-77
Miss. Code Ann. § 51-29-77
Status: in_force

In case it is necessary to do so in order to obtain a proper outlet for the drainage system, the commissioners may construct ditches or do other work beyond the border of their district so as to carry the water to some proper outlet or otherwise to secure the object of the improvement. In that event, they shall have the right to condemn a right of way for such drain or other construction, and the proceedings thereof shall be the same that are now provided by law. Such a ditch or drain beyond the limits of the district shall be the property of the district, and no person not assessed shall have the right to dig any lateral drain connecting therewith without the consent of the commissioners. If such property owner cannot agree with the commissioners as to the price to be paid for the privilege of connecting with such ditch, the board of supervisors of the county where such connection is sought to be made shall fix the amount of such compensation, and either shall have the right to appeal from its findings to the circuit court.
Miss. Code Ann. § 51-31-75 — MS Code / Title 51 / Chapter 31 / Section 31-75
Miss. Code Ann. § 51-31-75
Status: in_force

After the construction of said system of main ditches for said drainage district, all landowners in said district may construct branch or lateral drains, either open or tile, leading into said ditches and thereby drain their respective lands into said main outlet. In case any two or more landowners desiring to construct a branch or lateral ditch or drain to drain their lands cannot agree upon the just proportion to be borne by each, any one of them may petition the commissioners to lay out a branch ditch leading to and draining their lands; and the commissioners may proceed to lay out the same by giving notice and making assessments on the land in said subdistrict in the same manner in which they are herein required to give for the organization of the main district and assessment of the property benefited thereby.
Miss. Code Ann. § 51-9-109 — MS Code / Title 51 / Chapter 9 / Section 9-109
Miss. Code Ann. § 51-9-109
Status: in_force

The Pearl River Industrial Commission, acting through it members who favor bringing the counties they represent into the Pearl River Valley Water Supply District, shall petition the chancery court of the First Judicial District of Hinds County to organize and establish the Pearl River Valley Water Supply District and shall set forth in the petition:

(a) The counties to be included in the Pearl River Valley Water Supply District. Any county through which the Pearl River runs or which borders on the Pearl River may be included in the district.

(b) The fact that a preliminary report or study to determine the engineering feasibility of constructing a dam and reservoir in the basin of Pearl River has been made by a competent engineer or engineering firm and that such study or report shows that the construction of such facilities is feasible for water conservation or supply or for any of the other purposes or services contemplated by the legislative declaration of public policy in this article.

(c) The necessity and desirability for the construction of such facilities.

(d) A general description of the purposes of the contemplated works, and a general description of the plan including the lands to be overflowed or otherwise affected thereby, and maps or plats showing the general location of the reservoir and dam and related facilities. The word “project” when used herein shall mean the general plan and purposes of the Pearl River Valley Water Supply District, including its physical properties, as set out in this petition to the chancery court; and the words “project area” shall mean the physical location of the reservoir, dam, and related facilities as shown on the plats filed with the chancery court and shall include and be limited to an area of one mile from the shore line of the reservoir at high water. The words “related facilities” as used in this article shall mean the facilities indicated on said maps or plats filed with the chancery court or otherwise explained in the pleadings filed with the chancery court and shall include property, land, or areas of land adjacent to, or in the vicinity of, said reservoir or dam and within a distance of one mile from the high water mark of the proposed shore line of said reservoir as shown on said map, which may be acquired, owned, rented, leased, or sold by the district in connection with the recreational or industrial development and use of the project.

The petition shall be filed with as many copies as there are parties defendant. A copy of the preliminary report or study shall be attached to the original and each copy of the petition as an exhibit.

The board of water commissioners 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 census of ten thousand (10,000) or more is included in such proposed district, such municipality shall be made a party defendant.

It shall not be necessary that any land owners in the counties to be included in said proposed district be named in the petition, or made parties defendant. The chancellor of the chancery court of the First Judicial District of Hinds County, Mississippi, shall have jurisdiction of the entire water supply district and project area 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. § 51-13-145 — MS Code / Title 51 / Chapter 3 / Section 13-145
Miss. Code Ann. § 51-13-145
Status: in_force

The Tombigbee River Valley Water Management District shall have authority to act jointly with political subdivisions of the state and agencies, commissions, and instrumentalities thereof, and with the federal government and other agencies thereof in the performance of the purposes and services authorized in this article, upon such terms as may be agreed upon by the directors.

The board of directors of the district shall have the authority to negotiate and contract with the Secretary of the Army under the provisions of public law 653, 85th Congress, or other applicable law or regulation written pursuant thereto.
Miss. Code Ann. § 51-29-95 — MS Code / Title 51 / Chapter 27 / Section 29-95
Miss. Code Ann. § 51-29-95
Status: in_force

The commissioners of the district shall have the right and power to carry the ditches, either main or lateral, across any highway; and the board of supervisors shall construct suitable bridges across such ditches.

Such ditches may also be carried under or through any railroad track or tramway, and in such event the commissioners of the drainage district shall notify the railroad company or owner of said tramway or telegraph or telephone companies, operating lines of telegraph or telephone under or through which it is proposed to carry such ditches, of the probable time at which the contractor will be ready to enter upon the right of way of any of said companies and construct the work thereon. It shall thereupon be the duty of any said companies or owners of said lines of railway, telegraph, or telephone to send a representative to view the ground with the superintendent of construction, or other person appointed by the commissioners, and arrange the exact time at which the said work can be most conveniently done. At the time agreed upon, said railroads or owners thereof shall remove all rails, ties, stringers, and such other obstructions as may be necessary, and such owners of telegraph and telephone lines shall remove all wires, poles, and other obstructions as may be necessary, to permit the excavation of a channel or channels through its right of way. The work so done shall be planned and conducted so as to interfere in the least possible manner with the business of said railroad, telegraph, and telephone companies. In case any of such persons or corporations refuse and fail to remove any of said obstructions and to allow the construction of the work through its right of way, it shall be held as delaying the construction of a public work and improvement, and shall be liable to a penalty not to exceed fifty dollars ($50.00) per day for each day of delay thereof and all damages sustained by the district or contractor, to be recovered in any court having jurisdiction. Such penalty shall inure to the drainage district, and such damages shall inure to the person, firm, or district damaged. An itemized bill of the expenses of the railroad company for opening its track shall be made and presented to the commissioners of the district at some day previous to the day set for passing through said right of way, and a like itemized bill of expense attending the removal of wires and poles of telegraph and telephone companies shall be so presented, including all damages that will be sustained by any of said companies by the construction of said work. Thereupon the board of commissioners shall allow and pay such part thereof as it sees fit and proper, from which allowance either of said companies shall have the right of appeal to the chancery court, or chancellor in vacation; but such appeal shall not operate so as to prevent the drainage commissioners from constructing the proposed work through the rights of way of any of said companies.

