Miss. Code Ann. § 51-7-71 — MS Code / Title 51 / Chapter 2 / Section 7-71
Miss. Code Ann. § 51-7-71
Status: in_force

The governing bodies of the several water management districts and waterway districts heretofore or hereafter organized under authority of law in the State of Mississippi are authorized and empowered to negotiate and contract with each other in the apportionment and distribution of tax proceeds accruing from ad valorem taxes authorized the several districts under authority of law, from a county which lies within two or more such water management or waterway districts.
Miss. Code Ann. § 51-13-113 — MS Code / Title 51 / Chapter 3 / Section 13-113
Miss. Code Ann. § 51-13-113
Status: in_force

All construction contracts by the district, where the amount of the contract shall exceed two thousand, five hundred dollars ($2,500.00), shall be made upon at least three weeks' public notice by advertisement in a newspaper of general circulation in the district, which notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work; and in all such cases, before the notice shall be published, the plans and specifications for the work shall be filed with the secretary of the district and there remain. The board of directors of the district shall award the contract to the lowest and best bidder, who will comply with the terms imposed by such board and enter into bond with sufficient sureties, to be approved by the board, in such penalty as shall be fixed by such board but in no case to be less than the contract price, conditioned for the prompt, proper, and efficient performance of the contract.
Miss. Code Ann. § 51-31-117 — MS Code / Title 51 / Chapter 26 / 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. § 51-33-31 — MS Code / Title 51 / Chapter 33 / Section 33-31
Miss. Code Ann. § 51-33-31
Status: in_force

Drainage districts already created or to be created under the laws of this state are hereby authorized and empowered to borrow money from the Farmers' Home Administration, an agency of the United States, to be used for the purposes for which said districts are created and upon such terms as may be agreed upon by the district and the Farmers' Home Administration.

This section is additional and supplemental to any other statutes of this state affecting drainage districts, and the powers herein conferred affect only the authority of drainage districts to contract with the Farmers' Home Administration as herein stated.
Miss. Code Ann. § 51-15-103 — MS Code / Title 51 / Chapter 15 / Section 15-103
Miss. Code Ann. § 51-15-103
Status: in_force

The Pat Harrison Waterway Commission may hereafter be organized in this state under the provisions of this article, in the manner hereafter provided for. This water management district shall be an agency of the state and a body politic and corporate, and may be composed and is composed of the following counties, to wit: Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne. In addition, a municipality located in a county that is not a member of the district may join the district as provided in this chapter.
Miss. Code Ann. § 51-29-35 — MS Code / Title 51 / Chapter 17 / Section 29-35
Miss. Code Ann. § 51-29-35
Status: in_force

Any property owner may accept the assessment of damages in his favor made by the commissioners, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so unless he gives to said commissioners, within thirty days after the assessment is filed, notice in writing that he demands assessment of his damages by jury. In such event the commissioners shall institute in the proper court in the proper county an action to condemn the lands that must be taken or damaged in making such improvements, which action shall be in accordance with the proceeding for the condemnation of property for public use provided in the chapter on eminent domain. Where condemnation proceedings are had as herein provided and an appeal is taken to the circuit court, the drainage commissioners may pay the amount awarded by the jury into the hands of the clerk of the circuit court, who shall hold the same to abide the decision of said appeal, and the drainage commissioners may proceed with the work of constructing the drain as laid out by them.
Miss. Code Ann. § 51-9-101 — MS Code / Title 51 / Chapter 7 / Section 9-101
Miss. Code Ann. § 51-9-101
Status: in_force

This article may be cited as the Pearl River Valley Water Supply District Law.
Miss. Code Ann. § 51-13-101 — MS Code / Title 51 / Chapter 4 / Section 13-101
Miss. Code Ann. § 51-13-101
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, navigation, and pollution abatement. It is further determined and declared that the preservation, conservation, storage, and regulation of the waters of the Tombigbee River, its tributaries, and its overflow waters for domestic, municipal, commercial, industrial, agricultural, and manufacturing purposes, for recreational uses, flood control, timber development, irrigation, navigation, 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 Tombigbee River Valley Water Management 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. § 51-9-217 — MS Code / Title 51 / Chapter 5 / 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. § 51-8-27 — MS Code / Title 51 / Chapter 3 / Section 8-27
Miss. Code Ann. § 51-8-27
Status: in_force

The board of commissioners shall have the power to adopt, promulgate, modify and repeal, and to make exceptions to and grant exemptions and variances from, and to enforce, rules and regulations to effectuate the purposes of the creation of the district, provided that such regulations shall conform to and not conflict with regulations promulgated by state regulatory agencies responsible for regulating the activities which the district was created to perform.
Miss. Code Ann. § 51-13-105 — MS Code / Title 51 / Chapter 9 / Section 13-105
Miss. Code Ann. § 51-13-105
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 Tombigbee Valley Authority as created by virtue of Sections 51-13-1 through 51-13-9 , whose county becomes a part of the Tombigbee River Valley Water Management District shall be a member of the Board of Directors of the Tombigbee River Valley Water Management District, and each state-at-large member of the Tombigbee Valley Authority shall become a member of the Board of Directors of the Tombigbee River Valley Water Management District when one or more entire counties become members of the Tombigbee River Valley Water Management District. Such directors shall serve on this board during their term of office on the Tombigbee Valley Authority. In addition, the board of supervisors of each county within the Tombigbee River Basin which elects to become a member of the district shall appoint one (1) board member to serve for a term of four (4) years or until his successor is named. The Governor shall appoint one (1) member from each county added to the Tombigbee River Valley Water Management District which county is not now a member of the Tombigbee Valley Authority, and such member shall serve for a four-year term or until his successor is appointed.

(b) The Department of Environmental Quality, the Department of Wildlife, Fisheries and Parks, the 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 Tombigbee River Valley Water Management District, to serve at the pleasure of the entity appointing him but not to exceed four-year terms.

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

(d) Each director shall receive compensation at a per diem rate as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of 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) with sureties qualified to do business in this state, and the premiums on said 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 his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
Miss. Code Ann. § 51-39-43 — MS Code / Title 51 / Chapter 33 / Section 39-43
Miss. Code Ann. § 51-39-43
Status: in_force

This chapter, without reference to any other statute, shall be deemed to be full and complete authority for the creation of a district. No proceedings shall be required for the creation of a district other than those provided for and required in this chapter. All the necessary powers to be exercised by the governing body of a county or municipality and by the board of commissioners of any district, in order to carry out this chapter, are hereby conferred.
Miss. Code Ann. § 51-29-161 — MS Code / Title 51 / Chapter 25 / Section 29-161
Miss. Code Ann. § 51-29-161
Status: in_force

The owner or owners of any tract or tracts of land situated within the boundaries of any drainage district that embraces land in more than one county of the state and was organized under this chapter may, in event the United States government, any agency or instrumentality thereof, or any corporation organized under an Act of the Congress of the United States for the purpose of engaging in any reforestation activity accepts a proposal of said owner or owners for the sale thereof, file a petition in the chancery court of the county in which the drainage district was organized, describing therein the tract or tracts of land in said district on which the proposal of said owner or owners for sale as aforesaid has been accepted as said tract or tracts are described in the assessment roll of the district, stating the total amount of assessments of benefits against each said tract and also the total amount thereof remaining unpaid at the time of the filing of such petition, and praying an acquittance of said tract or tracts from all outstanding indebtedness and assessments of benefits of said district whatever and a release thereof from the boundaries of said district on payment of the total amount of assessment of benefits of said district against said tract or tracts remaining unpaid on the filing of such petition. Thereupon the clerk of such chancery court shall issue notices, addressed to all the landowners of said district and to all holders of the outstanding indebtedness of said district, of a hearing on such petition at the next succeeding term of said court or in vacation at a time and place to be fixed by the chancellor, which notice shall be published in a weekly newspaper having a bona fide circulation in each county, any part of which is included within the boundaries of such district, for two successive issues.
Miss. Code Ann. § 51-9-163 — MS Code / Title 51 / Chapter 8 / Section 9-163
Miss. Code Ann. § 51-9-163
Status: in_force

Nothing in this article shall be construed to violate any provision of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide an alternative procedure conformable with such constitutions. If any provision of this article shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this article.
Miss. Code Ann. § 51-8-59 — MS Code / Title 51 / Chapter 3 / Section 8-59
Miss. Code Ann. § 51-8-59
Status: in_force

The provisions of this chapter, without reference to any other statute or statutes, shall be deemed to be full and complete authority for the creation of such districts and for the issuance of such bonds. No proceedings shall be required for the creation of such districts or for the issuance of such bonds other than those provided for and required herein. All the necessary powers to be exercised by the governing bodies of member local governing units and by the board of commissioners of any such district, in order to carry out the provisions of such sections, are hereby conferred.
Miss. Code Ann. § 51-15-7 — MS Code / Title 51 / Chapter 4 / 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. § 51-9-113 — MS Code / Title 51 / Chapter 3 / 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. § 51-29-15 — MS Code / Title 51 / Chapter 26 / Section 29-15
Miss. Code Ann. § 51-29-15
Status: in_force

When the chancery court or chancellor in vacation has established such district, he shall appoint three (3) owners of real property within the district to act as commissioners; and such persons, when so appointed, and their successors in office shall constitute, and are hereby declared to be, a body politic and corporate by the name and style selected as mentioned in this chapter, by the court or chancellor. Each of these commissioners shall take the oath of office as required by Section 268, Article 14 of the Constitution of the state, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board of commissioners save and except insofar as he may be benefited as a landowner, in common with other landowners, by the work contracted for, and that he will well and truly assess all benefits resulting from said improvements, and all damages caused thereby. Any commissioner failing to take oath within thirty (30) days after his appointment and to give bond in the sum of not less than one thousand dollars ($1,000.00), to be fixed by the court or chancellor, shall be deemed to have declined to act as commissioner, and his place shall be filled by the court or chancellor. Provided, however, where revenue for a drainage district is less than one thousand dollars ($1,000.00) per year from taxes or other sources, the chancellor, in his discretion, may reduce the bond to any amount he may deem sufficient.

All vacancies on the board shall be filled by the chancery court, or the chancellor in vacation, of the county; but, if a majority in number of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the court or chancellor to appoint the persons so designated. In the same manner, the commissioners shall be appointed at the expiration of the term of said commissioners. A majority of the commissioners shall constitute a quorum. The chancery court, or chancellor in vacation, shall remove any member of the board of commissioners, on the petition of the majority of the owners of land in the district, who shall own a majority of the acreage therein.
Miss. Code Ann. § 51-29-59 — MS Code / Title 51 / Chapter 27 / Section 29-59
Miss. Code Ann. § 51-29-59
Status: in_force

(1) The board of commissioners herein mentioned shall have control of the construction of the improvements in their districts. They may make purchases and contracts in accordance with Section 31-7-13 .

(2) The chancery court or chancellor in vacation may remove any commissioner and appoint his successor, upon proof of incompetency or neglect of duty; but the charge shall be in writing, and such commissioner shall have the right to be heard in his defense and to appeal to the circuit court.
Miss. Code Ann. § 51-29-165 — MS Code / Title 51 / Chapter 17 / Section 29-165
Miss. Code Ann. § 51-29-165
Status: in_force

On the rendition of said order the chancery clerk shall pay over to the board of commissioners of said district the amount so paid in to him, which amount shall be held in a special fund to be deposited with the depository of said district under all protections now provided by law for the deposit of funds of drainage districts. Said special fund shall only be withdrawn thereafter in annual installments of the exact amount of the tax which would have been raised by the levy for the year in question from said tract or tracts, had same not been released from the district, and used by the commissioners only in payment of outstanding indebtedness of the district. However, if the holder or holders of the outstanding indebtedness of the district chargeable against the assessed benefits thereof consent to the release of said land or lands from the district, the sum so paid by the landowners shall be paid to such consenting holders of said indebtedness and immediately credited thereon.
Miss. Code Ann. § 51-9-181 — MS Code / Title 51 / Chapter 1 / Section 9-181
Miss. Code Ann. § 51-9-181
Status: in_force

Each reservoir police officer commissioned under this article shall file a bond in the sum of Ten Thousand Dollars ($10,000.00) with the district for the lawful and faithful performance of his duties. The cost of the bond shall be borne by the district. The filing of the bond shall not relieve the district from any civil liability it may otherwise incur in accordance with the provisions of Section 51-9-179 . The district shall indemnify and hold the State of Mississippi, the Commissioner of Public Safety, and any sheriff harmless from any and all liability which any or all of them might otherwise incur for the negligent or unlawful acts of a reservoir police officer.
Miss. Code Ann. § 51-9-135 — MS Code / Title 51 / Chapter 8 / Section 9-135
Miss. Code Ann. § 51-9-135
Status: in_force

All bonds provided for by Sections 51-9-133 and 51-9-145 of this article shall be negotiable instruments within the meaning of the Uniform Commercial Code, shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting, shall be in denominations of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00), shall be registered as issued, and shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued, it shall be payable to bearer, and the interest to accrue thereon shall be evidenced by proper coupons to be attached thereto. Such bonds shall bear interest at such rate or rates, not exceeding six percent (6%) per annum, as may be determined by the sale of such bonds. They shall mature annually in such amounts and at such times as shall be provided by the resolution of the board of directors. However, no bond issued under Section 51-9-133 shall have a longer maturity than forty (40) years from January 1, 1961, and the first maturity date thereof shall be not more than five (5) years from the date of such bonds. The denomination, form and place or places of payment of such bonds shall be fixed in the resolution of the board of directors of the district. Such bonds shall be signed by the president and secretary of such board with the seal of the district affixed thereto, but the coupons may bear only the facsimile signatures of such president and secretary. All interest accruing on such bonds so issued shall be payable semiannually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

Such bonds may provide that they may be called in, paid and redeemed in inverse numerical order on any interest date prior to maturity, upon not less than thirty (30) days' notice to the paying agent or agents designated in such bonds, and at such premium as may be designated in such bonds. In no case shall any premiums exceed six percent (6%) of the face value of such bonds.

