Miss. Code Ann. § 51-31-53 — MS Code / Title 51 / Chapter 29 / Section 31-53
Miss. Code Ann. § 51-31-53
Status: in_force

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

At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.
Miss. Code Ann. § 51-41-27 — MS Code / Title 51 / Chapter 35 / 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. § 51-9-217 — MS Code / Title 51 / Chapter 7 / 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. § 51-9-225 — MS Code / Title 51 / Chapter 7 / 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. § 51-31-17 — MS Code / Title 51 / Chapter 17 / Section 31-17
Miss. Code Ann. § 51-31-17
Status: in_force

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

It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.
Miss. Code Ann. § 51-15-7 — MS Code / Title 51 / Chapter 15 / 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. § 51-13-139 — MS Code / Title 51 / Chapter 3 / Section 13-139
Miss. Code Ann. § 51-13-139
Status: in_force

All bonds of the district are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employees' Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-29-3 — MS Code / Title 51 / Chapter 17 / 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. § 51-31-93 — MS Code / Title 51 / Chapter 29 / Section 31-93
Miss. Code Ann. § 51-31-93
Status: in_force

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

In determining the amount of such benefits, the court or chancellor in vacation may take into consideration the improvements that might be made by said railroad of a permanent character, and the increased revenue to be gained by the improvement of the lands in said district for agriculture and sanitation, if any can be shown by the construction of such proposed work.
Miss. Code Ann. § 51-7-19 — MS Code / Title 51 / Chapter 1 / Section 7-19
Miss. Code Ann. § 51-7-19
Status: in_force

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

If upon the hearing provided for in this section, a petition is presented to the chancery court, or the chancellor in vacation, signed by a majority of the landowners owning one-third ( 1 / 3 ) of the land, or, one-third ( 1 / 3 ) of the landholders owning a majority of the land, praying that the improvements be made, it shall be the duty of the court or chancellor to make the order establishing the district, without further inquiry, if it appear that the establishment thereof be necessary for the promotion of public health and for agricultural purposes. However, if upon that day a petition signed by a majority of the landowners owning one-third ( 1 / 3 ) of the land, or one-third ( 1 / 3 ) of the landowners owning a majority of the land, be presented praying that the improvements be not made, it shall be the duty of the court or chancellor to so order, but if no such petition is filed it shall be the duty of the court or chancellor to investigate and to establish such district if he is of the opinion the establishment thereof will be to the advantage of the owners of real property therein, and is for the public benefit. The petition provided for therein may be signed by women, whether married or single, owning land in the proposed district, guardians may sign for their wards, and trustees, executors and administrators may sign for the estate represented by them; if the signature of any corporation thereto is attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to said petition.
Miss. Code Ann. § 51-39-15 — MS Code / Title 51 / Chapter 35 / Section 39-15
Miss. Code Ann. § 51-39-15
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal authorities in Section 11-51-75 . However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution or ordinance in Section 51-39-11 , the creation of the district within the jurisdiction of that unit of local government shall be final and shall not be subject to attack in any court after that time.
Miss. Code Ann. § 51-4-23.9 — MS Code / Title 51 / Chapter 3 / Section 4-23.9
Miss. Code Ann. § 51-4-23.9
Status: in_force

In accordance with Section 51-4-7 , the Noxubee River in Noxubee County from the Oktibbeha County line to the Mississippi-Alabama line, which was designated as eligible for nomination to the State Scenic Streams Stewardship Program under Section 51-4-21.9 , is designated as a state scenic stream and is included in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-39-29 — MS Code / Title 51 / Chapter 35 / 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. § 51-13-141 — MS Code / Title 51 / Chapter 13 / 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. § 51-33-43 — MS Code / Title 51 / Chapter 33 / Section 33-43
Miss. Code Ann. § 51-33-43
Status: in_force

No sale of tax lands in any drainage district organized under any of the laws of this state shall be made unless and until the state land commissioner is furnished by the applicant with a certificate signed by the president or secretary of the board of commissioners or other governing authority of the said drainage district in which such land is situated, certifying that arrangements, satisfactory to said board of commissioners for the payment of the drainage taxes accruing upon said land subsequent to the sale for delinquent taxes have been made with the applicant.
Miss. Code Ann. § 51-8-49 — MS Code / Title 51 / Chapter 4 / Section 8-49
Miss. Code Ann. § 51-8-49
Status: in_force