This section shall not, however, conflict in any way with the right of eminent domain or the laws relating thereto, but is meant to be operative under and in connection with other provisions of this chapter.
Miss. Code Ann. § 51-31-71 — MS Code / Title 51 / Chapter 26 / Section 31-71
Miss. Code Ann. § 51-31-71
Status: in_force

After the organization of any drainage district under this chapter, and after the confirmation of the assessment as in this chapter provided, and after laying out a system of main drains for said drainage district, the said commissioners shall advertise for bids for the construction of said ditches by publishing a notice for three weeks in some newspaper in the county in which such district is organized, stating the time when and place where they will receive bids for the construction of such work. The time fixed for receiving and opening said bids shall not be less than twenty-two days from the time of the first publication. Said notice shall specify the kind and nature of the work to be done, the amount thereof as estimated by the engineer, and in what manner payment thereof will be made. They shall meet at the time and place designated in said notice and open said bids, and said contracts shall be let to the lowest responsible bidder. The said commissioners shall have the right to reject any and all bids if they deem that the same are too high, and may adjourn said letting to a future time and continue said advertisement until that time.

The commissioners shall take and file a certificate of publication of such notice with the clerk; and upon the acceptance of any bid for the construction of any work, they shall require said bidder to enter into contract with them for the faithful performance of said work according to the plans, specifications, profile, and estimates of the engineer, and require said contractor to enter into bonds for the faithful performance of said work within the time and in the manner specified in said contract.
Miss. Code Ann. § 51-31-109 — MS Code / Title 51 / Chapter 27 / Section 31-109
Miss. Code Ann. § 51-31-109
Status: in_force

The chancellor or any master appointed by the chancellor shall be entitled to receive and shall tax against the drainage district, as a part of the costs, all expenses incurred by the chancellor or master on account of hearing, considering, and determining any and all matters connected with the organization of such drainage district. In addition to receiving his traveling and other expenses, the master shall receive such additional compensation as shall be allowed him by the chancellor.
Miss. Code Ann. § 51-8-57 — MS Code / Title 51 / Chapter 3 / 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. § 51-8-13 — MS Code / Title 51 / Chapter 8 / 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. § 51-29-145 — MS Code / Title 51 / Chapter 25 / Section 29-145
Miss. Code Ann. § 51-29-145
Status: in_force

The board of commissioners of any drainage district of the State of Mississippi organized and existing under and by virtue of this chapter, which embraces lands in three or more counties in the State of Mississippi and which supplies an outlet for the water of three or more drainage districts draining tributary streams, in its discretion may, by resolution adopted at any meeting of said board and spread upon its official minutes, declare its proposal and intent to combine the territory of all of the drainage districts for which it supplies a drainage outlet, hereinafter referred to as tributary drainage districts, with the territory of the district supplying said outlet so as to form a single consolidated drainage district embracing the territory of all of the said drainage districts to be under the governing authority of a single board.

The same discretionary authority shall also be vested in the board of commissioners of a drainage district of the State of Mississippi meeting the following qualifications:

(a) That it was organized and is existing under and by virtue of this chapter;

(b) That it is located in two counties in the State of Mississippi, one of which has a population in accordance with the last previous federal census of less than 20,000 and an assessed value on the basis of the 1930-1954 assessment rolls placing it in class 5, and the other of which has a population of less than 20,000 and an assessed value on the basis of the 1930-1954 assessment rolls placing it in class 6, where the combined area of all the drainage districts proposed to be consolidated is less than 24,000 acres; and

(c) That it supplies an outlet for the water of one or more drainage districts through which there runs a continuous drainage canal shared by said districts and providing a combined drainage system for said districts.

Also, the same discretionary authority is vested in the board of drainage commissioners of any drainage district of the State of Mississippi located in one or more counties meeting only the qualifications of subsection (a) of this section whose drainage canal supplies an outlet for the water of one or more tributary drainage districts.
Miss. Code Ann. § 51-31-3 — MS Code / Title 51 / Chapter 26 / Section 31-3
Miss. Code Ann. § 51-31-3
Status: in_force

The terms “benefits” and “betterments,” as used in this chapter are interchangeable and shall be construed as synonymous. The terms “ditches” and “drains” shall be construed to also include levees and closed drains, such as tiling, as well as open ditches.
Miss. Code Ann. § 51-25-2 — MS Code / Title 51 / Chapter 17 / Section 25-2
Miss. Code Ann. § 51-25-2
Status: in_force

There is hereby created the Yellow Creek Watershed Authority composed of the geographic boundaries of the counties of Alcorn, Prentiss, and Tishomingo in the State of Mississippi which shall be governed by a board of directors consisting of nine (9) members. Three (3) members shall be appointed by the governor, one (1) from each of the counties in which the said watershed lies, all to be appointed for a term of four (4) years or until their successors are appointed and qualified. The board of supervisors of each of the three (3) counties involved shall appoint one (1) member. The three (3) counties involved shall appoint one (1) member. The three (3) members appointed by the supervisors shall serve staggered terms of four (4) years. The mayors of all incorporated municipalities within each of the three (3) counties shall appoint one (1) person from their county who shall be selected by a majority of the mayors. The three (3) members appointed by the mayors shall serve staggered terms of four (4) years. For the initial appointments, each board of supervisors and group of mayors shall appoint one (1) member for two (2) years, one (1) member for three (3) years, and one (1) member for four years. The initial appointment for the board of supervisors shall be as follows: Alcorn County, two (2) years, Tishomingo County, three (3) years, and Prentiss County, four (4) years. The initial appointment for the mayors shall be: Prentiss County, two (2) years, Alcorn County, three (3) years, and Tishomingo County, four (4) years. Board members shall be appointed by the appointing authorities within sixty (60) days after passage of this section. Board members 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 from such funds as may be available to the authority. Upon appointment said members shall meet and organize at Iuka, Mississippi, set a regular time and place for the meetings of the authority, and secure offices and all necessary equipment therefor. A full-time executive director may be appointed by the board if the board deems the appointment advisable, and, if a director is appointed, he shall be full-time and shall serve at the pleasure of the board. The salary of a director may be paid out of such funds as may be available to the authority or from any source.
Miss. Code Ann. § 51-13-119 — MS Code / Title 51 / Chapter 5 / Section 13-119
Miss. Code Ann. § 51-13-119
Status: in_force

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the board of water commissioners of the State of Mississippi as provided for in Sections 51-3-1 through 51-3-53 .
Miss. Code Ann. § 51-7-1 — MS Code / Title 51 / Chapter 3 / 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. § 51-29-43 — MS Code / Title 51 / Chapter 27 / Section 29-43
Miss. Code Ann. § 51-29-43
Status: in_force