All such bonds shall contain in substance a statement to the effect that they are secured solely by a pledge of the net revenues of such district, including the avails of the two-mill ad valorem tax levy provided for in Section 51-9-131 , and the avails of the special tax levy of two (2) mills provided for in Section 51-9-139 , and that they do not constitute general obligations of the state of Mississippi or of the counties comprising said district, and are not secured by a pledge of the full faith, credit and resources of said state or of such counties.

All such bonds as provided for herein shall be sold at public sale as now provided by law. No such sale shall be at a price so low as to require the payment of interest on the money received therefor at more than six percent (6%) per annum computed with relation to the absolute maturity of the bonds, in accordance with standard tables of bond values, excluding from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity.

This article shall be full and complete authority for the issuance of the bonds provided for herein, and no restriction or limitation otherwise prescribed by law shall apply herein.

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. § 51-29-39 — MS Code / Title 51 / Chapter 17 / 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. § 51-13-115 — MS Code / Title 51 / Chapter 8 / Section 13-115
Miss. Code Ann. § 51-13-115
Status: in_force

The Tombigbee River Valley Water Management District is authorized to establish or otherwise provide for public parks and recreation facilities and for the preservation of fish and wildlife, and to acquire land otherwise than by condemnation except as provided in subsection (e) of Section 51-13-111 for such purposes, within the project area.
Miss. Code Ann. § 51-8-37 — MS Code / Title 51 / Chapter 4 / Section 8-37
Miss. Code Ann. § 51-8-37
Status: in_force

(1) The board of commissioners of any district created pursuant to this chapter may issue revenue or special improvement bonds of such district by resolution spread upon the minutes of such board. Bonds may be issued from time to time without an election being held upon the question of their issuance unless the board of commissioners of the district is presented with a petition for an election upon the question of issuance signed by twenty percent (20%) or fifteen hundred (1500), whichever is lesser, of the qualified electors residing within the district. The resolution authorizing any issue of bonds other than the initial issue shall be published in a manner similar to the publication of the resolution, as outlined in Section 51-8-11 . If an election is required, it shall be held in substantial accord with the election outlined in Section 51-8-11 . The cost of this election shall be borne by the district.

(2) All bonds shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting. They shall be in denominations of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), and may be registered as issued, and shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued, the interest on the bond, and that such bonds shall never constitute nor give rise to a pecuniary liability of the district or local governmental unit or a charge against the general credit or taxing powers of the local governmental unit.

(3) Such bonds shall contain such covenants and provisions; shall be executed; shall be in such form, format, type, denomination or denominations; shall be payable as to principal and interest, at such place or places; and shall mature at such time or times, all as shall be determined by such board of commissioners and set forth in the resolution pursuant to which such bonds shall be issued. The date of maturity of such bonds shall not exceed forty (40) years from the date of the bonds, except that on special improvement pollution abatement bonds, special improvement water bonds, or special improvement water and sewer bonds, the date of maturity shall not exceed twenty-five (25) years from their date.

(4) No bonds shall bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103 ; no bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified on the bonds; all bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on such bonds so issued shall be payable semiannually, or annually, except that the first interest payment may be for any period not exceeding one (1) year. No interest payment on bearer bonds shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue.

(5) Such bonds shall be signed by the chairman and secretary-treasurer of the commission with the seal of the commission affixed thereto; however, the coupons may bear only the facsimile signatures of such chairman and secretary-treasurer.

(6) Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of this chapter shall be securities within the meaning of Article 8 of the Uniform Commercial Code , being Section 75-8-101 et seq.

(7) 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. § 51-9-113 — MS Code / Title 51 / Chapter 8 / 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. § 51-33-9 — MS Code / Title 51 / Chapter 33 / Section 33-9
Miss. Code Ann. § 51-33-9
Status: in_force

The purpose of Sections 51-33-1 through 51-33-9 is to enable existing drainage districts or newly created drainage districts as provided herein to enter into cooperative agreements and programs to carry out the purposes of Public Law 566, 83rd Congress of the United States, or other laws of the national Congress pertaining to soil and water conservation and utilization. Said sections are to be given a broad construction to the end that those purposes may be carried out; and to this end all political subdivisions of the State of Mississippi, all agencies and departments of the state government, and all soil conservation districts are authorized to cooperate with, expend funds for, and enter into agreements with drainage districts and any agencies of the United States government for the purposes of carrying out the provisions of said sections and said Public Law 566, 83rd Congress, or other laws of the national Congress pertaining to soil and water conservation and utilization.

However, none of the additional powers granted by Sections 51-33-1 through 51-33-9 shall be exercised except for the purpose of participating in a program or programs authorized under Public Law 566, 83rd Congress of the United States, or other laws of the national Congress pertaining to soil and water conservation and utilization.
Miss. Code Ann. § 51-31-63 — MS Code / Title 51 / Chapter 26 / 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. § 51-9-185 — MS Code / Title 51 / Chapter 1 / Section 9-185
Miss. Code Ann. § 51-9-185
Status: in_force

Nothing contained herein shall be construed to waive the sovereign immunity of the State of Mississippi or the district, in whole or in part.
Miss. Code Ann. § 51-29-3 — MS Code / Title 51 / Chapter 29 / Section 29-3
Miss. Code Ann. § 51-29-3
Status: in_force

The words “real property”, whenever used in this chapter, shall have the same meaning as when used in the law providing for state and county revenues, and shall embrace all railroads within the district.

The word “ditch,” as used in this chapter, shall be held to include branch or lateral drains, tile drains, levees, sluiceways, water courses, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed lands.
Miss. Code Ann. § 51-7-23 — MS Code / Title 51 / Chapter 7 / 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. § 51-9-129 — MS Code / Title 51 / Chapter 5 / Section 9-129
Miss. Code Ann. § 51-9-129
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 Section 51-3-31 .
Miss. Code Ann. § 51-41-15 — MS Code / Title 51 / Chapter 41 / Section 41-15
Miss. Code Ann. § 51-41-15
Status: in_force

The officers of the water authority shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board deems necessary to accomplish the purposes for which the water authority was organized. All officers of the water authority shall be persons who receive water service from the water authority. The offices of secretary and treasurer may, but need not, be held by the same person. The treasurer or secretary-treasurer shall be required to execute a bond payable to the water authority, in a sum and with such security as fixed and approved by the board. All officers of the water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws.
Miss. Code Ann. § 51-13-107 — MS Code / Title 51 / Chapter 13 / Section 13-107
Miss. Code Ann. § 51-13-107
Status: in_force

(1) Within twenty (20) days after the passage of this article, the Mississippi Commission on Environmental Quality, State Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and the Forestry Commission of the State of Mississippi shall appoint their respective members to the proposed district board of directors as provided in Section 51-13-105 . The four (4) appointive members, upon taking the oath as provided, shall meet in the Office of the Mississippi Department of Environmental Quality in Jackson, Mississippi, within ten (10) days and adopt by a majority vote a resolution setting forth their intentions of creating the district and shall forthwith send a certified copy of said resolution to: (1) each member of the Tombigbee Valley Authority as now constituted, (2) the Governor, (3) executive officers of the Mississippi Commission on Environmental Quality, Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and Forestry Commission, and (4) the president of the board of supervisors and chancery clerk of each county through which any part of the Tombigbee River or any of its tributaries lie. The four (4) state agencies herein named and the Tombigbee Valley Authority may, within ten (10) days from receipt of said resolution, adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may at their next regular meeting likewise adopt a resolution favorable or unfavorable to creating said district. All of said resolutions adopted shall be certified by its secretary, clerk, or executive officer and shall be filed with each state agency, political subdivision, or other agency named in Section 55-13-105.

(2) Every board of supervisors of those counties desiring to become members of the district, through which the Tombigbee River or any of its tributaries lie, shall, upon receipt of the certified resolutions mentioned in this section, declare said board's intentions by adopting a resolution expressing its desire to have said district created and to levy an ad valorem tax not to exceed one-half ( 1 / 2 ) mill on all the taxable property within the Tombigbee Watershed area of said county for the use and benefit of the Tombigbee River Valley Water Management District. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein, and if no petition signed by twenty percent (20%) of the qualified electors of the county is filed with the board requesting the calling of an election on the question of the county's participation in the district and the levying of the one-half ( 1 / 2 ) mill tax levy aforesaid, the board may proceed to have the county become a member of said district and to levy the one-half ( 1 / 2 ) mill tax levy but if, within twenty-one (21) days after the date of the first publication of said resolution, a petition signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county becoming a member of the proposed district and the levying of the one-half ( 1 / 2 ) mill tax as herein provided, is filed, said election shall be held and conducted as now provided by law for such elections. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the one-half ( 1 / 2 ) mill tax as otherwise provided by law. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half ( 1 / 2 ) mill tax; and no further election shall be so conducted until the lapse of two (2) years after the last election.

(3) Whenever an aggregate of six (6) counties have become members of the Tombigbee River Valley Water Management District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all of the powers granted it by statute.
Miss. Code Ann. § 51-39-37 — MS Code / Title 51 / Chapter 37 / Section 39-37
Miss. Code Ann. § 51-39-37
Status: in_force

The property and revenue of the district shall be exempt from all state, county and municipal taxation.
Miss. Code Ann. § 51-29-109 — MS Code / Title 51 / Chapter 17 / Section 29-109
Miss. Code Ann. § 51-29-109
Status: in_force

As a part of the cost of the organization and conduct of a drainage district, the chancellor may tax his own traveling and hotel expenses in deciding all hearings provided for in this chapter, when such hearings are had before the chancellor in vacation. Such traveling expenses shall be paid to the chancellor upon his filing an itemized statement thereof with the said drainage commission.
Miss. Code Ann. § 51-39-29 — MS Code / Title 51 / Chapter 33 / Section 39-29
Miss. Code Ann. § 51-39-29
Status: in_force

The governing body of a member may exercise the power of eminent domain, upon written request of the board of commissioners, for the particular purpose of the acquisition of property for the district's storm water management system. The power of eminent domain shall be exercised as provided in Chapter 27, Title 11, Mississippi Code of 1972 .
Miss. Code Ann. § 51-8-47 — MS Code / Title 51 / Chapter 3 / Section 8-47
Miss. Code Ann. § 51-8-47
Status: in_force

The board of commissioners of the district issuing bonds pursuant to this chapter shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities of its system or systems; shall prescribe penalties for the nonpayment thereof; and shall revise such rates, fees, tolls or charges from time to time whenever necessary to insure the economic operation of such system or systems. The rates, fees, tolls or charges prescribed shall be, as nearly as possible, such as will always produce revenue at least sufficient to:

(a) Provide for all expenses of operation and maintenance of the system or systems, including reserves therefor;

(b) Pay when due all bonds and interest thereon for the payment of which such revenues are or shall have been pledged, charged or otherwise encumbered, including reserves therefor; and

(c) Provide funds for reasonable expansions, extensions and improvements of services.
Miss. Code Ann. § 51-29-127 — MS Code / Title 51 / Chapter 27 / Section 29-127
Miss. Code Ann. § 51-29-127
Status: in_force