The property and revenue of such district shall be exempt from all state, county and municipal taxation. Bonds issued pursuant to this chapter and the income therefrom shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes, and it may be so stated on the face of said bonds.
Miss. Code Ann. § 51-31-59 — MS Code / Title 51 / Chapter 26 / Section 31-59
Miss. Code Ann. § 51-31-59
Status: in_force

If on the hearing by the court or chancellor in vacation no written objections are filed, a decree confirming the appraisement shall be rendered. Upon payment of said amount to the chancery clerk for the party entitled thereto, the district may enter upon and take possession of said property and appropriate it to the use of said district; and the title to the easement thereof and thereover shall thereupon vest in said district. The clerk shall receipt upon said decree for the money paid, and said decree with the receipt of the clerk thereon shall be recorded in the records of deeds of the county in which the land lies. If written objections are filed on or before the time set for the hearing, the court or chancellor in vacation shall proceed to hear the objections filed and, on demand of the party making said objections, shall empanel a jury to determine the value of the land taken and the damage due the objector.

No decree pro confesso shall be entered against an owner or person interested residing in this state unless it appear that he has been duly served with summons at least two days prior to the return-day, and no decree pro confesso shall be rendered against any nonresident or unknown owner or person interested unless proper publication has been made.

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 in severalty, 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 alterations in the appraisement as may be deemed just and equitable, by raising or lowering any appraisement; and payment of such amount fixed by the decree shall be made to the chancery clerk as hereinbefore provided. Said clerk shall receipt for same on the decree, and such decree with receipt thereon shall be recorded.
Miss. Code Ann. § 51-13-155 — MS Code / Title 51 / Chapter 2 / Section 13-155
Miss. Code Ann. § 51-13-155
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 any alternative procedure conformable with such constitutions. If any provisions 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. § 51-31-107 — MS Code / Title 51 / Chapter 17 / 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. § 51-29-121 — MS Code / Title 51 / Chapter 27 / Section 29-121
Miss. Code Ann. § 51-29-121
Status: in_force

Whenever such districts include within their boundaries land already included in an existing drainage district, such land in the existing district shall remain liable for benefits already assessed or that may thereafter be assessed by such existing district, and shall also be liable to be assessed for benefits by the new district as now provided by law; but such land in an existing district may, for any of its improvements used by the new district, be given credit against the assessment of benefits levied by the new district to the amount of its pro rata portion of all the bonded and outstanding indebtedness, including interest to accrue upon such bonds and indebtedness of such existing district.
Miss. Code Ann. § 51-4-13 — MS Code / Title 51 / Chapter 3 / Section 4-13
Miss. Code Ann. § 51-4-13
Status: in_force

This chapter shall not be construed to prohibit, restrict or otherwise affect any existing or future lawful use or activity in or related to the scenic streams area. This chapter also shall not be construed to prohibit, restrict or otherwise affect the operation, maintenance or new construction of any facility, road, railroad, bridge, utility, pipeline, crossing or any other structure in or related to the scenic stream area. In the event there is any conflict between this section and any other provision in this chapter, this section shall control.
Miss. Code Ann. § 51-9-105 — MS Code / Title 51 / Chapter 2 / 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. § 51-9-101 — MS Code / Title 51 / Chapter 3 / 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. § 51-9-207 — MS Code / Title 51 / Chapter 8 / 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. § 51-29-115 — MS Code / Title 51 / Chapter 26 / Section 29-115
Miss. Code Ann. § 51-29-115
Status: in_force

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

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

When the court or chancellor has established a subdistrict, he shall appoint the commissioners of the subdistrict; and the proceedings thereafter shall conform in all respects to the provisions of this chapter relating to the drainage district. Said commissioners are empowered and authorized to issue bonds of said subdistrict, and said bonds shall be designated as the bonds of said subdistrict; and all the foregoing provisions of this chapter in reference to the issuance of the bonds of said drainage district shall apply to and govern the issuance of bonds of each particular subdistrict. The proceeds of the sale or money obtained on the bonds of any subdistrict shall be used and applied exclusively to the work of constructing and maintaining the internal drains of said subdistrict in the carrying out and perfecting its internal drains. Separate accounts shall be kept by the treasurer and depositories of said commission with each subdrainage district, so that there can be seen at all times the exact financial condition of each subdistrict, both as to its receipts and disbursements.
Miss. Code Ann. § 51-29-157 — MS Code / Title 51 / Chapter 26 / Section 29-157
Miss. Code Ann. § 51-29-157
Status: in_force