Any landowner feeling aggrieved at the decree of the chancellor shall have the right to appeal in the manner provided in this chapter. No appeal shall interfere with the right of the district to enter upon and take possession of the property sought to be taken, or hinder the district in the doing of any act necessary and proper in the construction of the proposed system and the carrying out of the purposes of its organization, provided, however, that the district shall have first paid into the court the amount of the appraisement. Drainage districts organized under the provisions of this chapter shall have the power to acquire any and all lands, lying either within or without the limits of such districts, necessary to the carrying out of the successful drainage of the district, in the manner above provided. In addition to the method above prescribed for the acquisition of lands for the purpose of the district, drainage districts shall have and are hereby given and granted the right of eminent domain, and they may proceed to acquire rights of way by proceeding under the code before the court of eminent domain.
Miss. Code Ann. § 51-8-57 — MS Code / Title 51 / Chapter 4 / 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. § 51-13-5 — MS Code / Title 51 / Chapter 9 / Section 13-5
Miss. Code Ann. § 51-13-5
Status: in_force

The authority shall be financed in all of its activities from funds made available by each of the associated counties, and each such county is authorized and empowered to contribute any amount or amounts which the board of supervisors thereof shall deem advisable, acting in their sole discretion, to be paid from the general county fund of the respective counties.
Miss. Code Ann. § 51-4-21.7 — MS Code / Title 51 / Chapter 3 / 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. § 51-39-15 — MS Code / Title 51 / Chapter 37 / Section 39-15
Miss. Code Ann. § 51-39-15
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal authorities in Section 11-51-75 . However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution or ordinance in Section 51-39-11 , the creation of the district within the jurisdiction of that unit of local government shall be final and shall not be subject to attack in any court after that time.
Miss. Code Ann. § 51-9-139 — MS Code / Title 51 / Chapter 1 / Section 9-139
Miss. Code Ann. § 51-9-139
Status: in_force

To provide additional funds for the payment of the principal of, interest on, and other charges in connection with bonds issued under the provisions of this article, in the event its anticipated revenue and funds are found to be insufficient therefor by order entered on its minutes each year that such tax is found necessary, a copy of which order shall be published for two consecutive weeks in a newspaper published in each county of the district thirty days before such levy is made by the board of supervisors, the district is also empowered to levy annually a special tax, not to exceed two mills upon all of the taxable property within such district, on or before the first Monday of September of each year and shall certify the levy to the boards of supervisors of the various counties in said district; and it shall be the duty of the boards of supervisors to make said levy on each tract of land or other property in said county, according to the assessed valuation thereof. Such taxes shall be collected by the tax collectors of the respective counties in said district, who shall deposit them in such depository as shall be selected by the board of directors of the district. Where bonds are issued payable wholly or partially from ad valorem taxes, it shall be the duty of the board of directors to levy a tax sufficient, together with pledged revenues other than the taxes authorized hereunder, to pay the bonds and the interest thereon as such bonds and interest become due, provided that in no event shall the tax levied exceed two mills. Any part of this levy lost through homestead exemption shall not be reimbursed by the state.
Miss. Code Ann. § 51-29-87 — MS Code / Title 51 / Chapter 26 / 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. § 51-7-15 — MS Code / Title 51 / Chapter 7 / Section 7-15
Miss. Code Ann. § 51-7-15
Status: in_force

After appointment and organization proceedings as hereinbefore provided, the commissioners shall develop in conjunction with the United States Secretary of Agriculture, or with the head of such other federal agency as may be involved, plans for works of improvement within the scope of Section 51-7-1 , which are to be carried out within or without the area of said master water management district. Whatever federal financial or other assistance is furnished in connection with the planning or construction of the proposed improvements, such plans and specifications shall be detailed only to the extent required by the federal department or agency responsible for furnishing such assistance. In connection with the development of such plans, the said commissioners, with approval of the chancery court, may incur expenses for engineering work, legal services, costs of publication and other administrative expenses, and other necessary preliminary expenses, including acquisition of easements and rights-of-way. For the payment of any such expenses the district may, with the approval of the chancery court, borrow money at a rate of interest not exceeding that allowed in Section 75-17-105 , and issue negotiable notes or other evidences of indebtedness therefor, signed by the president and secretary of said board of commissioners, said notes or other evidences of indebtedness to be payable to the lender, or bearer, as said commissioners may elect. None of the said evidence of indebtedness so issued shall run for more than two (2) years, but they shall be subject to renewal for one (1) additional period up to two (2) years, and they shall be nontaxable. The commissioners may pledge all assessments on the land within the district made under provisions of this chapter for the payment of said evidences of indebtedness. Said obligations may be paid out of any general or special fund of the district, if organized, or out of the proceeds of the first assessments levied under this chapter. In the event said district is not organized after said indebtedness has been incurred, then the board of supervisors of the respective county or counties having territory or territories in such proposed district shall, on order of the chancery court, levy an acreage or an ad valorem tax against the lands embraced in said proposed district. If an ad valorem tax be levied, the board of supervisors may use for that purpose the assessments of the land according to the last assessment roll of the county in which said lands are situated; and in case the lands in the proposed district lie in more than one (1) county, then the chancery court shall apportion said indebtedness between the several counties, and the board of supervisors shall thereupon levy such apportioned tax upon the lands of their counties respectively, according to the ruling of the chancery court.

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. § 51-39-39 — MS Code / Title 51 / Chapter 39 / Section 39-39
Miss. Code Ann. § 51-39-39
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 statement shall also be filed with the governing body of each member of the district.
Miss. Code Ann. § 51-13-1 — MS Code / Title 51 / Chapter 3 / 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. § 51-9-11 — MS Code / Title 51 / Chapter 2 / Section 9-11
Miss. Code Ann. § 51-9-11
Status: in_force

The board of supervisors of any of the several counties of this state bordering on the Pearl River, or through which the Pearl River flows, and the governing authority of any municipality within any such county are each respectively hereby authorized and empowered, in their sole discretion, to appropriate and donate such a sum of money as said board of supervisors or governing authority shall deem reasonable and advisable to assist any nonprofit, nonshare corporation organized and existing under the laws of the State of Mississippi for the purpose of planning and developing the resources and industrial, agricultural, and recreational potentials of the Pearl River. Any donation made by the board of supervisors of any county or the governing authority of any municipality under the authority of this section shall be evidenced by an order spread upon the minutes of said board or governing authority, and shall be paid out of general funds in their respective treasuries, to be drawn by warrant thereon payable directly to such a nonprofit, nonshare corporation.

Any additional tax levy made to support any appropriations or donations under authority of this section shall not be refundable under the homestead exemption laws of this state.
Miss. Code Ann. § 51-31-17 — MS Code / Title 51 / Chapter 26 / Section 31-17
Miss. Code Ann. § 51-31-17
Status: in_force

After the organization of a drainage district, the commissioners shall elect a secretary and treasurer, who may be a member of the board or may be any person qualified to fill the position. He shall give bond in such sum as the commissioners, with the approval of the chancellor, may determine and shall receive such compensation as the commissioners may allow, subject to approval by the chancellor. Such secretary and treasurer shall receive from the county tax collector, whose duty it shall be to collect, all monies levied by said drainage commissioners. The commissioners, with the approval of the chancellor, may designate the depository for such funds; such depository to be a qualified county depository; and upon their failure so to do, the funds shall be deposited as is now provided by law for funds belonging to the treasury of the county. The drainage commissioners of a district which has no bonds outstanding or which has a surplus fund in the treasury, by and with the approval of the chancellor, may place the surplus funds in a qualified county depository on savings account for six (6) months or more, at a rate of interest of not less than two percent (2%), or may loan said surplus funds on land in the county in which the district is organized, at a rate of interest of not less than six percent (6%) and on such terms and for such time as the chancellor may direct. Any such depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for county funds.