When lands in an existing district, and which have been assessed for benefits, are acquired for rights of way by such districts for canals, ditches, levees, floodways, by-passes, or other necessary drainage purposes, assessments already levied or that may be levied against such land to pay its proportion of outstanding bonds or other obligations of the existing district, including all interest to accrue thereon, shall be assumed and paid by the new district so taking or so acquiring such land, in the proportion that its value, as fixed by condemnation, shall bear to the value of the land included in the entire district.
Miss. Code Ann. § 51-8-51 — MS Code / Title 51 / Chapter 1 / Section 8-51
Miss. Code Ann. § 51-8-51
Status: in_force

All construction contracts by the district shall be made in accordance with the laws governing public contracts for counties and municipalities, being Sections 31-5-3 through 31-5-57 .
Miss. Code Ann. § 51-35-351 — MS Code / Title 51 / Chapter 35 / Section 35-351
Miss. Code Ann. § 51-35-351
Status: in_force

Nothing in this article shall be construed to violate any provision of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide an alternative procedure conformable with such constitutions. If any provision of this article shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this article.
Miss. Code Ann. § 51-15-3 — MS Code / Title 51 / Chapter 3 / 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. § 51-31-13 — MS Code / Title 51 / Chapter 25 / Section 31-13
Miss. Code Ann. § 51-31-13
Status: in_force

The commissioners each shall receive per diem compensation as provided by Section 25-3-69 for each day's actual service, not exceeding four (4) days in any one (1) calendar month, to be allowed on an itemized account rendered to the board of drainage commissioners and approved by the chancery court.
Miss. Code Ann. § 51-31-45 — MS Code / Title 51 / Chapter 27 / Section 31-45
Miss. Code Ann. § 51-31-45
Status: in_force

As soon as practicable after the entry of the order organizing a drainage district, the drainage commissioners shall go upon the lands of said district, examine the same, and assess the benefits to be derived by each separate tract of land for the proposed work, putting down in dollars and cents the amount of such benefits to be derived by such tract. They shall also estimate and put down in another column the amount of damages, if any, that any of the owners of said land may, in the opinion of such commissioners, sustain by reason of the construction of such work over their land in such district; shall make an estimate of the costs of draining said district, apportioned to each tract of land; and shall make and file a schedule or assessment roll of the same, which shall be substantially in the following form:

Estimated

Name of

Description

Amount of

Amount of

Cost

Owner

of Land

Benefits

Damages

of Work

Assessment

Sub Div.

Sec. T.R.

________________

and acres

$_______________

$_______________

$_______________

$_______________

Provided 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 such 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 on each acre of unsubdivided land lying within the district, and a uniform assessment by lot on an acreage basis on subdivided land lying within the district, and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits to accrue 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.
Miss. Code Ann. § 51-4-19 — MS Code / Title 51 / Chapter 3 / Section 4-19
Miss. Code Ann. § 51-4-19
Status: in_force

This chapter does not confer upon any member of the public the right to the use of or access to private lands within the boundary of a designated scenic stream area and any unauthorized use is trespass and subject to the penalties provided for trespass offenses.
Miss. Code Ann. § 51-33-23 — MS Code / Title 51 / Chapter 33 / Section 33-23
Miss. Code Ann. § 51-33-23
Status: in_force

For the purpose of providing for the payment of the principal of and the interest on any certificates of indebtedness issued hereunder, there shall annually be levied upon all lands and other property within such district, in proportion to the benefits assessed and confirmed thereon as aforesaid, such a rate of taxation as shall be sufficient to provide for the payment of such principal and interest when due, making due allowance for delinquencies in the payment of such taxes and costs of collection. Such levy shall be made in the same manner and at the same time as and when other tax levies are required by law to be made for such district; and such taxes shall be extended upon the tax books of such district and shall be secured, enforced, and collected at the same time and in the same manner and by the same officials as other taxes of such district are secured, enforced, and collected. All 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.
Miss. Code Ann. § 51-4-23.4 — MS Code / Title 51 / Chapter 4 / Section 4-23.4
Miss. Code Ann. § 51-4-23.4
Status: in_force

Black Creek in Lamar, Forrest, Perry, Stone, George and Jackson Counties from Mississippi Highway 589 in Lamar County to its confluence with the Pascagoula River, which was designated as eligible for nomination under Section 51-4-17 , is designated as a state scenic stream and is included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-35-23 — MS Code / Title 51 / Chapter 35 / Section 35-23
Miss. Code Ann. § 51-35-23
Status: in_force

All moneys paid to the State of Mississippi by the United States on account of leases of flood control lands under the provisions of the Flood Control Act, as amended June 28, 1938 (52 US Statutes at Large, page 1221), shall be apportioned by the state treasurer to the several counties in which such flood control lands are located and from which the moneys were received by virtue of the lease of flood control lands, as may be determined by the United States, or department thereof, in settling with the state treasurer under the terms and provisions of the Flood Control Act.

The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository, and fifty per cent (50%) of such funds shall be expended for the benefit of the public schools and fifty per cent (50%) of such funds shall be expended for the benefit of public roads of the county, or counties, in which such flood control lands are situated. Where no schools are located in any affected area entitled to moneys under the provisions of said Flood Control Act, then all of such moneys so apportioned to such affected area may be spent for the benefit of public roads in the area.
Miss. Code Ann. § 51-3-21 — MS Code / Title 51 / Chapter 2 / 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. § 51-29-53 — MS Code / Title 51 / Chapter 25 / Section 29-53
Miss. Code Ann. § 51-29-53
Status: in_force

The treasurer of each county may be the treasurer of all drainage districts organized under this chapter in their respective counties and, as such treasurer, shall receive from the county tax collector, whose duty it shall be to collect all moneys levied by said drainage commissioners or by the board of supervisors at their request. Where a drainage district is organized lying in more than one (1) county, the board of commissioners of any such drainage district may select the treasurer of either or any county in which a part of the district lies, who shall be the treasurer of said district; or whether the district lies in one or more counties, the board of commissioners may select their treasurer and remove him at their pleasure, whose duty shall be the same as those of the county treasurers of such district. The board of commissioners shall compel such county treasurer or treasurers selected by them to give bond to them, as commissioners of said district, in an amount equal to the amount of any sum or sums of money likely to come into said treasurer's hand at any one (1) time, and said commissioners shall enter an order on their minutes fixing the amount of the bond of such treasurer. However, in the event that one (1) treasurer serves more than one (1) board of commissioners, in lieu of separate bonds, he may be required to give bond payable jointly to all commissioners served in an amount not to exceed three hundred thousand dollars ($300,000.00). The said board of commissioners shall, however, select a depository or depositories of the funds of the district and enter the selection on the minutes of the district. Such depository or depositories may qualify as depository of the district in like manner as required by the law on depositories, giving security as therein required, and may place with the treasurer of the district as security for such deposit any of the drainage bonds of the district for which it proposes to qualify as the depository.

The treasurer shall pay out no money save upon the order of the board of commissioners, and upon a warrant signed by the president thereof. If there be no depository, he shall be allowed a commission of not exceeding one-half of one percent ( 1 / 2 of 1%) on all receipts and not exceeding one-half of one percent ( 1 / 2 of 1%) on all disbursements; he shall not be entitled to any commission on money received from the sale of bonds, or of interest bearing certificates, or of any money paid in liquidation thereof. Said county treasurer or the treasurers selected by the commissioners shall keep a separate account with each drainage district; and every warrant shall state upon its face to whom payable, the amount, and the purpose for which it was issued. All warrants shall be dated and numbered consecutively in a record to be kept by the board of commissioners of the number and amount of each; and no warrant shall be paid unless there are in the treasury funds sufficient to pay all outstanding warrants bearing a lower number. No warrant shall be increased by reason of any depreciation in the market value thereof.

All funds coming into the hands of the treasurer belonging to any drainage district organized under this chapter shall be deposited in the depository provided for herein, to be drawn out by the proper parties and in the manner above provided. All tax collectors may pay drainage taxes into such depositories in the same manner as county funds are paid in, and shall be subject to the same protection as is provided for the protection of general county funds.
Miss. Code Ann. § 51-9-101 — MS Code / Title 51 / Chapter 5 / Section 9-101
Miss. Code Ann. § 51-9-101
Status: in_force

This article may be cited as the Pearl River Valley Water Supply District Law.
Miss. Code Ann. § 51-13-105 — MS Code / Title 51 / Chapter 8 / Section 13-105
Miss. Code Ann. § 51-13-105
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 Tombigbee Valley Authority as created by virtue of Sections 51-13-1 through 51-13-9 , whose county becomes a part of the Tombigbee River Valley Water Management District shall be a member of the Board of Directors of the Tombigbee River Valley Water Management District, and each state-at-large member of the Tombigbee Valley Authority shall become a member of the Board of Directors of the Tombigbee River Valley Water Management District when one or more entire counties become members of the Tombigbee River Valley Water Management District. Such directors shall serve on this board during their term of office on the Tombigbee Valley Authority. In addition, the board of supervisors of each county within the Tombigbee River Basin which elects to become a member of the district shall appoint one (1) board member to serve for a term of four (4) years or until his successor is named. The Governor shall appoint one (1) member from each county added to the Tombigbee River Valley Water Management District which county is not now a member of the Tombigbee Valley Authority, and such member shall serve for a four-year term or until his successor is appointed.

(b) The Department of Environmental Quality, the Department of Wildlife, Fisheries and Parks, the 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 Tombigbee River Valley Water Management District, to serve at the pleasure of the entity appointing him but not to exceed four-year terms.

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

(d) Each director shall receive compensation at a per diem rate as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of 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) with sureties qualified to do business in this state, and the premiums on said 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 his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
Miss. Code Ann. § 51-13-141 — MS Code / Title 51 / Chapter 5 / Section 13-141
Miss. Code Ann. § 51-13-141
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.

(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, and in the manner as provided under the chapter on 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. 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 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. § 51-4-21.5 — MS Code / Title 51 / Chapter 1 / Section 4-21.5
Miss. Code Ann. § 51-4-21.5
Status: in_force

In accordance with Section 51-4-7 , Red Creek from Mississippi Highway 26 in Stone County to its confluence with Black Creek in Jackson County is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-35-327 — MS Code / Title 51 / Chapter 35 / Section 35-327
Miss. Code Ann. § 51-35-327
Status: in_force

Such elections shall be held, as far as is practicable, in the same manner as elections are held in county bond elections. In conducting such elections, the flood and drainage control district shall be divided into election districts in accordance with the then existing election districts created under the provisions of Section 23-5-9 of the Mississippi Code of 1972; and there shall be one voting place in each election district, which voting place shall be within such election district and within such flood and drainage control district. The election commissioners shall furnish at each voting place a list of the qualified electors residing in the flood and drainage control district who are also qualified electors in such voting district. At such election, all qualified electors residing in said district may vote, the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words “FOR THE BOND ISSUE” and “AGAINST THE BOND ISSUE”, and the voter shall vote by placing a cross (x) or check mark (✓) opposite his choice on the proposition.
Miss. Code Ann. § 51-31-95 — MS Code / Title 51 / Chapter 29 / Section 31-95
Miss. Code Ann. § 51-31-95
Status: in_force

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

Contracts may be made by the board of supervisors for such removal and construction of such bridge or bridges, without first advertising for bids where the cost of any one bridge does not exceed one hundred dollars.
Miss. Code Ann. § 51-29-163 — MS Code / Title 51 / Chapter 27 / Section 29-163
Miss. Code Ann. § 51-29-163
Status: in_force

At said hearing, if said owner or owners shall have then paid over to the chancery clerk the amount set out in said petition and if all of the holders of not less than 95% in amount of the outstanding original indebtedness of the district and all of the holders of outstanding refunding bonds of said district shall have signified in writing, filed with the clerk of said court, their consent to receive the sum so paid as a credit on the said outstanding indebtedness held by them, the chancellor shall determine whether said amount is the true amount of the assessment of benefits of said district against said tract or tracts then remaining unpaid, whether or not the release of said tract or tracts as prayed for will interfere with the continued functioning of the improvements of said district, and whether or not the proposal of sale as set out in said petition is submitted in good faith and accepted as aforesaid. In event it is found that the sum tendered was the true amount of the assessments of benefits of said district against said tract or tracts remaining unpaid, that a release of said tract or tracts will not interfere with the continued functioning of the improvements made by said district, and that the proposal of sale as set out in said petition was submitted in good faith and accepted as aforesaid, the chancellor shall order an acquittance of said tract or tracts from liability for all the outstanding indebtedness of said district and release said tract or tracts from the boundaries of said district, on condition that the sale so proposed and accepted be consummated and a deed to said tract or tracts be delivered to the United States government, to any agency or instrumentality thereof, or to any corporation organized under an Act of the Congress of the United States for the purpose of engaging in reforestation activities. The effect of such order shall be to render said tract or tracts of land, on delivery of said deed, as fully free of any obligation, lien, or incumbrance arising from its inclusion in said district as if said tract or tracts had never been within said district.
Miss. Code Ann. § 51-9-225 — MS Code / Title 51 / Chapter 3 / Section 9-225
Miss. Code Ann. § 51-9-225
Status: in_force

The provisions of this act are cumulative of other statutes now or hereafter enacted relating to the issuance of bonds; to waterworks or water supply systems; and to the design, construction, acquisition or approval of facilities for such purposes, and any public agency may exercise all presently held powers in the furtherance of this act.
Miss. Code Ann. § 51-29-91 — MS Code / Title 51 / Chapter 26 / 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. § 51-39-9 — MS Code / Title 51 / Chapter 37 / Section 39-9
Miss. Code Ann. § 51-39-9
Status: in_force

(1) A certified copy of the adopted resolution or ordinance shall be published in a newspaper having a general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date specified in the resolution or ordinance as the date upon which the governing body intends to create the district. The first publication of the notice shall be made not less than twenty-one (21) days before the date specified, and the last publication shall be made not more than seven (7) days before the date.