Said consolidated drainage district shall have the same authority, power and jurisdiction over the combined territory of said separate districts, and over the integrated system of drainage thereof, as if it were a district organized and existing under and by virtue of this chapter. Such district shall have the further and additional power, authority, and jurisdiction to assess said combined territory, or any part thereof, with additional benefits and to levy taxes thereon for the purpose of raising money to preserve the said integrated system of drainage thereof, to clean out, widen, maintain, extend, deepen, and maintain the main and lateral canals thereof, and to construct such other and new canals as the board of commissioners of said consolidated drainage district may find advantageous to the efficient drainage of the said combined territory. In the exercise of said authority, power, and jurisdiction, said consolidated drainage district shall not be bound by any assessment previously made in any of said separate drainage districts, and may assess the said combined lands with benefits without regard to any former assessment of benefits in any separate district. In making said assessments, levying taxes, and in exercising its authority, jurisdiction, and control, said consolidated drainage district shall, insofar as the same is not inconsistent with Sections 51-29-145 through 51-29-157 , follow the procedures which shall have the effect provided by this chapter.
Miss. Code Ann. § 51-31-63 — MS Code / Title 51 / Chapter 17 / 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. § 51-15-9 — MS Code / Title 51 / Chapter 15 / Section 15-9
Miss. Code Ann. § 51-15-9
Status: in_force

This article shall be considered supplemental and additional to any and all other laws, and confers sufficient authority in and of itself for the purposes set forth herein.
Miss. Code Ann. § 51-9-211 — MS Code / Title 51 / Chapter 5 / Section 9-211
Miss. Code Ann. § 51-9-211
Status: in_force

Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, a debt, liability or obligation of the state, nor shall such bonds constitute a pledge of the full faith and credit of the state or of the district, but shall be payable solely from the revenues or assets of the district pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that the district shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the full faith and credit nor the taxing power of the state or the district is pledged to the payment of the principal of or the interest on such bonds.
Miss. Code Ann. § 51-9-7 — MS Code / Title 51 / Chapter 8 / 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. § 51-5-11 — MS Code / Title 51 / Chapter 3 / Section 5-11
Miss. Code Ann. § 51-5-11
Status: in_force

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

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

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

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

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

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

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

(g) That he has willfully and contumaciously refused to obey reasonable orders, rules, and regulations of the board.
Miss. Code Ann. § 51-41-17 — MS Code / Title 51 / Chapter 41 / Section 41-17
Miss. Code Ann. § 51-41-17
Status: in_force

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

(a) To have succession in its designated name;

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

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

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

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

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

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

(h) To sell and issue its bonds;

(i) To sell and issue refunding bonds;

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

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

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

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

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

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

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

(q) To exercise and hold the authority and power granted to water supply systems and sewer systems under Sections 19-5-173 , 19-5-175 , 19-5-177 and 19-5-203 .
Miss. Code Ann. § 51-29-157 — MS Code / Title 51 / Chapter 29 / Section 29-157
Miss. Code Ann. § 51-29-157
Status: in_force

Said consolidated drainage district shall have the same authority, power and jurisdiction over the combined territory of said separate districts, and over the integrated system of drainage thereof, as if it were a district organized and existing under and by virtue of this chapter. Such district shall have the further and additional power, authority, and jurisdiction to assess said combined territory, or any part thereof, with additional benefits and to levy taxes thereon for the purpose of raising money to preserve the said integrated system of drainage thereof, to clean out, widen, maintain, extend, deepen, and maintain the main and lateral canals thereof, and to construct such other and new canals as the board of commissioners of said consolidated drainage district may find advantageous to the efficient drainage of the said combined territory. In the exercise of said authority, power, and jurisdiction, said consolidated drainage district shall not be bound by any assessment previously made in any of said separate drainage districts, and may assess the said combined lands with benefits without regard to any former assessment of benefits in any separate district. In making said assessments, levying taxes, and in exercising its authority, jurisdiction, and control, said consolidated drainage district shall, insofar as the same is not inconsistent with Sections 51-29-145 through 51-29-157 , follow the procedures which shall have the effect provided by this chapter.
Miss. Code Ann. § 51-9-159 — MS Code / Title 51 / Chapter 4 / Section 9-159
Miss. Code Ann. § 51-9-159
Status: in_force

Any municipality or county which is within the territorial limits of the district may advance funds to said district to pay the preliminary expenses, including engineers' reports, organization, or administration expenses, on such terms of repayment as the governing body of such municipality or county shall determine. Notwithstanding the provisions of any law to the contrary, such municipality or county is authorized and empowered to borrow money for a period not to exceed one year from the date of such borrowing, for the purpose of making such advances. The board of directors is hereby authorized to repay any such advances from the proceeds of any bonds issued under the provisions of this article.
Miss. Code Ann. § 51-13-139 — MS Code / Title 51 / Chapter 8 / Section 13-139
Miss. Code Ann. § 51-13-139
Status: in_force