It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.
Miss. Code Ann. § 51-29-39 — MS Code / Title 51 / Chapter 26 / Section 29-39
Miss. Code Ann. § 51-29-39
Status: in_force

In lieu of the method provided in Sections 51-29-29 through 51-29-35 for acquiring land and making compensation for damages, the drainage commissioners may adopt the following method for acquiring lands and making compensation for damages, to wit:

The commissioners may, at any time after the organization of the district, appraise the value of any land taken or to be taken for the purposes of the proposed improvement, according to the plans of the district on file, and the damages resulting to the owners from such taking. The board may specify, in case of any property, the particular purpose for which and the extent to which easement is desired, and the assessment of property in such case shall represent only the damages resulting from the use so specified. They may make a complete appraisement of all such lands, taken or to be taken, at one time, or at any time make appraisements as it becomes necessary or desirable. When the commissioners have made their appraisement of lands taken, they shall certify to the same and file it with the clerk of the chancery court of the county in which the land lies. The court, or chancellor in vacation, shall enter an order designating the date, time, and place for the hearing of objections to such appraisement, either at a regular term of the court or in vacation. The clerk shall issue a summons directed to the sheriff of the county or counties of the state in which any landowner or other person interested may reside, commanding him to summon such owner or owners or interested persons to appear at the time and place named. If the owner of any land sought to be taken is an infant or person of unsound mind, the summons may be served on his guardian; and the guardian in such cases is authorized, subject to the approval of the chancellor in termtime or vacation, to sell and convey such property and dedicate it thus to the public use, or he may agree upon the damages and thereby bind the ward. If there is no guardian in such case, the chancellor in vacation may, on application of anyone in interest, appoint a guardian ad litem to represent such infant or person of unsound mind, whose acts and doings in the premises shall be valid and binding on the ward. The chancellor may require a bond of such guardian ad litem. The clerk of the court shall notify the guardian ad litem of his appointment and the amount of bond required, if any, by certified mail sent to the post office address of the guardian. If the owner of such land is a nonresident of the state or cannot be found, or if the owner is unknown, and this shall apply to any person interested, upon affidavit to that fact being made by the commissioners or by their agent or attorney, service of the summons may be delivered to any of his agents in charge of the land; or publication shall be made in the manner provided by law for publication for nonresident and unknown parties in chancery suits. If the land belongs to a deceased person whose estate is being administered, the summons may be served upon the executor or administrator, who shall, for all purposes of this chapter, be authorized to act for the owner, and shall be responsible on his bond accordingly. Such notice, when published, need only state that the hearing will be for the purpose of confirming the report of the commissioners as to the appraisement of land taken for the use of the district. The notice shall contain the names of the owners or persons interested in such land and their post office address, if known, and if unknown, that fact shall be so stated, and shall contain a list of the land, described by section numbers, belonging to such nonresident owners through which the ditches of the district are to run, or which such lands are to be taken for the uses of the district.

If any owner is not satisfied with the amount allowed by the commissioners for lands taken by reason of the construction of such proposed system according to the plans of the district, he shall file with the clerk of the court written objections, in specific terms, prior to the time designated for the hearing.

If no written objections are filed, a decree confirming the appraisement shall be rendered, and upon payment of the amount to the chancery clerk, the commissioners of the district may enter upon and take possession of the property and appropriate it to the public use of the district and the title of the property shall thereupon vest in the district. The clerk shall receipt upon the decree for the money paid, and the decree with the receipt thereon shall be recorded.

If written objections are filed prior to the time set for the hearing, the court or chancellor in vacation shall proceed to hear the objections filed, trying the cause or causes without the intervention of a jury.

No judgment by default shall be entered against an owner or person interested residing in this state unless it appears that he has been duly served with summons at least thirty (30) days before the return day, and no judgment by default shall be rendered against any nonresident or unknown person or persons interested unless proper publication has been made.
Miss. Code Ann. § 51-41-25 — MS Code / Title 51 / Chapter 35 / Section 41-25
Miss. Code Ann. § 51-41-25
Status: in_force

(1) The principal of, and interest, if any, on the bonds, may be secured by a pledge of the revenues of the water authority of that project financed by the water authority through its issuance of bonds, or from any other source that the water authority may deem necessary and appropriate, and may be secured by the creation of a mortgage and security interest encumbering the real property of the water authority, or security interest in all personal property and revenues of the water authority as set forth in the indenture.

(2) The trustee under any indenture may be a trust company or bank having trust powers, whether located within or without the state.

(3) The indenture may contain any agreements and provisions customarily contained in instruments securing evidences of indebtedness including, without limiting, the generality of the foregoing provisions respecting the nature and extent of the security; the collection, segregation and application of the revenues generated from the operation of any project covered by the indenture; covenants to always operate the project as a revenue-producing undertaking and to charge and collect, including the obligation to increase from time to time, sufficient revenue to maintain income at required levels; the maintenance and insurance of the project; the creation and maintenance of reserve and other special funds; and the rights and remedies available in the event of default to the holders of the bonds or the trustees under the indenture, all as the board shall deem advisable and as shall not be in conflict with the provisions of this chapter.

(4) If there is any default by the water authority in payment of the principal of, or the interest, if any, on the bonds or in any of the agreements on the part of the water authority that may properly be included in any indenture securing the bonds, the bondholders or the trustee under any indenture, as authorized in the indenture, may either in law or in equity, by suit, action, mandamus, or other proceeding, enforce payment of the principal or interest, if any, and compel performance of all duties of the board and officers of the water authority, and shall be entitled as a matter of right and regardless of the sufficiency of any such security to the appointment of a receiver in equity with all the powers of that receiver for the operation and maintenance of the project covered by the indenture and the collection, segregation, and applications of income and revenues from the project.

(5) The indenture may contain provisions regarding the rights and remedies of any trustee under the indenture and the holders of the bonds and the coupons and restricting the individual rights of action of the holders of the bonds and coupons.

(6) There is created a statutory lien in the nature of a mortgage lien upon any project, system or systems acquired or constructed with proceeds of bonds issued by a water authority under this chapter, including all extensions and improvements thereof or combinations thereof subsequently made, the lien shall be in favor of the holder or holders of any bonds issued under this chapter, and all that property shall remain subject to the statutory lien until the payment in full of the principal of and interest, if any, on the bonds. Any holder of the bonds or any of the coupons representing interest on the bonds may, either at law or in equity, by suit, action, mandamus or other proceedings, in any court of competent jurisdiction, protect and enforce the statutory lien and compel the performance of all duties required by this chapter, 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 under this chapter.