(2) If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors within the geographic boundaries of the proposed district file a written petition with the governing body before the date specified in the resolution or ordinance under Section 51-39-7(2) protesting the creation of the district, the governing body shall call an election on the question of the creation of the district. The election shall be held and conducted by the election commissioners of the county or municipality as nearly as may be in accordance with the general laws governing elections. The election commissioners shall determine which of the qualified electors of the county or municipality reside within geographic boundaries of the proposed district, and only those qualified electors as reside within the geographic boundaries of the proposed district shall be entitled to vote in the election. Notice of the election setting forth the time, place or places, and purpose of the election shall be published by the clerk of the board of supervisors or the municipal clerk, as the case may be. The notice shall be published for the time and in the manner provided in subsection (1) of this section. The ballot to be prepared for and used at the election shall be in substantially the following form:

“FOR CREATION OF __________ DISTRICT: ( )

AGAINST CREATION OF __________ DISTRICT: ( )”

Voters shall vote by placing a cross mark (x) or check mark (✓) opposite their choice.
Miss. Code Ann. § 51-15-103 — MS Code / Title 51 / Chapter 1 / Section 15-103
Miss. Code Ann. § 51-15-103
Status: in_force

The Pat Harrison Waterway Commission may hereafter be organized in this state under the provisions of this article, in the manner hereafter provided for. This water management district shall be an agency of the state and a body politic and corporate, and may be composed and is composed of the following counties, to wit: Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne. In addition, a municipality located in a county that is not a member of the district may join the district as provided in this chapter.
Miss. Code Ann. § 51-29-45 — MS Code / Title 51 / Chapter 26 / Section 29-45
Miss. Code Ann. § 51-29-45
Status: in_force

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

The assessment or assessments so levied shall be a lien on all of the real property of the district from the time that the same is levied by the chancery court or chancellor in vacation in an amount not to exceed the total amount of estimated benefits on all the real property in the district, shall be entitled to preference to all demands, executions, encumbrances, or liens whatsoever, and shall continue until such assessment, with any penalty and costs that may accrue thereon, shall have been paid. The remedy against such assessment shall be by appeal to the supreme court, and such appeal must be taken within twenty days from the time that said assessment has been made by the chancery court, or chancellor in vacation. On such appeal the presumption shall be in favor of the legality of the assessment.
Miss. Code Ann. § 51-9-141 — MS Code / Title 51 / Chapter 8 / Section 9-141
Miss. Code Ann. § 51-9-141
Status: in_force

All bonds issued pursuant to this article shall be validated as now provided by law by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972 . The services of the state's bond attorney may be employed in the preparation of such bond resolutions, forms, or proceedings as may be necessary, for which he shall be paid a reasonable fee. Such validation proceedings shall be instituted in the chancery court of the First Judicial District of Hinds County, Mississippi, but notice of such validation proceedings shall be published at least two times in a newspaper of general circulation and published in each of the counties comprising the Pearl River Valley Water Supply District, the first publication of which in each case shall be made at least ten days preceding the date set for the validation.
Miss. Code Ann. § 51-9-175 — MS Code / Title 51 / Chapter 7 / Section 9-175
Miss. Code Ann. § 51-9-175
Status: in_force

(1) The board of directors of the district may appoint and commission qualified persons as reservoir police officers of the district. Any such reservoir police officer so appointed shall be certified by the Board on Law Enforcement Officer Standards and Training or in accordance with the Board on Law Enforcement Officer Standards and Training and shall attain certification or recertification within one (1) year of appointment, and shall at all times be answerable and responsible to the board of directors of the district.

(2) A reservoir police officer appointed and commissioned as provided in subsection (1) of this section shall, before entering upon his duties as such officer, take the oath of office prescribed by Section 268, Mississippi Constitution of 1890 , which shall be endorsed upon his commission. The commission, with the oath endorsed upon it, shall be entered in the official minute book of the district.

(3) A reservoir police officer appointed and commissioned pursuant to the provisions of this article, shall, while engaged in the performance of his duties, carry on his person a badge identifying him as a reservoir police officer of the district and an identification card issued by the district. When in uniform, each such reservoir police officer shall wear his badge in plain view.

(4) A reservoir police officer may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to violations of law or violations of regulations adopted pursuant to Section 51-9-127 , which are committed on the property owned by the district. This includes property which is owned by the district but has been leased or rented to other parties. Any right granted under this subsection in no way relieves the requirements of appropriate affidavit and warrant for arrest from the appropriate jurisdiction and authority pursuant to the laws of this state.

(5) On behalf of each person who is trained as a reservoir police officer at the Mississippi Law Enforcement Officers' Training Academy, the district shall be required to pay to the academy at least an amount equal to the per student cost of operation of the academy as tuition.
Miss. Code Ann. § 51-29-41 — MS Code / Title 51 / Chapter 17 / Section 29-41
Miss. Code Ann. § 51-29-41
Status: in_force

Proof of publication made in the manner prescribed by the Mississippi Rules of Civil Procedure shall be prima facie evidence of the facts therein recited. At the hearing the report and appraisement of the value of the land sought to be taken and the damages sustained by the owner thereof shall be prima facie correct. The court, or chancellor in vacation, may at such hearing hear all objections in entirety or severalty, and may enter a decree confirming the entire report of the commissioners, or may enter any number of decrees confirming the report as to any land taken. At such hearing the court, or chancellor in vacation, may direct the board to make such alteration in the appraisement as may be deemed just and equitable by raising or lowering any appraisement, and payment for such amount fixed by the judgment shall be made to the chancery clerk as hereinbefore provided. He shall receipt for the same on the judgment, and such judgment with receipt thereon shall be recorded.
Miss. Code Ann. § 51-9-183 — MS Code / Title 51 / Chapter 4 / Section 9-183
Miss. Code Ann. § 51-9-183
Status: in_force

The powers and authority of any reservoir police officer, whether appointed or commissioned pursuant to the provisions of this article or any former law of this state, may be terminated at any time by the board of directors of the district.
Miss. Code Ann. § 51-39-13 — MS Code / Title 51 / Chapter 33 / Section 39-13
Miss. Code Ann. § 51-39-13
Status: in_force

All costs incident to the publication of the notices, election and all other costs of meeting the requirements of this chapter shall be paid by the governing body.
Miss. Code Ann. § 51-29-117 — MS Code / Title 51 / Chapter 25 / Section 29-117
Miss. Code Ann. § 51-29-117
Status: in_force

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

No appeal herein provided for shall be allowed to delay the organization of the district, or the progress of the work or improvement.
Miss. Code Ann. § 51-9-163 — MS Code / Title 51 / Chapter 9 / Section 9-163
Miss. Code Ann. § 51-9-163
Status: in_force

Nothing in this article shall be construed to violate any provision of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide an alternative procedure conformable with such constitutions. If any provision of this article shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this article.
Miss. Code Ann. § 51-27-5 — MS Code / Title 51 / Chapter 17 / Section 27-5
Miss. Code Ann. § 51-27-5
Status: in_force

The admission of the Commonwealth of Kentucky into the Tennessee-Tombigbee Waterway Development Compact is hereby approved, and the Commonwealth of Kentucky shall become a party to the compact upon its execution by the governor of the commonwealth.

The secretary of state is hereby requested to transmit duly certified copies of this section to the governors of the States of Alabama, Tennessee, and the Commonwealth of Kentucky.
Miss. Code Ann. § 51-31-107 — MS Code / Title 51 / Chapter 26 / Section 31-107
Miss. Code Ann. § 51-31-107
Status: in_force

The chancellor shall have the power to appoint a master as provided by the Mississippi Rules of Civil Procedure to hear and determine any and all matters which, under the provisions of this chapter or any act amendatory thereof, it is the duty of the chancellor to hear and determine. The master shall report his findings to the chancellor for confirmation, such findings to be subject to exceptions in the same manner as other reports of masters are now subject to exceptions, and such masters may continue any such hearings from time to time as the chancellor may do. Said reports may be confirmed at any time and place which may have been designated in the order of reference without further notice.
Miss. Code Ann. § 51-9-217 — MS Code / Title 51 / Chapter 8 / 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. § 51-9-7 — MS Code / Title 51 / Chapter 2 / Section 9-7
Miss. Code Ann. § 51-9-7
Status: in_force

The commission shall be financed in all 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. § 51-4-23.6 — MS Code / Title 51 / Chapter 4 / Section 4-23.6
Miss. Code Ann. § 51-4-23.6
Status: in_force

A loop of Bear Creek in Tishomingo County from the Mississippi-Alabama state line where it enters Mississippi to the Mississippi-Alabama state line where it re-enters Alabama, which was designated as eligible for nomination under Section 51-4-21.4 , is designated as a state scenic stream and is included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-4-23.7 — MS Code / Title 51 / Chapter 2 / Section 4-23.7
Miss. Code Ann. § 51-4-23.7
Status: in_force

In accordance with Section 51-4-7 , Red Creek from Mississippi Highway 26 in Stone County to its confluence with Black Creek in Jackson County, which was designated as eligible for nomination to the State Scenic Streams Stewardship Program under Section 51-4-21.5 , is designated as a state scenic stream and is included in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-9-113 — MS Code / Title 51 / Chapter 9 / 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. § 51-9-105 — MS Code / Title 51 / Chapter 1 / Section 9-105
Miss. Code Ann. § 51-9-105
Status: in_force

The Pearl River Valley Water Supply District may hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided. This water supply district shall be an agency of the state and a body politic and corporate, and may be composed of one or more entire counties.
Miss. Code Ann. § 51-9-155 — MS Code / Title 51 / Chapter 7 / Section 9-155
Miss. Code Ann. § 51-9-155
Status: in_force

The provisions of any other law, general, special or local, except as provided in this article, shall not limit or restrict the powers granted by this article. The water supply district herein provided for shall not be subject to regulation or control by the public service commission.
Miss. Code Ann. § 51-31-67 — MS Code / Title 51 / Chapter 25 / Section 31-67
Miss. Code Ann. § 51-31-67
Status: in_force

If the court, chancellor, or drainage commissioners have underestimated the amount or the costs of work necessary for any district, then on the recommendation of the commissioners, the court or chancellor may order such additional work done or such additional costs paid and may, with the approval of the commissioners and on their recommendation, reassess the several properties of the district in proportion to the benefits to accrue to such respective properties. In such case the commissioners shall report the facts as they are required to report the benefits and assessments in the first instance, and the court or chancellor shall hear their report and all objections thereto on the same notice to the parties interested as in the first instance of approving assessments and benefits. Appeal shall lie from decree as in the first instance, and they shall be final only as decrees are final in the first instance.
Miss. Code Ann. § 51-4-11 — MS Code / Title 51 / Chapter 4 / Section 4-11
Miss. Code Ann. § 51-4-11
Status: in_force

(1) After the Legislature has designated a stream as a state scenic stream, the department shall publish a notice of the designation and provide written notice to the affected units of local government and landowners. Notice of the designation also must be published in a newspaper of general circulation in the state to apprise interested parties of the opportunities under this chapter. The notice must describe the boundaries of the stream or stream segment.