All bonds of the district are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employees' Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-9-215 — MS Code / Title 51 / Chapter 2 / Section 9-215
Miss. Code Ann. § 51-9-215
Status: in_force

The district may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The district may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the collection facilities or treatment facilities the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such collection facilities or treatment facilities, fix, charge, collect, enforce and receive all revenues derived from such collection facilities or treatment facilities and perform the public duties and carry out the contracts and obligations of the district in the same manner as the district itself might do, all under the direction of such court.
Miss. Code Ann. § 51-31-7 — MS Code / Title 51 / Chapter 27 / Section 31-7
Miss. Code Ann. § 51-31-7
Status: in_force

All drainage districts of the state heretofore organized or that may be hereafter organized, except as otherwise provided in Chapters 29 and 33 of this title, shall severally exercise their respective powers and be managed by three county drainage commissioners of the county in which the organization of the district was had and by the chancery court or chancellor in vacation of such county, as hereinafter provided in this chapter.
Miss. Code Ann. § 51-13-9 — MS Code / Title 51 / Chapter 7 / Section 13-9
Miss. Code Ann. § 51-13-9
Status: in_force

This article shall be considered supplemental and additional to any and all other laws and confers sufficient authority in and of itself for the purposes set forth herein.
Miss. Code Ann. § 51-13-139 — MS Code / Title 51 / Chapter 9 / Section 13-139
Miss. Code Ann. § 51-13-139
Status: in_force

All bonds of the district are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employees' Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-9-195 — MS Code / Title 51 / Chapter 2 / Section 9-195
Miss. Code Ann. § 51-9-195
Status: in_force

Payments by any public agency for water supplies from the waterworks or water supply system owned or operated by the district shall be made from the gross receipts or revenues of the public agency's waterworks, water supply system, or of its combined waterworks, water supply, sewerage and sewage disposal systems, as may be prescribed in the contract between the public agency and the district, its successors or assigns, or as otherwise authorized by law. Such payments shall constitute an operating expense of the system or systems whose revenues are thus to be applied. No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of waterworks or a water supply system or any part thereof owned or operated by such public agency. Payments made or to be made to the district pursuant to any contract authorized by this act shall not be subject to approval or review by the Mississippi Public Service Commission.
Miss. Code Ann. § 51-4-13 — MS Code / Title 51 / Chapter 2 / Section 4-13
Miss. Code Ann. § 51-4-13
Status: in_force

This chapter shall not be construed to prohibit, restrict or otherwise affect any existing or future lawful use or activity in or related to the scenic streams area. This chapter also shall not be construed to prohibit, restrict or otherwise affect the operation, maintenance or new construction of any facility, road, railroad, bridge, utility, pipeline, crossing or any other structure in or related to the scenic stream area. In the event there is any conflict between this section and any other provision in this chapter, this section shall control.
Miss. Code Ann. § 51-9-219 — MS Code / Title 51 / Chapter 2 / Section 9-219
Miss. Code Ann. § 51-9-219
Status: in_force

All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 51-8-19 — MS Code / Title 51 / Chapter 8 / Section 8-19
Miss. Code Ann. § 51-8-19
Status: in_force

From and after the date of adoption of the resolution creating a joint water management district, such district shall be a public corporation in perpetuity in its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
Miss. Code Ann. § 51-4-21.4 — MS Code / Title 51 / Chapter 1 / Section 4-21.4
Miss. Code Ann. § 51-4-21.4
Status: in_force

In accordance with Section 51-4-7 , a loop of Bear Creek in Tishomingo County from the Mississippi-Alabama state line where it enters Mississippi to the Mississippi-Alabama line where it reenters Alabama is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-8-3 — MS Code / Title 51 / Chapter 3 / Section 8-3
Miss. Code Ann. § 51-8-3
Status: in_force