If any default is made in the payment of the principal of or interest, if any, on the bonds, any court having jurisdiction of the action may appoint a receiver to administer the water authority and the project, system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against project, 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. § 51-13-149 — MS Code / Title 51 / Chapter 8 / Section 13-149
Miss. Code Ann. § 51-13-149
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 projects 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 Tombigbee River Valley Water Management 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. § 51-15-7 — MS Code / Title 51 / Chapter 3 / Section 15-7
Miss. Code Ann. § 51-15-7
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. § 51-9-171 — MS Code / Title 51 / Chapter 5 / Section 9-171
Miss. Code Ann. § 51-9-171
Status: in_force

This article shall be cited as “The Pearl River Valley Water Supply District Reservoir Police Officer Law of 1978.”
Miss. Code Ann. § 51-31-51 — MS Code / Title 51 / Chapter 17 / Section 31-51
Miss. Code Ann. § 51-31-51
Status: in_force

Any party in interest may appeal to the supreme court of the state within ten days after the assessments have been confirmed or passed upon as provided in Section 51-31-49 . The record of the proceedings or the bill of exceptions in every case shall be required to be filed within thirty days after the hearing, and the appeal bond shall be filed and approved within ten days after such approval of the assessment. Each party appealing shall execute a separate appeal bond in a sum of not less than $100.00, and a greater penalty shall be required, where in the judgment of the chancellor or court, the costs in the case are likely to exceed the sum of $100.00. After ten days from the approval of the assessments, the decree shall be final as to all persons in interest who have not executed appeal bonds as herein provided or as the court may fix as to the amounts thereof. No appeals shall be allowed in the proceeding until after the assessments are made final by order of the court or chancellor, whether the appeal relates to the assessment or to other features of the proceeding; and no appeal or appeals shall stop the proceedings with reference to the organization and doing the work of the district, but the work and proceedings shall proceed the same as if no appeal or appeals had been had. In case of a reversal in any feature of the proceedings, the errors shall be corrected according to the mandate of the court, so that no injustice shall result from any error of the court first making the error.
Miss. Code Ann. § 51-3-21 — MS Code / Title 51 / Chapter 1 / Section 3-21
Miss. Code Ann. § 51-3-21
Status: in_force

(1) The commission, through its Office of Land and Water Resources, shall proceed as rapidly as possible to study existing water resources in the state; means and methods of conserving and augmenting such waters; existing and contemplated needs and uses of water for protection and procreation of fish and wildlife, irrigation, mining, power development, and domestic, municipal, and industrial uses; and all other related subjects, including drainage, reclamation, flood-plain or flood-hazard area zoning, and selection of reservoir sites. Not later than July 1, 1997, the commission shall formulate, as a functional element of a comprehensive state plan, an integrated, coordinated plan for the use and development of the waters of the state, based on the above studies. This plan, with such amendments, supplements and additions as may be necessary from time to time, shall be known as the “state water management plan.”

(2) In the formulation of the state water management plan, the commission shall give due consideration to:

(a) The attainment of maximum beneficial use of water for such purposes as those referred to in subsection (1).

(b) The maximum economic development of the water resources consistent with other uses.

(c) The control of such waters for such purposes as environmental protection, drainage, flood control and water storage.

(d) The quantity of water available for application to a beneficial use.

(e) The prevention of wasteful, uneconomical, impractical or unreasonable uses of water resources, including free-flowing wells, existing or otherwise, regardless of size.

(f) Presently exercised domestic or exempted uses and permit rights.

(g) The preservation and enhancement of the water quality of the state and the provisions of the state water quality plan.

(h) The state water resources policy as expressed by this chapter.

(i) The allocation of surface water and groundwater in those situations in which the Governor has declared that an emergency situation exists which creates an imminent and substantial endangerment threatening the public health and safety or the lives and property of the people of this state.

(3) During the process of formulating or revising the state water management plan, the commission shall consult with and carefully evaluate the recommendations of concerned federal, state and local agencies, particularly the governing boards of the water management districts and local governments, and other interested persons. The commission may conduct such public meetings or hearings as it may deem necessary or appropriate to insure maximum public involvement in the formulation and adoption of the state water management plan.

(4) Each such governing board is directed to cooperate with the commission in conducting surveys and investigations of water resources, to furnish the commission with all available data of a technical nature, and to advise and assist the commission in the formulation and drafting of those portions of the state plan applicable to such water management district or local government.

(5) For the purposes of this plan the commission may, in consultation with the affected governing board, divide each water management district into sections which shall conform as nearly as practicable to hydrologically controllable areas and describe all water resources within each area.

(6) The commission shall give careful consideration to the requirements of public recreation and to the protection and procreation of fish and wildlife. The commission may prohibit or restrict other future uses on certain designated bodies of water which may be inconsistent with these objectives.

(7) The commission may designate certain uses in connection with a particular source of supply which, because of the nature of the activity or the amount of water required, would constitute an undesirable use for which the permit board may deny a permit.

(8) The commission may designate certain uses in connection with a particular source of supply which, because of the nature of the activity or the amount of water required, would result in an enhancement or improvement of the water resources of the area. Such uses shall be preferred over other uses in the event of competing applications under the permitting system authorized by this chapter.

(9) The commission may add to the state water management plan any other information, directions or objectives it deems necessary or desirable for the guidance of governing boards or other agencies in the administration and enforcement of this chapter.

(10) The commission may delegate to any joint water management district authority to assist the commission in preparation, administration and implementation of the state water management plan, or any activity related thereto, in such district.
Miss. Code Ann. § 51-31-117 — MS Code / Title 51 / Chapter 27 / 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. § 51-3-55 — MS Code / Title 51 / Chapter 3 / Section 3-55
Miss. Code Ann. § 51-3-55
Status: in_force

(1) It shall be the duty of the Commission on Natural Resources to serve as the enforcement agency for the Permit Board when the board determines that the sanctions available to it are not sufficient to achieve compliance with the provisions of this chapter. In such cases the board shall notify the commission of such noncompliance or violation and request that the commission take appropriate action. A member of the commission or an employee of the commission may also make such a request.

(2) Any person who knowingly submits false or inaccurate information in support of a permit application or a notice of claim or who wilfully fails to comply with the conditions of a permit issued by the board or who wilfully violates orders issued by the commission shall, upon conviction, be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which such violation exists or continues shall constitute a separate offense.

(3) In addition to or in lieu of filing a criminal complaint, the commission may impose a civil penalty not more than Twenty-five Thousand Dollars ($25,000.00) for each such offense, such penalty to be assessed and levied by the commission after a hearing as provided herein.

(4) Appeals from the imposition of the civil penalty may be taken to the chancery court in the same manner as appeals from orders of the commission. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, conditioned, if the judgment shall be affirmed, to pay all costs of the assessment entered against the appellant.

(5) In lieu of, or in addition to, the penalty provided in subsection (3) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 51-3-1 through 51-3-55 , rules and regulations in force pursuant thereto, and orders and permits issued under those sections, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to life or property, it shall not be necessary in such cases that the state plead or prove: (a) That irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.