(2)(a) The department and the advisory council shall develop a cooperative voluntary stewardship plan for the scenic stream. The department shall consult and cooperate with the State Soil and Water Conservation Commission and the State Forestry Commission in developing the stewardship options utilizing current best management practices. Any other affected state agency may also make recommendations to the department. The plan shall identify current and traditional uses along the stream and outline goals, objectives and action strategies to address the management of resources along the stream.

(b) The plan shall utilize best management practices to maintain the scenic values of the stream while ensuring the rights of riparian landowners to continue existing agriculture, forestry, water supply, recreational, commercial and industrial uses and any other uses identified in the plan.

(3)(a) The plan shall provide several stewardship options for a landowner. The options shall vary in length of commitment, degree of involvement and enforceability. An option may be modified to meet the needs of a landowner based on the individual attributes of the stream.

(b) Participation in the stewardship plan is voluntary. A landowner is under no obligation to participate in the plan. A participating landowner must give at least thirty (30) days' notice of his intent to terminate a nonbinding option and to withdraw from the program.

(4)(a) The department may receive by gift, devise, grant or dedication, conservation easements or other interest in real property for the State Scenic Streams Stewardship Program.

(b) If any land is donated to the state for the Scenic Streams Stewardship Program and the land ceases to be used in the program, the title to the land reverts to the donor.

(5) Any lands placed in the State Scenic Streams Stewardship Program may be obtained only from private or corporate owners voluntarily. Land placed in the State Scenic Streams Stewardship Program shall not be obtained by eminent domain.
Miss. Code Ann. § 51-31-57 — MS Code / Title 51 / Chapter 25 / 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. § 51-9-143 — MS Code / Title 51 / Chapter 4 / Section 9-143
Miss. Code Ann. § 51-9-143
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-9-133 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article, which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district described in the trust agreement, on behalf of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.
Miss. Code Ann. § 51-15-101 — MS Code / Title 51 / Chapter 7 / 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. § 51-9-117 — MS Code / Title 51 / Chapter 8 / Section 9-117
Miss. Code Ann. § 51-9-117
Status: in_force

Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such counties may vote, and the ballots used at such election shall have printed thereon the words “FOR BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT” and “AGAINST BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT”; and the voter shall vote by placing a cross (x) or check mark (✓) opposite his choice on the proposition. In any particular county, should a majority of the qualified electors voting in such election in such county vote in favor of the creation of the Pearl River Valley Water Supply District, then that county shall become a part of the water supply district. The chancery court of the First Judicial District of Hinds County, or the chancellor thereof in vacation, shall thereupon enter a final order including such county in the district. In any particular county, should a majority of the qualified electors voting in such election in such county vote against being included in the Pearl River Valley Water Supply District, then that county shall not become a part of the water supply district.
Miss. Code Ann. § 51-41-9 — MS Code / Title 51 / Chapter 41 / Section 41-9
Miss. Code Ann. § 51-41-9
Status: in_force

(1) Whenever a qualified corporation desires to convert into and become reconstituted and reincorporated as a water authority under this chapter, the qualified corporation shall present to and file with the Secretary of State:

(a) Its resolution duly adopted by the board of directors of the qualified corporation that evidences the desire of the qualified corporation to convert into and become reconstituted and reincorporated as a water authority and that also certifies that the qualified corporation:

(i) Was initially formed as a not-for-profit corporation or association; and

(ii) Desires to operate as a public body authorized under the laws of Mississippi as a result of its conversion and reconstitution as a water authority under this chapter;

(b) Its application for reconstitution and certificate of incorporation, which shall state and include the following information:

(i) The name of the water authority, which shall be “The __________ Public Water Authority of the State of Mississippi,” or some other name of similar import, it being understood that the water authority may adopt a fictitious operational name upon written request to and approval by the Secretary of State;

(ii) The location of the water authority's principal office, and the number of directors of the water authority, which shall be subject to change and modification as provided in the water authority's bylaws;

(iii) The names and addresses of the initial board of directors of the water authority;

(iv) The name and address of the agent for service of process of the water authority; and

(v) Any other matters that the initial board of directors of the water authority may deem necessary and appropriate;

(c) A copy of the water authority's bylaws along with any other information that the initial board of directors of the water authority may deem necessary and appropriate;

(d) A statement and certification from the Secretary of State that the proposed name of the water authority is not identical with that of any other water authority in the state, or so nearly similar thereto as to lead to confusion and uncertainty; and

(e) A reasonable filing and review fee that the Secretary of State may designate and determine from time to time, which shall not be in excess of the filing fee charged in connection with the receipt and filing of a corporation's articles of incorporation.

(2) Two (2) or more qualified corporations may jointly convert into and become reconstituted and reincorporated as one (1) water authority under the same procedure as specified for one (1) qualified corporation under this chapter.
Miss. Code Ann. § 51-8-43 — MS Code / Title 51 / Chapter 4 / 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. § 51-29-95 — MS Code / Title 51 / Chapter 29 / 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. § 51-29-87 — MS Code / Title 51 / Chapter 27 / 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. § 51-5-13 — MS Code / Title 51 / Chapter 3 / Section 5-13
Miss. Code Ann. § 51-5-13
Status: in_force

The driller shall keep accurate records on each water well drilled, including, but not limited to, its location, depth, character of rocks or formations drilled, fluids encountered, and such other reasonable information as the board may specify. Each driller shall, within thirty days after completion of each well, file a report containing such information in the office of the state board of water commissioners on forms provided by the board. However, no report or information shall be required to be filed with the board if the well is a driven well or if it is dug by the use of a hand auger.
Miss. Code Ann. § 51-33-113 — MS Code / Title 51 / Chapter 33 / Section 33-113
Miss. Code Ann. § 51-33-113
Status: in_force

In the event the petition as filed shows and the court or chancellor in vacation finds that said district has not paid off all of its outstanding indebtedness, bonded or otherwise, but owns easements, rights of way, canals, ditches, drains, or other property which can be sold for an amount equal to its fair cash market value which will enable said district to pay off and discharge its outstanding indebtedness, bonded or otherwise, the court or chancellor in vacation is in such event authorized, considering the best interests of the landowners and of said district, to enter an interlocutory order dissolving said district and directing its affairs to be wound up, which order shall be made final, either by the court in term time or by the chancellor in vacation, upon the property of said district being sold and all of its outstanding indebtedness, bonded or otherwise, being fully paid and discharged. To this end the court or chancellor in vacation is hereby authorized and empowered to make and enter all interlocutory decrees or orders that it might deem advisable and necessary to make; to divest the title out of said district in and to any and all easements, rights of way, canals, ditches, drains, or other property owned by said district and vest the same in a special commissioner to be appointed by the court or chancellor in vacation to sell the same on such terms and at such an amount as the court or chancellor in vacation finds to be for the best interest of the landowners and said district; and to direct said commissioner to convey any or all of said property to the purchaser at the price and on the terms authorized, to collect the same, and to pay therefrom any and all of the outstanding indebtedness, bonded or otherwise, as directed by the court or chancellor in vacation. The court or chancellor in vacation is hereby authorized to appoint masters or commissioners of the court to wind up the affairs of said district under its direction, and to make any and all interlocutory orders that might be necessary to be made for the purpose of dissolving said district and directing its affairs to be wound up.
Miss. Code Ann. § 51-5-9 — MS Code / Title 51 / Chapter 1 / Section 5-9
Miss. Code Ann. § 51-5-9
Status: in_force

(1) When the board determines that the holder of any license issued pursuant to this chapter has violated any provisions thereof or any rules and regulations pursuant thereto, the board shall authorize suspension or revocation of such license. Proceedings under the provisions of this section shall not be dependent upon having exhausted remedies through any other section of this chapter.

(2) The board shall notify the suspected violator at least fifteen days before the board hearing therefor, shall specify to him the grounds for which such license revocation is proposed with such sufficiency as to protect his constitutional rights therein as in other civil hearings pertaining to license revocations, shall give him opportunity to present any witnesses or other reasonable evidence before the board, and shall comply with established rules of procedure for such board hearings.

(3) Any such order of revocation of license shall become effective thirty days after service thereof. The aggrieved party may appeal from the board's finding to a court of competent jurisdiction as provided by the laws of the state, provided notice of appeal is given to the board within ten days of such board action.
Miss. Code Ann. § 51-29-159 — MS Code / Title 51 / Chapter 29 / Section 29-159
Miss. Code Ann. § 51-29-159
Status: in_force

The board of commissioners of any drainage district heretofore and hereafter organized under the provision of this chapter are hereby authorized and empowered, in their discretion, to lease lands owned by the drainage district for oil, gas, and mineral exploration and development upon such terms and conditions and for such consideration as the board of commissioners of said district, in their discretion, shall deem proper and advisable.

Every such lease shall empower the lessee to enter upon the premises leased and to explore and develop such premises for oil, gas, or either of them, or such other minerals as may be included in the terms of said lease, and do all things necessary or expedient for the production and preservation of any such products.

All rentals, royalties, or other revenue payable under any leases executed pursuant to this section shall be paid to and collected by the treasurer of such drainage district, deposited in the drainage district fund, and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money belonging to such drainage district.

Any lease executed pursuant to this section shall inure to the benefit of the lessee named therein, his heirs and assigns, and in case the lessee be a corporation, to such lessee and its assigns.
Miss. Code Ann. § 51-13-3 — MS Code / Title 51 / Chapter 4 / 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. § 51-13-131 — MS Code / Title 51 / Chapter 13 / Section 13-131
Miss. Code Ann. § 51-13-131
Status: in_force

To provide additional funds for the planning, undertaking, completing and maintenance of any special work or construction project in a county as part of the long range development of the Tombigbee River Valley Water Management District, the respective boards of supervisors may set aside, appropriate and expend moneys from the general fund which shall be placed in a depository of the district designated for such purpose as a special fund, and shall be used by the district for no other purpose.
Miss. Code Ann. § 51-8-17 — MS Code / Title 51 / Chapter 7 / Section 8-17
Miss. Code Ann. § 51-8-17
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the applicable governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of such bodies. However, if no such appeal be taken within a period of thirty (30) days from and after the date of the adoption of the resolution creating any such district, the creation of such district shall be final and conclusive and shall not thereafter be subject to attack in any court.
Miss. Code Ann. § 51-29-65 — MS Code / Title 51 / Chapter 17 / 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. § 51-29-55 — MS Code / Title 51 / Chapter 29 / 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. § 51-29-51 — MS Code / Title 51 / Chapter 25 / Section 29-51
Miss. Code Ann. § 51-29-51
Status: in_force

After the assessment of benefits or betterments and damages and the levy of assessments to be paid shall have been made and become final in the manner hereinbefore provided, and for the purpose of facilitating the collection of the assessments so levied, it shall be the duty of the board of commissioners to prepare, or cause to be prepared, a copy or copies of the assessment roll in which they shall inscribe the names of the landowners, the description of the tracts of land assessed, the total betterment assessed against each tract, and the total damages assessed against each tract, and the amount of the levy for the current year, which shall be the amount of tax to be collected for that year by the tax collector. The commissioners may at any time also employ some competent person to calculate the amount of tax to be paid each year for each tract of land in the district, and extend the same on the rolls of the district. Such copy of the roll shall be certified to by the commissioner and be deposited with the clerk of the board of supervisors of the judicial district of the county in which the land lies, and if a drainage district embraces lands lying in more than one county or judicial district, a copy of said roll shall be filed with the clerk of the board of supervisors in each district or county. It shall be the duty of the clerk to transmit said roll or rolls to the said tax collector of such county or counties on or before the first day of October of the year in which the tax levy is to be collected, and said roll shall constitute the authority and be the guide for the collection of said drainage tax by the collector. If any collector shall wilfully neglect, fail, or refuse to collect any tax shown on said roll to have been levied in the manner herein provided, he shall be liable on his bond as county tax collector for any taxes lost to the drainage district, together with damages thereon at the rate of thirty per cent.

For any failure to pay over any tax so collected at the same time he is required by law to pay over state and county taxes, said tax collector shall be liable for damages at the rate of thirty per cent and interest at the rate of six per cent per annum on the principal and damages.
Miss. Code Ann. § 51-31-45 — MS Code / Title 51 / Chapter 26 / Section 31-45
Miss. Code Ann. § 51-31-45
Status: in_force

As soon as practicable after the entry of the order organizing a drainage district, the drainage commissioners shall go upon the lands of said district, examine the same, and assess the benefits to be derived by each separate tract of land for the proposed work, putting down in dollars and cents the amount of such benefits to be derived by such tract. They shall also estimate and put down in another column the amount of damages, if any, that any of the owners of said land may, in the opinion of such commissioners, sustain by reason of the construction of such work over their land in such district; shall make an estimate of the costs of draining said district, apportioned to each tract of land; and shall make and file a schedule or assessment roll of the same, which shall be substantially in the following form:

Estimated

Name of

Description

Amount of

Amount of

Cost

Owner

of Land

Benefits

Damages

of Work

Assessment

Sub Div.