A joint water management district may be created for the purpose of establishing a water supply system, conserving water resources, developing additional water resources or any other water or wastewater management function not being performed by an existing water management district, except that such a district as described in Section 51-8-1 may not be created for the purpose of constructing, contracting for the construction of, or serving as a local sponsor for the construction of, any dam or other flood control facility or project, the primary purpose of which is to control flooding on any part of the Pearl River, Mississippi River, Yazoo River, Tombigbee River, Big Black River, Pearl River, Pascagoula River, Tallahatchie River, Yalobusha River, Homochito River, Buffalo River, Leaf River, Coldwater River, Sunflower River, Little Sunflower River, Wolf River, Yockanookany River, Ofahoma River, Strong River, Bogue Chitto River, Amite River, Bayou Pierre River, Tangipahoa River, Noxubee River, Buttahatchee River, Chunky River, Biloxi River, Tippah River, Hatchie River, Jourdan River, Bowie River, Chickasawhay River and Escatawpa River.
Miss. Code Ann. § 51-13-131 — MS Code / Title 51 / Chapter 2 / 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. § 51-9-147 — MS Code / Title 51 / Chapter 1 / Section 9-147
Miss. Code Ann. § 51-9-147
Status: in_force

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employee's Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-13-121 — MS Code / Title 51 / Chapter 9 / Section 13-121
Miss. Code Ann. § 51-13-121
Status: in_force

In each county of the State of Mississippi which is part of the Tombigbee River Valley Water Management District, beginning with the ad valorem tax assessment for the calendar year 1964, payable on or before February 1, 1965, and so long as any bonds issued hereunder and other obligations are outstanding, the tax collector of said county shall pay into the depository selected by said water district for said purpose the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county, which may be collected by any lawful taxing agency of said county and state and for said county and the State of Mississippi shall continue to levy not less than two mills ad valorem taxes on each county in the district so long as any obligations or bonds issued pursuant to this article remain outstanding.
Miss. Code Ann. § 51-41-9 — MS Code / Title 51 / Chapter 35 / 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. § 51-31-71 — MS Code / Title 51 / Chapter 25 / Section 31-71
Miss. Code Ann. § 51-31-71
Status: in_force

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

The commissioners shall take and file a certificate of publication of such notice with the clerk; and upon the acceptance of any bid for the construction of any work, they shall require said bidder to enter into contract with them for the faithful performance of said work according to the plans, specifications, profile, and estimates of the engineer, and require said contractor to enter into bonds for the faithful performance of said work within the time and in the manner specified in said contract.
Miss. Code Ann. § 51-4-23.6 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-127 — MS Code / Title 51 / Chapter 26 / Section 31-127
Miss. Code Ann. § 51-31-127
Status: in_force

The drainage commissioners and the treasurer of the main drainage district shall keep a separate account of all funds and expenses and payments of a subdrainage district, so that at any time the account will show the exact financial condition of such subdrainage district, both as to receipts and disbursements.
Miss. Code Ann. § 51-29-139 — MS Code / Title 51 / Chapter 17 / Section 29-139
Miss. Code Ann. § 51-29-139
Status: in_force

Nothing contained in Sections 51-29-131 through 51-29-143 shall be construed as preventing the inclusion, in the boundaries of the drainage district to be extended, of any lands embraced in any other existing drainage district. Any such lands shall be and remain liable to the drainage district in which such land is located for assessments for benefits thereafter levied, by the new district as extended, if any benefits are received by them; and in like manner shall receive credit for any work done, or improvements made, which will benefit the land added to the drainage district as extended.
Miss. Code Ann. § 51-29-25 — MS Code / Title 51 / Chapter 27 / Section 29-25
Miss. Code Ann. § 51-29-25
Status: in_force

In any proceeding heretofore or hereafter had for the establishment of a ditch or drain or the doing of any other thing deemed necessary, when an engineer has been appointed and has made complete surveys and reports thereof, and for any reason the improvement has been abandoned and the proceedings dismissed, and afterwards proceedings are instituted for the establishment of a ditch or drain or for the doing of anything toward the prosecution of said work for the reclamation of the same territory surveyed in said former proceedings, or a part thereof and the territory additional thereto, the engineer's reports, surveys, stakes, and monuments made in former proceedings, as far as practicable or so much thereof as may be applicable, and the cost thereof in said former proceedings, or such parts thereof as used, shall be paid for as a part of the subsequent proceedings in which such report, surveys, stakes, and monuments, or a part thereof, are used.
Miss. Code Ann. § 51-4-3 — MS Code / Title 51 / Chapter 1 / Section 4-3
Miss. Code Ann. § 51-4-3
Status: in_force

Except as otherwise required by the context:

(a) “ Department ” means the Department of Wildlife, Fisheries and Parks.