(6) Commission hearings on the imposition of the above prescribed civil penalty or other sanctions shall be conducted as prescribed in Sections 49-17-31 through 49-17-41 .
Miss. Code Ann. § 51-8-11 — MS Code / Title 51 / Chapter 8 / Section 8-11
Miss. Code Ann. § 51-8-11
Status: in_force

Upon the making of such finding, the governing body of each interested local governmental unit shall publish the finding accompanied by the initial resolution specified in Section 51-8-5 in the manner provided in Section 19-5-157 .

If twenty percent (20%) or fifteen hundred (1500), whichever is lesser, of the qualified electors of a local governmental unit file a written petition with the governing body of such unit on or before the date specified for creation of the district, an election shall be held in the same manner prescribed by Section 19-5-157 .
Miss. Code Ann. § 51-29-153 — MS Code / Title 51 / Chapter 29 / Section 29-153
Miss. Code Ann. § 51-29-153
Status: in_force

When said board of commissioners of said consolidated district have been appointed and have qualified as required by law, the several boards of commissioners of the said separate drainage districts shall cease to exist, and their power and authority shall terminate. They shall be divested of all of the power and authority theretofore vested in said several boards of commissioners, and all of their said power and authority and jurisdiction in respect to the territory and drainage improvements of their said respective separate districts shall vest in, and thereafter be exercised by, said board of commissioners of said consolidated district.
Miss. Code Ann. § 51-35-329 — MS Code / Title 51 / Chapter 35 / Section 35-329
Miss. Code Ann. § 51-35-329
Status: in_force

When the results of the election on the question of the issuance of such bonds shall have been canvassed by the county election commissioners and certified by them to the board of directors of the district, it shall be the duty of such board of directors to determine and adjudicate whether or not a majority of the qualified electors who voted in such election voted in favor of the issuance of such bonds. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of directors may issue such bonds, either in whole or in part, within five years from the date of such election or within five years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board of directors shall deem best.
Miss. Code Ann. § 51-13-111 — MS Code / Title 51 / Chapter 5 / Section 13-111
Miss. Code Ann. § 51-13-111
Status: in_force

The Tombigbee River Valley Water Management District through its board of directors is hereby empowered:

(a) To develop, in conjunction with the United States Army Corps of Engineers, United States Secretary of Agriculture, or with the head of any other federal or state agency as may be involved, plans for public works of improvement for the prevention of floodwater damage, or the conservation, development, navigation, utilization and disposal of water, including the impoundment, diversion, flowage and distribution of waters for beneficial use as defined in Chapter 3 of this title.

To enter into agreements with the United States of America, as represented by the United States Army Corps of Engineers, to meet the requirements of local cooperation for flood control and navigation projects as set out in House Document No. 167, 84th Congress, First Session, as authorized by Public Law 85-500 , 85th Congress, dated July 3, 1958, as amended, and House Document No. 486, 79th Congress, Second Session, as approved by Public Law 525, 79th Congress, as amended.

(b) To impound overflow water and the surface water of the Tombigbee River or its tributaries within the project area, within or without the 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, work or 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 them, to construct or otherwise acquire within the project area all works, plants, or other facilities necessary or useful to the project for processing the water and transporting it to cities and other facilities for domestic, municipal, commercial, industrial, agricultural and manufacturing purposes, and is hereby given the power to control open channels for water delivery purposes and water transportation.

(c) 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, including terminals.

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

(e) To acquire by condemnation all property of any kind, real, personal, or mixed, or any interest therein, within or without the boundaries of the district, necessary for the projects 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, and according to the provisions of Section 29-1-1 . For the purposes of 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 this property in the project area. The cost of right-of-way purchases, rerouting and elevating all other county-maintained roads affected by construction shall be borne by the water management district, and new construction shall be of equal quality as in roads existing as of May 1, 1962. The county in which the work is done may assist in these costs if the board of supervisors desires.

The amount and character of interest in land, other property, and easements 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, pipelines, and other means of transporting these products by reason of the inclusion of the lands or mineral interests within the project area, whether below or above the waterline, but any activities shall be under reasonable regulations by the board of directors that will adequately protect the project; and

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

Moreover, when any site or plot of land is to be sold to any person, firm, or corporation for the purpose of operating recreational facilities thereon for profit, the board shall, by resolution, specify the terms and conditions of the sale and shall advertise for public bids thereon. When these 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 written notice is received by the landowner of the determination of the highest and best bid by the board, to purchase the site or plot of land by meeting the highest and best bid and by complying with all terms and conditions of the sale as specified by the board. However, the board shall not 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 shall be the lesser. If this option is not exercised by the former owner within a period of thirty (30) days, 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 his former land from the board of directors for a price not exceeding the price paid for condemning his land, plus any permanent improvements.

In addition and notwithstanding any other provision in this section to the contrary, the board may lease or rent all or any portion of any property that it owns to any person, firm, or corporation for the purpose of operating recreational facilities for profit or not for profit or for any other public purpose provided the land is open for the use of the general public or is otherwise used for the public benefit and upon any other terms and conditions as the board may determine. The leasing or renting of all or any portion of any such land upon said conditions shall require a resolution duly adopted by the board and shall be exempt from any bid requirements in this section.

(f) 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 relocation. Further, the district is hereby authorized to acquire easements or rights-of-way in or outside of the project area for the relocation of roads, highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipelines and mains and facilities, and to convey them 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 project existing prior to the construction of the reservoir unless the board of supervisors of the county in which the road is located agrees thereto.

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

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

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

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

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

( l ) To employ engineers, attorneys, and all necessary agents and employees to properly finance, construct, operate, and maintain the project and the plants and to pay reasonable compensation for these 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 these 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.

(m) 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.

(n) 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.

(o) 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.

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

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

(r) 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 consideration as the district and entity may agree. Any 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, refunding bonds issued in lieu of these bonds, and all obligations are paid. Any contract with any political subdivision shall be binding upon these political subdivisions according to its terms, and the municipalities or other political subdivisions shall have the power to enter into these 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.

(s) 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.

(t) 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.

(u) Subject to the provisions of this article, from time to time to lease, sell, or otherwise lawfully 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.

(v) 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, 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 the land and shall thereupon notify the former owner, his/her 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/her heirs or devisees, shall have the exclusive right at his/her or their option for a period of thirty (30) days in which to meet such highest and best bid and to purchase the property.

(i) The board may transfer title to that certain property known as the Trace State Park in Pontotoc County to the Department of Environmental Quality; provided, however, that any of the property that is under current lease shall not be included in the transfer. Such transfer of title shall require a resolution duly adopted by the board and by the Commission on Environmental Quality and shall be exempt from any bid requirements herein. In addition, the board may transfer title to that certain property known as the Elvis Presley Park in Lee County to Lee County, Mississippi, upon the terms and conditions as it may determine. The transfer of title shall require a resolution duly adopted by the board and shall be exempt from any bid requirement in this section. In addition, the board may transfer title to all or any portion of that certain property known as the Elvis Presley Park in Lee County to the Mississippi Department of Wildlife, Fisheries and Parks upon the terms and conditions as it may determine, including, but not limited to, authorizing the board to pay the sum of Two Hundred Thousand Dollars ($200,000.00) to the Mississippi Department of Wildlife, Fisheries and Parks at the time of the transfer with such funds to be used by the Mississippi Department of Wildlife, Fisheries and Parks for the construction of an office building on the Elvis Presley Park for use by the Mississippi Department of Wildlife, Fisheries and Parks. Such transfer of title and the payment of such sum of money shall require a resolution duly adopted by the board and by the Mississippi Department of Wildlife, Fisheries and Parks and shall be exempt from any bid requirement in this section.