Sec. T.R.

________________

and acres

$_______________

$_______________

$_______________

$_______________

Provided 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 such 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 on each acre of unsubdivided land lying within the district, and a uniform assessment by lot on an acreage basis on subdivided land lying within the district, and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits to accrue 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.
Miss. Code Ann. § 51-13-105 — MS Code / Title 51 / Chapter 4 / Section 13-105
Miss. Code Ann. § 51-13-105
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 Tombigbee Valley Authority as created by virtue of Sections 51-13-1 through 51-13-9 , whose county becomes a part of the Tombigbee River Valley Water Management District shall be a member of the Board of Directors of the Tombigbee River Valley Water Management District, and each state-at-large member of the Tombigbee Valley Authority shall become a member of the Board of Directors of the Tombigbee River Valley Water Management District when one or more entire counties become members of the Tombigbee River Valley Water Management District. Such directors shall serve on this board during their term of office on the Tombigbee Valley Authority. In addition, the board of supervisors of each county within the Tombigbee River Basin which elects to become a member of the district shall appoint one (1) board member to serve for a term of four (4) years or until his successor is named. The Governor shall appoint one (1) member from each county added to the Tombigbee River Valley Water Management District which county is not now a member of the Tombigbee Valley Authority, and such member shall serve for a four-year term or until his successor is appointed.

(b) The Department of Environmental Quality, the Department of Wildlife, Fisheries and Parks, the 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 Tombigbee River Valley Water Management District, to serve at the pleasure of the entity appointing him but not to exceed four-year terms.

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

(d) Each director shall receive compensation at a per diem rate as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of 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) with sureties qualified to do business in this state, and the premiums on said 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 his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
Miss. Code Ann. § 51-9-11 — MS Code / Title 51 / Chapter 7 / 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. § 51-29-37 — MS Code / Title 51 / Chapter 29 / Section 29-37
Miss. Code Ann. § 51-29-37
Status: in_force

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.
Miss. Code Ann. § 51-41-15 — MS Code / Title 51 / Chapter 37 / Section 41-15
Miss. Code Ann. § 51-41-15
Status: in_force

The officers of the water authority shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board deems necessary to accomplish the purposes for which the water authority was organized. All officers of the water authority shall be persons who receive water service from the water authority. The offices of secretary and treasurer may, but need not, be held by the same person. The treasurer or secretary-treasurer shall be required to execute a bond payable to the water authority, in a sum and with such security as fixed and approved by the board. All officers of the water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws.
Miss. Code Ann. § 51-33-13 — MS Code / Title 51 / Chapter 33 / Section 33-13
Miss. Code Ann. § 51-33-13
Status: in_force

It is the intention of Sections 51-33-9 through 51-33-15 to permit all drainage districts to enter into cooperative agreements and programs and cooperate in carrying out the purposes of Public Law 566, 83rd Congress of the United States, or other laws of the national Congress pertaining to soil and water conservation and utilization, as provided in Sections 51-33-1 through 51-33-7 , and to implement and give effect to Sections 51-3-1 through 51-3-53 in order to make full beneficial use of available surface water in this state.
Miss. Code Ann. § 51-4-23.10 — MS Code / Title 51 / Chapter 4 / Section 4-23.10
Miss. Code Ann. § 51-4-23.10
Status: in_force

In accordance with Section 51-4-7 , the Escatawpa River from the Alabama-Mississippi state line in George County to its confluence with the Pascagoula River in Jackson County which was designated as eligible for nomination to the state Scenic Streams Stewardship Program under Section 51-4-21.6 , is designated as a state scenic stream and is included in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-29-141 — MS Code / Title 51 / Chapter 26 / Section 29-141
Miss. Code Ann. § 51-29-141
Status: in_force

Separate accounts shall be kept by the treasurer and depositories for such extended districts, so as to show receipts and disbursements from and on account of the land embraced in the district as originally formed, and also from the land embraced in the territory added to such districts.
Miss. Code Ann. § 51-41-7 — MS Code / Title 51 / Chapter 35 / Section 41-7
Miss. Code Ann. § 51-41-7
Status: in_force

There is conferred upon a water authority, the authority to take such action and to do, or cause to be done, such things as are necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter.
Miss. Code Ann. § 51-13-109 — MS Code / Title 51 / Chapter 9 / Section 13-109
Miss. Code Ann. § 51-13-109
Status: in_force

Any eligible county may become a member of the district, subsequent to its creation, in the manner as the original counties became members and new counties shall have the same power and authority and be entitled to equal consideration of the district's board of directors, not inconsistent with the purposes of this article.
Miss. Code Ann. § 51-13-103 — MS Code / Title 51 / Chapter 9 / Section 13-103
Miss. Code Ann. § 51-13-103
Status: in_force

The Tombigbee River Valley Water Management District may hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided for. This water management district shall be an agency of the state and a body politic and corporate.
Miss. Code Ann. § 51-13-147 — MS Code / Title 51 / Chapter 3 / Section 13-147
Miss. Code Ann. § 51-13-147
Status: in_force

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article. The water management district herein provided for shall not be subject to regulation or control by the public service commission.
Miss. Code Ann. § 51-13-125 — MS Code / Title 51 / Chapter 13 / Section 13-125
Miss. Code Ann. § 51-13-125
Status: in_force

All such bonds provided for by Section 51-13-123 shall be negotiable instruments within the meaning of the Uniform Commercial Code of this state, shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting, shall be in denominations of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), shall be registered as issued, and shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued, it shall be payable to bearer, and the interest to accrue thereon shall be evidenced by proper coupons to be attached thereto. Such bonds shall bear interest at such rate or rates, not exceeding six percent (6%) per annum, as may be determined by the sale of such bonds. They shall mature annually in such amounts and at such times as shall be provided by the resolution of the board of directors. However, no bond shall have a longer maturity than forty (40) years from January 1, 1965, and the first maturity date thereof shall be not more than five (5) years from the date of such bonds. The denomination, form and place or places of payment of such bonds shall be fixed in the resolution of the board of directors of the district. Such bonds shall be signed by the president and secretary of such board with the seal of the district affixed thereto, but the coupons may bear only the facsimile signatures of such president and secretary. All interest accruing on such bonds so issued shall be payable semiannually, except that the first interest coupon attached to any such bond may be for a period not exceeding one (1) year.

Such bonds may be called in, paid and redeemed in inverse numerical order on any interest date prior to maturity, upon not less than thirty (30) days' notice to the paying agent or agents designated in such bonds, and at such premium as may be designated in such bonds. In no case shall any premiums exceed six percent (6%) of the face value of such bonds.

All such bonds shall contain in substance a statement to the effect that they are secured solely by a pledge of the avails of the two (2) mills ad valorem tax levy provided for in Section 51-13-121 , or so much thereof as may be necessary therefor, and of the net revenues as hereinabove defined or so much thereof as may be necessary therefor, and that they do not constitute general obligations of the state of Mississippi or of the counties comprising said district, and are not secured by a pledge of the full faith, credit and resources of said state or of such counties.

All such bonds as provided for herein shall be sold at public sale as now provided by law. No such sale shall be at a price so low as to require the payment of interest on the money received therefor at more than six percent (6%) per annum computed with relation to the absolute maturity of the bonds, in accordance with standard tables of bond values, excluding from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity.

This article shall be full and complete authority for the issuance of the bonds provided for herein, and no restriction or limitation otherwise prescribed by law shall apply herein.

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. § 51-7-41 — MS Code / Title 51 / Chapter 3 / Section 7-41
Miss. Code Ann. § 51-7-41
Status: in_force

Any master water management district which has no unmatured bonded indebtedness, and which has constructed no works of improvement or projects as set forth herein or which has completed all purposes for which it was created, may be dissolved by the chancery court which organized said district in the manner hereinafter provided, but the proceedings for its dissolution shall not be commenced within three years after the date of organization of such district.
Miss. Code Ann. § 51-7-41 — MS Code / Title 51 / Chapter 1 / Section 7-41
Miss. Code Ann. § 51-7-41
Status: in_force

Any master water management district which has no unmatured bonded indebtedness, and which has constructed no works of improvement or projects as set forth herein or which has completed all purposes for which it was created, may be dissolved by the chancery court which organized said district in the manner hereinafter provided, but the proceedings for its dissolution shall not be commenced within three years after the date of organization of such district.
Miss. Code Ann. § 51-39-35 — MS Code / Title 51 / Chapter 39 / Section 39-35
Miss. Code Ann. § 51-39-35
Status: in_force

For the purpose of attaining the objectives of this chapter, any public agency may, upon any terms as it may determine, do any of the following:

(1) Lend, contribute, or donate money to any district or perform services for the benefit of the district;

(2) Donate, sell, convey, transfer, lease or grant to any district, without the necessity of authorization at any election of qualified voters, any property of any kind, where otherwise not prohibited by law; and

(3) Do any thing, whether or not specifically authorized in this section, not otherwise prohibited by law, that is necessary or convenient to aid and cooperate with any district in attaining the objectives of this chapter.
Miss. Code Ann. § 51-4-21.6 — MS Code / Title 51 / Chapter 1 / Section 4-21.6
Miss. Code Ann. § 51-4-21.6
Status: in_force

In accordance with Section 51-4-7 , the Escatawpa River from the Alabama/Mississippi state line in George County to its confluence with the Pascagoula River in Jackson County is designated as eligible for nomination to the state Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-8-13 — MS Code / Title 51 / Chapter 1 / 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. § 51-35-7 — MS Code / Title 51 / Chapter 35 / Section 35-7
Miss. Code Ann. § 51-35-7
Status: in_force

The commissioners of any drainage districts entering into such agreements as are herein provided are authorized and empowered to fix and levy an annual ad valorem tax of not exceeding two mills on the dollar upon all of the real and personal property in the district, for the purpose of defraying the costs of maintenance of flood control works and the costs of location, relocation, building, and rebuilding of roads and highways without the limits of the district. Such levy shall be certified by the commissioners to the board of supervisors of the proper county before the time fixed by law for the levying of county taxes; and the board of supervisors shall, at the time fixed for the levying of county taxes, levy such tax and certify said levy to the tax collector, who shall collect such taxes as other taxes of the county are collected.
Miss. Code Ann. § 51-7-47 — MS Code / Title 51 / Chapter 1 / Section 7-47
Miss. Code Ann. § 51-7-47
Status: in_force

Upon dissolution all powers of the district and its commissioners shall cease, except that any just claim, contract, or obligation shall not be impaired, and persons holding such claims shall, on notice of the dissolution as provided herein, file any such claim as they may have in the court; and the chancery court shall, upon the hearing for dissolution, pass upon such claims and order any assessment or levy as provided for other assessments to pay such claim in the event same shall be found justified, due, and owing by the district.
Miss. Code Ann. § 51-13-135 — MS Code / Title 51 / Chapter 1 / 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. § 51-29-75 — MS Code / Title 51 / Chapter 26 / Section 29-75
Miss. Code Ann. § 51-29-75
Status: in_force

No corporation, individual, or other drainage district, outside the limits of any district organized or operating under the terms of this chapter, shall drain into any ditch belonging to any district formed or operating under the terms of this chapter, without first paying compensation, to be ascertained by a jury in the circuit court or chancery court, for the use of said ditch, unless an agreement is reached between the commissioners of the district and the corporation, individual, or other drainage district desiring to use such ditch, as to such compensation. This and Section 51-29-77 shall not operate to interfere with vested rights to natural drainage.
Miss. Code Ann. § 51-8-17 — MS Code / Title 51 / Chapter 1 / Section 8-17
Miss. Code Ann. § 51-8-17
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the applicable governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of such bodies. However, if no such appeal be taken within a period of thirty (30) days from and after the date of the adoption of the resolution creating any such district, the creation of such district shall be final and conclusive and shall not thereafter be subject to attack in any court.
Miss. Code Ann. § 51-29-107 — MS Code / Title 51 / Chapter 25 / Section 29-107
Miss. Code Ann. § 51-29-107
Status: in_force

All hearings hereinbefore provided to be heard before the chancellor may be heard before a special commissioner who may be appointed by the chancellor, who shall have full authority to make all findings of law and of fact, and whose findings shall be reduced to writing and reported to the chancellor for confirmation either in term-time or in vacation. Such reports shall be subject to exceptions or objections, but no notice of the hearing of such exceptions shall be necessary, provided the date for hearing exceptions to the commissioner's report shall have been fixed in the order referring the matter to the commissioner. Such commissioner shall receive such compensation as may be allowed him by the chancellor.
Miss. Code Ann. § 51-8-21 — MS Code / Title 51 / Chapter 8 / Section 8-21
Miss. Code Ann. § 51-8-21
Status: in_force

(1) The powers of each such district shall be vested in and exercised by a board of commissioners consisting of a minimum of five (5) members, to be selected in the manner provided in the initial resolution prescribed by Section 51-8-5 . Provided, however, there shall be at least one (1) member from each county within the district.

The resolution may provide that commissioners will be elected by the electors of the local governmental unit or units which they represent or that commissioners will be appointed by the governing body or bodies of the local governmental units which are members of the district. The resolution shall also prescribe the term of office, which shall not exceed five (5) years, and shall establish the length of initial terms, if staggered terms are to be used. Vacancies and unexpired terms shall be filled by the governing body of each local governmental unit.

(2) Notwithstanding the appointive authority herein granted to the said governing body, its legal and actual responsibilities, authority and function, subsequent to the creation of any such district, shall be specifically limited to said appointive function and the responsibilities outlined in Sections 51-8-1 , 51-8-5 , 51-8-7 , 51-8-9 , 51-8-11 , 51-8-13 , 51-8-15 , 51-8-31 , 51-8-33 , 51-8-35 , 51-8-43 , 51-8-45 , and 51-8-57 . The operation, management, abolition or dissolution of such district, and all other matters in connection therewith, shall be vested solely and only in said board of commissioners to the specific exclusion of said governing body, and the abolition, dissolution or termination of any such district shall be accomplished only by unanimous resolution of the board of commissioners. However, such board of commissioners shall have no power, jurisdiction or authority to abolish, dissolve or terminate any such district while such district has any outstanding indebtedness of any kind or character.

(3) After a district is created, a local governmental unit may withdraw as a member thereof only if:

(a) The district has no outstanding indebtedness of any kind or character;

(b) Withdrawal would not impair the district's water management plan or objectives;

(c) The withdrawing entity is not receiving benefits from the water management operations and activities of the district; and

(d) Withdrawal is approved by a three-fifths ( 3 / 5 ) vote of the board of commissioners.
Miss. Code Ann. § 51-29-13 — MS Code / Title 51 / Chapter 26 / Section 29-13
Miss. Code Ann. § 51-29-13
Status: in_force

The order of the chancery court, or chancellor in vacation, establishing such drainage districts shall have the force of a judgment. Any owner of real property within the district may appeal from said judgment to the supreme court within twenty days after said order has been made; but if no appeal is taken within that time, such judgment shall be deemed conclusive and binding upon all real property within the boundaries of the district, and upon the owners thereof. Any owner of property in the district proposed to be organized may, within a like time and in a like manner, appeal from any order refusing to establish such district.
Miss. Code Ann. § 51-9-207 — MS Code / Title 51 / Chapter 9 / 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. § 51-7-23 — MS Code / Title 51 / Chapter 5 / 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. § 51-9-129 — MS Code / Title 51 / Chapter 7 / Section 9-129
Miss. Code Ann. § 51-9-129
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 Section 51-3-31 .
Miss. Code Ann. § 51-41-11 — MS Code / Title 51 / Chapter 39 / Section 41-11
Miss. Code Ann. § 51-41-11
Status: in_force

The application for reconstitution and certificate of incorporation shall be signed and acknowledged by a majority of the board of directors of the qualified corporation. When the application for reconstitution and certificate of incorporation and other required documents have been so filed with and accepted by the Secretary of State, as evidenced by the issuance by the Secretary of State of its certificate of existence in a form that the Secretary of State may deem appropriate, the water authority referred to in the application shall come into existence and shall constitute a body corporate and politic in perpetuity with power of perpetual succession and a political subdivision of the state under the name set forth in the application, and the water authority shall be vested with the rights and powers granted in this chapter and any other applicable laws. At the same time, the qualified corporation shall cease to exist and all assets and liabilities of every nature, including without limitation, all real property, personal property, certificate of public necessity and convenience, contractual obligations, lending obligations outstanding, rights afforded borrowers of federal and state funds and other tangible and intangible assets and liabilities of every nature shall, without need for further action or approval by any third party, be vested in and shall accrue to the benefit of the water authority. The water authority shall then send notice of transfer of said certificate to the Mississippi Public Service Commission.
Miss. Code Ann. § 51-29-123 — MS Code / Title 51 / Chapter 29 / Section 29-123
Miss. Code Ann. § 51-29-123
Status: in_force

Such district shall have the right to acquire and own in fee simple, within the confines of such district, all necessary rights of way for floodways, by-passes, ditches, canals, levees, and other necessary work or improvements, by purchase or condemnation as now provided by law within the district; and it may sell, lease, or otherwise dispose of same, subject to drainage purposes and easements of the district, or it may rent or lease for cash, or part of crops, such parts of its right of way as are susceptible of growing and producing crops, the income therefrom to be used for the maintenance of the improvements of the district.
Miss. Code Ann. § 51-35-345 — MS Code / Title 51 / Chapter 35 / Section 35-345
Miss. Code Ann. § 51-35-345
Status: in_force

The board of directors of the district is hereby authorized and empowered to negotiate and contract with the United States of America, the State of Mississippi, or any political subdivision thereof concerning the location, relocation, alteration, construction, changing, or closing of any highway, street, bridge, or roadway, or for the facilities appurtenant thereto, and all lands, easements, and rights of way necessary thereto.
Miss. Code Ann. § 51-29-161 — MS Code / Title 51 / Chapter 17 / Section 29-161
Miss. Code Ann. § 51-29-161
Status: in_force

The owner or owners of any tract or tracts of land situated within the boundaries of any drainage district that embraces land in more than one county of the state and was organized under this chapter may, in event the United States government, any agency or instrumentality thereof, or any corporation organized under an Act of the Congress of the United States for the purpose of engaging in any reforestation activity accepts a proposal of said owner or owners for the sale thereof, file a petition in the chancery court of the county in which the drainage district was organized, describing therein the tract or tracts of land in said district on which the proposal of said owner or owners for sale as aforesaid has been accepted as said tract or tracts are described in the assessment roll of the district, stating the total amount of assessments of benefits against each said tract and also the total amount thereof remaining unpaid at the time of the filing of such petition, and praying an acquittance of said tract or tracts from all outstanding indebtedness and assessments of benefits of said district whatever and a release thereof from the boundaries of said district on payment of the total amount of assessment of benefits of said district against said tract or tracts remaining unpaid on the filing of such petition. Thereupon the clerk of such chancery court shall issue notices, addressed to all the landowners of said district and to all holders of the outstanding indebtedness of said district, of a hearing on such petition at the next succeeding term of said court or in vacation at a time and place to be fixed by the chancellor, which notice shall be published in a weekly newspaper having a bona fide circulation in each county, any part of which is included within the boundaries of such district, for two successive issues.
Miss. Code Ann. § 51-13-137 — MS Code / Title 51 / Chapter 13 / Section 13-137
Miss. Code Ann. § 51-13-137
Status: in_force

The board of directors of the district is hereby authorized to provide by resolution for the issuance of refunding bonds of the district for the purpose of refunding any bonds then outstanding and issued under authority of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such refunding bonds, the maturity and other details thereof, and the rights, duties, and obligations of the board of trustees and of the district in respect to such bonds shall be governed by the provisions of this article, in so far as they are applicable. In no event shall such bonds mature over a period of time exceeding forty years from January 1, 1964.
Miss. Code Ann. § 51-9-11 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-5 — MS Code / Title 51 / Chapter 26 / 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. § 51-9-125 — MS Code / Title 51 / Chapter 4 / Section 9-125
Miss. Code Ann. § 51-9-125
Status: in_force

The Pearl River Valley Water Supply District is authorized to establish or otherwise provide for public parks and recreation facilities and for the preservation of fish and wildlife and to acquire land otherwise than by condemnation except as provided in subsection (f) of Section 51-9-121 , for such purposes, within the project area.
Miss. Code Ann. § 51-15-5 — MS Code / Title 51 / Chapter 7 / Section 15-5
Miss. Code Ann. § 51-15-5
Status: in_force

The commission 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. § 51-7-25 — MS Code / Title 51 / Chapter 4 / Section 7-25
Miss. Code Ann. § 51-7-25
Status: in_force

In addition to other powers provided in this chapter, the commissioners shall have power to adopt a seal of the district, which shall be judicially noticed; to fix the domicile of the master water management district; to make and execute contracts and other instruments necessary or convenient to the exercise of their powers; to adopt such rules and regulations as may be necessary for carrying out the purposes of the chapter and the purposes of the district, if not inconsistent with the laws and constitution of this state; to sue and be sued in the name of the district; to employ such engineers, legal counsel, or other persons as may be necessary in accomplishing the work of the district; to obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, or by the exercise of the power of eminent domain in the manner provided by the statutes of this state on eminent domain, any property, real or personal, or rights or interests therein reasonably necessary to carry out the purposes of this chapter; to maintain, administer, and improve any property acquired, to receive income from such properties, and to expend such income in carrying out the purposes and provisions of this chapter; to conduct surveys, investigations, and research necessary in carrying out the purposes of the chapter; to sell, lease, or otherwise dispose of any property or interests therein in furtherance of the purposes and provisions of this chapter; to construct, operate, and maintain works of improvement; to perform responsibilities in operating and maintaining all pre-existing works of improvement which, with the approval of the chancery court and the consent of the master water management district, may be turned over to such district; to accept, with approval of the chancery court, gifts and conveyances of land, easements, or rights of way owned by an existing drainage or water management district that are to be used by the master water management district for the purposes of the master water management district, on condition that the master water management district assume the responsibility for maintaining the works of improvement that are constructed on such lands, easements, or rights of way; to accept any moneys or services for carrying out the purposes of the district; to cooperate or enter into agreements with any agency, governmental or otherwise, or any person, firm, or corporation in carrying out the purposes of this chapter; and to do any and all things which are not inconsistent with the laws or constitution of this state in carrying out the purposes for which such districts were created in connection with projects and works of improvement carried out under Public Law 566, 83rd Congress, as amended or under other laws of the United States.
Miss. Code Ann. § 51-7-33 — MS Code / Title 51 / Chapter 1 / Section 7-33
Miss. Code Ann. § 51-7-33
Status: in_force

The commissioners may, at any time after the organization of the district, acquire permanent easements and rights of way for constructing, clearing, improving, and maintaining channels, canals and ditches within the district, in accordance with the provisions of Section 51-29-39 , insofar as such provisions may be applicable. It shall not be necessary to personally summon the landowners affected, but in lieu thereof notice may be given by publication in the same manner as provided by Section 51-7-11 , on plans and specifications of the district filed with the chancery clerk. The findings of the court, or chancellor in vacation, shall be final and have the force and effect of a judgment, from which appeal may be taken within twenty (20) days to the supreme court of the state, either by the property owner or by the commissioners of the district.