(ii) The board may transfer title to the property known as Kemper Lake in Kemper County, Mississippi, to the Kemper County Board of Supervisors, upon the terms and conditions as it may determine, including, but not limited to, authorizing the board to pay the sum of Forty Thousand Dollars ($40,000.00) for costs associated with pavilion repairs and improvements, to the Kemper County Board of Supervisors at the time of the transfer. Such transfer of title and the payment of such sum of money shall require a resolution duly adopted by the board and shall be exempt from any bid requirement in this section.

In addition, upon the transfer of title of the property known as Kemper Lake from the board to the Kemper County Board of Supervisors, the Kemper County Board of Supervisors may transfer title to all or any portion of the property known as Kemper Lake in Kemper County, Mississippi, to any water management district that meets certain criteria as prescribed by the Kemper County Board of Supervisors, upon the terms and conditions as it may determine. Such transfer of title shall require a resolution duly adopted by the Kemper County Board of Supervisors and by such water management district, and shall be exempt from any bid requirement in this section.

(w) To prevent or aid in the prevention of damages to persons or property from the waters of the Tombigbee River or any of its tributaries.

(x) 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.

(y) In the purchase of or in the entering into of all lease-purchase agreements for supplies, equipment, heavy equipment, and the like, the directors shall in all instances comply with the provisions of law pertaining to public purchases by public bids on these supplies and equipment.

(z) 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 .
Miss. Code Ann. § 51-29-55 — MS Code / Title 51 / Chapter 17 / Section 29-55
Miss. Code Ann. § 51-29-55
Status: in_force

In making a settlement with the treasurer, the tax collector of each county shall pay the amount due the drainage district over to a drainage depository in his county, if there be one in his county; otherwise he shall pay the same to the drainage treasurer. The tax collector in making deposits shall receive triplicate receipts for the same and mail the depository of the funds of the district and the treasurer of said drainage district each a copy thereof. The treasurer shall issue his official receipt for such deposit, if such depository shall have been legally qualified to receive such deposit.
Miss. Code Ann. § 51-26-3 — MS Code / Title 51 / Chapter 25 / Section 26-3
Miss. Code Ann. § 51-26-3
Status: in_force

The Tallahatchie River Authority is specifically authorized and empowered to contract with and to be contracted with by the Tennessee Valley Authority and any other agency or agencies of the federal government or of any state or subdivision thereof which may be of assistance in carrying out the purposes set forth in this chapter. In addition, the authority is empowered to do any and all other things necessary or desirable in effectuating a plan for the comprehensive development of the resources of the authority's geographic region, including, but not limited to, such subjects as tourism, economic development, forestry, drainage and land reclamation and preservation, bank stabilization, electric power utilization, water conservation, recreation, public health and education, such program of development to be carried on in cooperation with the appropriate local, state and federal agencies. All agencies of the State of Mississippi are hereby authorized, empowered, and directed to extend their cooperation and assistance to the Tallahatchie River Authority in the formulation and implementation of the program of development.
Miss. Code Ann. § 51-7-31 — MS Code / Title 51 / Chapter 1 / Section 7-31
Miss. Code Ann. § 51-7-31
Status: in_force

In like manner of making assessments and at the same time and subject to the same rights of protest and appeal, the commissioners shall also assess and place opposite each tract of land on the assessment roll an estimate of all damages that will accrue to any landowner by reason of works or proposed works of improvement, including injury to lands taken or damaged; and when said commissioners return no assessment of damages as to any tract of land, it shall be deemed a finding by them that no damages will be sustained.
Miss. Code Ann. § 51-13-135 — MS Code / Title 51 / Chapter 7 / Section 13-135
Miss. Code Ann. § 51-13-135
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-13-123 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 right 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, 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. § 51-8-35 — MS Code / Title 51 / Chapter 8 / 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. § 51-7-23 — MS Code / Title 51 / Chapter 1 / Section 7-23
Miss. Code Ann. § 51-7-23
Status: in_force

Subject to the board of supervisors making the levy for taxes as requested by the board of commissioners, as set out under Section 51-7-29 , any order of the chancery court in connection with a master water management district shall have the force of a judgment. Any owner of real property within the district or the board of commissioners may appeal from any such order to the Supreme Court within twenty (20) days after the order has been made; but if no appeal is taken within that time, such order shall be deemed conclusive and binding.
Miss. Code Ann. § 51-8-33 — MS Code / Title 51 / Chapter 7 / Section 8-33
Miss. Code Ann. § 51-8-33
Status: in_force

The board of commissioners may exercise, on behalf of the district, such powers of eminent domain as are specified in the creating resolution wherever and whenever public necessity and convenience so requires.
Miss. Code Ann. § 51-15-3 — MS Code / Title 51 / Chapter 13 / Section 15-3
Miss. Code Ann. § 51-15-3
Status: in_force

The Pat Harrison Waterway Commission is hereby authorized and empowered to do any and all things necessary and desirable in making a survey or surveys of the Pascagoula, Leaf, and Chickasawhay Rivers, the Tallahala Creek, and their tributaries in co-operation with the federal government and other agencies of the State of Mississippi; to promote the establishment of barge canals linking the cities of Meridian, Hattiesburg, Laurel, and other cities and communities along the Pascagoula, Leaf, and Chickasawhay Rivers, the Tallahala Creek, and their tributaries with the Gulf of Mexico. Each county represented on said commission, or two or more such counties acting in concert, pursuant to a plan to be approved by said commission, are authorized to improve all or any part of such waterways within said county or counties for navigation or flood control purposes.
Miss. Code Ann. § 51-13-127 — MS Code / Title 51 / Chapter 2 / 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. § 51-5-11 — MS Code / Title 51 / Chapter 4 / Section 5-11
Miss. Code Ann. § 51-5-11
Status: in_force

The grounds for revoking a well driller's license are:

(a) That he has intentionally made a material misstatement in the application for such license; or

(b) That he has willfully violated any provisions of this chapter; or

(c) That he has obtained, or attempted to obtain, such license by fraud or misrepresentation; or

(d) That he has been guilty of fraudulent or dishonest practices; or

(e) That he has demonstrated lack of competence as a driller of water wells; or

(f) That he has failed or refused to file reports as required under the provisions of this chapter; or