In lieu of the method herein provided for acquiring land and making compensation for damages, the commissioners may at any time after the organization of the district acquire permanent easements and rights-of-way for constructing and maintaining works of improvement within or without the district boundaries, such works of improvement to include floodwater retarding structures, impoundment structures and construction and improvement of channels, canals and ditches, in accordance with the provisions of Section 51-29-39 , insofar as such provisions may be applicable.
Miss. Code Ann. § 51-9-7 — MS Code / Title 51 / Chapter 3 / Section 9-7
Miss. Code Ann. § 51-9-7
Status: in_force

The commission shall be financed in all 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. § 51-31-105 — MS Code / Title 51 / Chapter 26 / Section 31-105
Miss. Code Ann. § 51-31-105
Status: in_force

The proper chancery court of the county of the defendant district being sued shall have jurisdiction of all suits brought against such district, and between drainage districts suing unless otherwise provided. The chancery court organizing a drainage district shall have exclusive jurisdiction of all suits brought against such district, unless otherwise herein provided.
Miss. Code Ann. § 51-13-117 — MS Code / Title 51 / Chapter 13 / Section 13-117
Miss. Code Ann. § 51-13-117
Status: in_force

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

(2) Such district may prescribe reasonable penalties for the breach of any regulation of the district.
Miss. Code Ann. § 51-29-123 — MS Code / Title 51 / Chapter 25 / Section 29-123
Miss. Code Ann. § 51-29-123
Status: in_force

Such district shall have the right to acquire and own in fee simple, within the confines of such district, all necessary rights of way for floodways, by-passes, ditches, canals, levees, and other necessary work or improvements, by purchase or condemnation as now provided by law within the district; and it may sell, lease, or otherwise dispose of same, subject to drainage purposes and easements of the district, or it may rent or lease for cash, or part of crops, such parts of its right of way as are susceptible of growing and producing crops, the income therefrom to be used for the maintenance of the improvements of the district.
Miss. Code Ann. § 51-5-19 — MS Code / Title 51 / Chapter 3 / Section 5-19
Miss. Code Ann. § 51-5-19
Status: in_force

This chapter shall be supplementary to laws, rules, and regulations of the State of Mississippi, of any of its political subdivisions, and of any other state agencies or commissions, except insofar as such conflict may exist.
Miss. Code Ann. § 51-35-341 — MS Code / Title 51 / Chapter 33 / Section 35-341
Miss. Code Ann. § 51-35-341
Status: in_force

The district may borrow funds for a period of not to exceed three years and may renew and extend said loans from time to time, from any city, municipality, county, state, the United States of America, or any of its agencies or departments, or from any other source to pay the preliminary expenses of organizing the district or for carrying out any of the purposes of this article, including engineering services, attorneys fees and expenses, and other organization and administration expenses, on such terms of repayment as the board of directors shall determine; and any municipality or county in which any part of the district shall lie may advance or loan funds to said district for such purposes. Any such municipality or county making such loan or advance is authorized and empowered to borrow money for a period not to exceed three years from the date of such borrowing for the purpose of making such loan or advance. The board of directors is hereby authorized to repay any such advances from the proceeds of any bonds issued under the provisions of this article. In the event any said loan or advance is not paid at maturity thereof, the district is authorized to levy a tax on the lands of the district under the provisions of this article for the repayment thereof.
Miss. Code Ann. § 51-7-45 — MS Code / Title 51 / Chapter 4 / Section 7-45
Miss. Code Ann. § 51-7-45
Status: in_force

On hearing, the chancery court shall hear the cause in the same manner as other causes in chancery, and shall dissolve or refuse to dissolve said district as shall appear in the best interests of the landowners, and shall enter an order accordingly. If an order of dissolution is entered, the court shall decree that no further expenses shall be incurred by the district, and all papers, records and documents of the district shall be deposited with the chancery court by the commissioners within fifteen days after said order. Costs of the dissolution proceeding in event of dissolution, including solicitors fees as might be allowed by the court, shall be assessed and taxed by the court to be collected in the same manner as other taxes and assessments of the district; but in event the district is not dissolved, all costs including solicitors fees shall be assessed against the petitioners.
Miss. Code Ann. § 51-5-13 — MS Code / Title 51 / Chapter 4 / Section 5-13
Miss. Code Ann. § 51-5-13
Status: in_force

The driller shall keep accurate records on each water well drilled, including, but not limited to, its location, depth, character of rocks or formations drilled, fluids encountered, and such other reasonable information as the board may specify. Each driller shall, within thirty days after completion of each well, file a report containing such information in the office of the state board of water commissioners on forms provided by the board. However, no report or information shall be required to be filed with the board if the well is a driven well or if it is dug by the use of a hand auger.
Miss. Code Ann. § 51-7-11 — MS Code / Title 51 / Chapter 4 / Section 7-11
Miss. Code Ann. § 51-7-11
Status: in_force

Upon the filing of a petition for creation of a master water management district, and after fixing of the time, date, and place of hearing by the chancellor, the chancery clerk of the county wherein such petition is filed shall immediately publish a notice directed to the owners of land to be embraced in the proposed district, giving notice of the said petition and designating a date, not less than ten days nor more than twenty days after the last publication of notice, at which a hearing will be had on the petition. Said notice shall be published in a newspaper in each county wherein a part of such district is situated, such paper to have a general circulation in the area in said county wherein such portion of such district may be located, and said notice shall be published for three weeks in such newspaper. If there be no newspaper published in such county, then the notice provided herein shall be posted for not less than fifteen days, with one copy being posted on the bulletin board at the county courthouse and two copies posted at public places in the area proposed to be included in said master water management district. Said notice shall call upon landowners in such proposed district to show cause, if any, against establishment of such district, and such notice shall be in substantially the following form, to wit: “To all persons owning any interest in the following described lands, to wit: (with a description of the lands to be in subdivisions no smaller than quarter sections).”

Upon the date designated in the notice, or upon a subsequent day to which the matter may be continued, the chancery court shall hear all objections, if any are offered, to the organization of said district. Unless at the hearing at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) of the land proposed to be included in the district or at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the land proposed to be included in the district shall object to the organization, further proceedings shall be had as hereinafter provided; but the district shall not be organized in the event of such objection by at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) the land or by at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the land, excluding state-owned lands.
Miss. Code Ann. § 51-41-27 — MS Code / Title 51 / Chapter 39 / Section 41-27
Miss. Code Ann. § 51-41-27
Status: in_force

The principal of and interest, if any, on bonds issued under the authority of this chapter shall be exempt from all state, county and municipal taxes. This exemption shall include income, inheritance and estate taxes.
Miss. Code Ann. § 51-39-33 — MS Code / Title 51 / Chapter 37 / Section 39-33
Miss. Code Ann. § 51-39-33
Status: in_force

The district may at the direction of the governing bodies of the participating units of local government submit a storm water management plan as required state or federal environmental rules and regulations. The district may also provide services and facilities for implementation of the storm water management plan.
Miss. Code Ann. § 51-8-41 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-123 — MS Code / Title 51 / Chapter 17 / Section 31-123
Miss. Code Ann. § 51-31-123
Status: in_force

At the time so appointed by the clerk, the court or chancellor in vacation shall hear the said matter and the objections, if any, of any person or firm interested. If the court or chancellor in vacation shall find that said subdrainage district will conduce to the public benefit and that the same should be organized, the court or chancellor in vacation will enter an order to that effect. Nothing in this section shall be construed so as to prohibit the formation and organization of a drainage district wholly or partly within a drainage district already organized. A district independent of the district already organized may be organized where a part or all of the lands are in the district already organized, provided that the petition of the landowners is presented as heretofore specified and asks that said court or chancellor in vacation constitute them a drainage district under the terms of Sections 51-31-119 through 51-31-127 , and that the notice set out in Section 51-31-121 has been given. Thereafter proceedings shall be had substantially in conformity with this chapter for the creation of an original drainage district hereunder. When such a subdrainage district is organized as herein provided, it shall have all the rights, privileges and powers of any other district and shall have full power to make and levy assessments, issue bonds independent of any other district, and do all other things now provided by law for the formation and organization of a drainage district under this chapter. When any such district is organized, the several parcels of land thereof that are included within the corporate limits of the original drainage district shall still be liable to the district already organized for all assessments of benefits theretofore made or to an assessment of benefits thereafter levied, if any, or received by them; and in like manner shall receive credit for any work done which is a benefit to the district already organized.
Miss. Code Ann. § 51-29-159 — MS Code / Title 51 / Chapter 17 / Section 29-159
Miss. Code Ann. § 51-29-159
Status: in_force

The board of commissioners of any drainage district heretofore and hereafter organized under the provision of this chapter are hereby authorized and empowered, in their discretion, to lease lands owned by the drainage district for oil, gas, and mineral exploration and development upon such terms and conditions and for such consideration as the board of commissioners of said district, in their discretion, shall deem proper and advisable.

Every such lease shall empower the lessee to enter upon the premises leased and to explore and develop such premises for oil, gas, or either of them, or such other minerals as may be included in the terms of said lease, and do all things necessary or expedient for the production and preservation of any such products.

All rentals, royalties, or other revenue payable under any leases executed pursuant to this section shall be paid to and collected by the treasurer of such drainage district, deposited in the drainage district fund, and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money belonging to such drainage district.

Any lease executed pursuant to this section shall inure to the benefit of the lessee named therein, his heirs and assigns, and in case the lessee be a corporation, to such lessee and its assigns.
Miss. Code Ann. § 51-39-7 — MS Code / Title 51 / Chapter 39 / Section 39-7
Miss. Code Ann. § 51-39-7
Status: in_force

(1)(a) Any single unit of local government or any combination of units of local government may create a district.

(b) If any unit of local government is located within an existing district, then the unit of local government shall petition the district to provide a service or function needed by the petitioning unit, if the service or function is one which the district has the power and authority to perform. Upon receipt of the petition, the 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 plan to meet the need or perform the service or function. If the existing district does not affirmatively respond in a timely fashion, then the petitioning unit of local government may form a district as provided in this chapter.

(c) The district may include any geographic area within the boundaries of any interested unit of local government.

(d) A district may be formed although adequate water supply, flood control, drainage or other water or wastewater management activities are being undertaken by one or more of the units of local government interested in creating a district or by another public agency existing and operating within the geographical area of the district.

(2) Creation of a district shall be initiated by ordinance or resolution duly adopted by the governing body of each unit of local government. The ordinance or resolution shall state: (a) the necessity for the proposed district; (b) the primary function of the proposed district; (c) the geographic boundaries of the proposed district within the jurisdiction of the unit of local government; (d) the names and geographic boundaries of any other units of local government proposing to be in the district; (e) the date upon which the governing body intends to create the district; (f) the estimated cost of projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project or to invalidate any ordinance or resolution adopted under this section; (g) the name of a designated representative of the unit of local government to enter into an incorporation agreement with the other units of local government, if applicable; and (h) any other information reasonably necessary to inform the constituency of the unit of local government of the purpose and proposed obligations of the unit of local government and other units of local government, if applicable, proposing to create the district.

(3) The governing body of the unit of local government may hold a public meeting or public hearing on the necessity for creation of the district. The governing body shall provide notice in the manner provided under Section 51-39-9 of any public meeting or public hearing.
Miss. Code Ann. § 51-5-1 — MS Code / Title 51 / Chapter 2 / Section 5-1
Miss. Code Ann. § 51-5-1
Status: in_force

(1) Every person, firm and corporation desiring to engage in the business of drilling and developing wells for underground water, including drilling any wells or boreholes that may penetrate water-bearing formations, in the State of Mississippi, shall file an application with the Mississippi Commission on Environmental Quality (commission) for a water well contractor's license, using forms prepared by the commission, setting out qualifications therefor and providing such other information, including test scores from any examination, oral or written, as may be required by the commission. Developing wells shall include the installation and servicing of pumps and well equipment, but shall not include the installation and servicing of above-ground pumps. The fee for such license and renewal thereof shall be One Hundred Dollars ($100.00) for each year.

(2) All licenses shall expire on June 30 of each year. Licenses shall not be transferable or assignable. A license may be renewed and shall be renewable without examination for the ensuing year by making an application not later than the expiration date, providing certification that the required continuing education units have been completed, and paying the applicable fee. Such application shall have the effect of extending the validity of the current license until the new license is issued or until the applicant is notified by the commission that the request for renewal has been denied. If an application has not been received by the commission by the expiration date, the license will expire and the licensee will be prohibited from performing any work for which the license is required until such time as the license has been reinstated. On application made after June 30 of each year, the license may be reinstated only upon compliance with all requirements for renewal, including payment of the applicable fee, plus a penalty of Ten Dollars ($10.00) for each month or fraction thereof the application is delinquent. Failure to request reinstatement within one (1) year after a license has expired may, in the discretion of the commission, be deemed a waiver of the licensee's right to reinstatement without examination; and if he should request reinstatement thereafter, the commission may require that he be considered a new applicant subject to all requirements for initial licensing including the requirement for examination.

(3) Nothing in this chapter shall prevent a person who has not obtained a license pursuant thereto from constructing a water well on his own or leased property intended for use only in a single family house which is his permanent residence, or intended for use only for watering livestock on his farm, and where the waters to be produced are not intended for use by the public or any residence other than his own. However, such person shall comply with all rules and regulations as to the construction of wells as set out by the provisions of this chapter.

(4) Nothing in this chapter shall prevent a person who has not obtained a license pursuant thereto from constructing a water well on his own or leased property intended for use only for irrigating crops on his farm. However, such person shall comply with all rules and regulations as to the construction of wells as set out by the provisions of this chapter.

(5) This section shall not apply to any person who performs labor or services at the direction and under the personal supervision of a licensed well contractor.

(6) Any person whose license has been revoked may, upon application for a new license, be required, in the discretion of the board, to take the examination and in all other ways be considered as a new applicant.

(7) As used in this chapter, the terms “ State Board of Water Commissioners ,” “ board ” and “ commission ” mean the Mississippi Commission on Environmental Quality.