(g) That he has willfully and contumaciously refused to obey reasonable orders, rules, and regulations of the board.
Miss. Code Ann. § 51-13-149 — MS Code / Title 51 / Chapter 7 / Section 13-149
Miss. Code Ann. § 51-13-149
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 projects 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 Tombigbee River Valley Water Management 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. § 51-8-31 — MS Code / Title 51 / Chapter 8 / Section 8-31
Miss. Code Ann. § 51-8-31
Status: in_force

Any district created pursuant to the provisions of this chapter, acting by and through the board of commissioners of such district as its governing authority, shall have, among others, the following powers:

(a) To sue and be sued;

(b) To acquire by purchase, gift, devise, lease or any other mode of acquisition, and to hold or dispose of, real and personal property of every kind within or without the district;

(c) To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds, leases or contracts for financial advisory services;

(d) To incur debts, to borrow money, to issue negotiable bonds, and to provide for the rights of the holders thereof;

(e) To fix, maintain, collect and revise rates and charges for services rendered by or through the facilities of such district, which rates and charges shall not be subject to review or regulation by the Mississippi Public Service Commission except in those instances where a city operating similar services would be subject to regulation and review; however, said district shall obtain a certificate of convenience and necessity from the Mississippi Public Service Commission for operating water and/or sewer systems;

(f) To pledge all or any part of its revenues to the payment of its obligations;

(g) To make such covenants in connection with the issuance of bonds or to secure the payment of bonds that a private business corporation can make under the general laws of the state;

(h) To use any right-of-way, public right-of-way, easement, or other similar property or property rights necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities of such district held by the state or any political subdivision thereof; however, the governing body of such political subdivision shall consent to such use;

(i) To enter into agreements with state and federal agencies for loans, grants, grants-in-aid, and other forms of assistance, including, but not limited to, participation in the sale and purchase of bonds;

(j) To acquire by purchase, lease, gift, or otherwise, any existing works and facilities providing services for which it was created, and any lands, rights, easements, franchises and other property, real and personal, necessary to the completion and operation of such system upon such terms and conditions as may be agreed upon, and, if necessary as part of the acquisition price, to assume the payment of outstanding notes, bonds or other obligations upon such system; however, if any corporate agency owning such facilities desires to continue providing such services, the corporate agency shall so notify the district not later than ninety (90) days after the effective date of the creation of the district, and the district shall thereupon relinquish its right to provide such services until and unless the corporate agency elects otherwise or fails to adequately provide such services;

(k) To extend its services to areas beyond but within one (1) mile of the boundaries of such district; however, no such extension shall be made to areas already occupied by another corporate agency rendering the same service so long as such corporate agency desires to continue to serve such areas. Areas outside of the district desiring to be served which are beyond the one-mile limit must be brought into the district by annexation proceedings;

(l) To be deemed to have the same status as counties and municipalities with respect to payment of sales taxes on purchases made by such districts;

(m) To borrow funds for interim financing subject to receipt of funds as outlined in Section 51-8-35 ;

(n) To choose a location within the district as the central office of the district;

(o) To adopt a plan for management of the water resources of the district, provided that such plan first be submitted to and approved by the Commission on Natural Resources as consistent with the state water management plan or objectives;

(p) To hire such personnel and contract for such legal, technical, or other services as the board of commissioners deems necessary for the operation of the district and fulfillment of its water management objectives; and

(q) To secure connection to or participation in the services provided by the district, including the power to obtain mandatory or prohibitory injunctive relief; provided, however, that the authority of the board of commissioners shall not be exercised in conflict with the regulatory and enforcement authority of the Commission on Natural Resources.
Miss. Code Ann. § 51-41-25 — MS Code / Title 51 / Chapter 33 / Section 41-25
Miss. Code Ann. § 51-41-25
Status: in_force

(1) The principal of, and interest, if any, on the bonds, may be secured by a pledge of the revenues of the water authority of that project financed by the water authority through its issuance of bonds, or from any other source that the water authority may deem necessary and appropriate, and may be secured by the creation of a mortgage and security interest encumbering the real property of the water authority, or security interest in all personal property and revenues of the water authority as set forth in the indenture.

(2) The trustee under any indenture may be a trust company or bank having trust powers, whether located within or without the state.

(3) The indenture may contain any agreements and provisions customarily contained in instruments securing evidences of indebtedness including, without limiting, the generality of the foregoing provisions respecting the nature and extent of the security; the collection, segregation and application of the revenues generated from the operation of any project covered by the indenture; covenants to always operate the project as a revenue-producing undertaking and to charge and collect, including the obligation to increase from time to time, sufficient revenue to maintain income at required levels; the maintenance and insurance of the project; the creation and maintenance of reserve and other special funds; and the rights and remedies available in the event of default to the holders of the bonds or the trustees under the indenture, all as the board shall deem advisable and as shall not be in conflict with the provisions of this chapter.

(4) If there is any default by the water authority in payment of the principal of, or the interest, if any, on the bonds or in any of the agreements on the part of the water authority that may properly be included in any indenture securing the bonds, the bondholders or the trustee under any indenture, as authorized in the indenture, may either in law or in equity, by suit, action, mandamus, or other proceeding, enforce payment of the principal or interest, if any, and compel performance of all duties of the board and officers of the water authority, and shall be entitled as a matter of right and regardless of the sufficiency of any such security to the appointment of a receiver in equity with all the powers of that receiver for the operation and maintenance of the project covered by the indenture and the collection, segregation, and applications of income and revenues from the project.

(5) The indenture may contain provisions regarding the rights and remedies of any trustee under the indenture and the holders of the bonds and the coupons and restricting the individual rights of action of the holders of the bonds and coupons.

(6) There is created a statutory lien in the nature of a mortgage lien upon any project, system or systems acquired or constructed with proceeds of bonds issued by a water authority under this chapter, including all extensions and improvements thereof or combinations thereof subsequently made, the lien shall be in favor of the holder or holders of any bonds issued under this chapter, and all that property shall remain subject to the statutory lien until the payment in full of the principal of and interest, if any, on the bonds. Any holder of the bonds or any of the coupons representing interest on the bonds may, either at law or in equity, by suit, action, mandamus or other proceedings, in any court of competent jurisdiction, protect and enforce the statutory lien and compel the performance of all duties required by this chapter, 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 under this chapter.

If any default is made in the payment of the principal of or interest, if any, on the bonds, any court having jurisdiction of the action may appoint a receiver to administer the water authority and the project, system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against project, 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. § 51-29-139 — MS Code / Title 51 / Chapter 26 / 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. § 51-11-101 — MS Code / Title 51 / Chapter 2 / 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. § 51-8-5 — MS Code / Title 51 / Chapter 5 / Section 8-5
Miss. Code Ann. § 51-8-5
Status: in_force

Creation of a joint water management district shall be initiated by identical resolutions passed by each interested local governmental unit. Such resolution shall set forth in detail the geographic boundaries of the district, the function or functions to be performed by the district, a statement of the necessity for the creation of the district, the proposed corporate name of the district and any other information reasonably necessary to inform the constituency of the governmental unit of the purpose and obligations of the respective units proposing to form the district.