(b) “ Stream ” means any free-flowing stream or segment of stream that is a public waterway under Section 51-1-4, Mississippi Code of 1972 , and has not been channelized within the last five (5) years.
Miss. Code Ann. § 51-3-1 — MS Code / Title 51 / Chapter 1 / Section 3-1
Miss. Code Ann. § 51-3-1
Status: in_force

It is hereby declared that the general welfare of the people of the State of Mississippi requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use, or unreasonable method of use, of water be prevented, that the conservation of such water be exercised with the view to the reasonable and beneficial use thereof in the interest of the people, and that the public and private funds for the promotion and expansion of the beneficial use of water resources shall be invested to the end that the best interests and welfare of the people are served.

It is the policy of the Legislature that conjunctive use of groundwater and surface water shall be encouraged for the reasonable and beneficial use of all water resources of the state. The policies, regulations and public laws of the State of Mississippi shall be interpreted and administered so that, to the fullest extent possible, the ground and surface water resources within the state shall be integrated in their use, storage, allocation and management.

All water, whether occurring on the surface of the ground or underneath the surface of the ground, is hereby declared to be among the basic resources of this state to therefore belong to the people of this state and is subject to regulation in accordance with the provisions of this chapter. The control and development and use of water for all beneficial purposes shall be in the state, which, in the exercise of its police powers, shall take such measures to effectively and efficiently manage, protect and utilize the water resources of Mississippi.
Miss. Code Ann. § 51-9-7 — MS Code / Title 51 / Chapter 4 / 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. § 51-9-209 — MS Code / Title 51 / Chapter 5 / Section 9-209
Miss. Code Ann. § 51-9-209
Status: in_force

All bonds (other than refunding bonds, interim notes and certificate of indebtedness) issued pursuant to this act shall be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972; provided, however, that notice of such validation proceedings shall be addressed to the taxpayers of any public agency (i) which has contracted with the district pursuant to this act and whose contracts and the payments to be made by the public agency thereunder constitute security for the bonds of the district proposed to be issued, or (ii) which is a member of the district. Such notice shall be published at least once in a newspaper or newspapers having a general circulation within the geographical boundaries of each of the public agencies to whose taxpayers the notice is addressed. Such validation proceedings shall be instituted in the First Judicial District of the Chancery Court of Hinds County. The validity of the bonds so validated and of the contracts and payments to be made by the public agencies thereunder constituting security for the bonds shall be forever conclusive against the district and the public agencies which are parties to said contracts; and the validity of said bonds and said contracts and the payment to be made thereunder shall never be called in question in any court in this state.
Miss. Code Ann. § 51-9-147 — MS Code / Title 51 / Chapter 5 / Section 9-147
Miss. Code Ann. § 51-9-147
Status: in_force

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employee's Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-29-117 — MS Code / Title 51 / Chapter 26 / 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. § 51-29-29 — MS Code / Title 51 / Chapter 27 / Section 29-29
Miss. Code Ann. § 51-29-29
Status: in_force

Said commissioners shall proceed to assess the land within the district and shall inscribe in a book the description of each tract of land, the benefit to accrue to each tract by reason of such improvement, and shall enter such assessments of benefits opposite the description, together with an estimate of what the landowner will probably have to pay on such assessment for the first year. The assessment shall embrace not merely the land, but all railroad and other improvements on lands which will be benefited by the drainage system. In preparing the description of the lands so assessed, the commissioners may use either (1) the descriptions of lands and subdivisions thereof as shown on the official United States Government surveys and plats of lands within the district; (2) the descriptions of lands and subdivisions thereof as shown upon any plat of lands within the district and recorded upon the land records of the county in which said lands are located; (3) any metes and bounds descriptions found in the latest filed conveyance of said lands and of record in the records of deeds of the county in which said lands are located, and in such case it shall be sufficient to describe said lands by stating the number of acres and the general location of the land within the section, together with the book and page numbers of said conveyance. They shall place opposite each tract of land the name of the supposed owner, as shown by the last county land assessment roll; but a mistake in the name shall not vitiate the assessment. If any landowner or private corporation or any other drainage district has dug ditches or made drainage work that can be profitably used as a part of the general proposed system, the value of such ditches or drainage work to the district shall be assessed by said commissioners and shall appear upon the assessment and be paid for by the district, either in cash or by reduction of assessment. The commissioners shall also assess and place upon said roll or book of assessment, opposite each tract of land, all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged; and when said commissioners return no assessment of damages as to any tract of land, it shall be deemed a finding by them that no damages will be sustained. If the commissioners, at any time either before or after the organization of the district, find that other land not embraced within the boundaries of the district will be benefited by the proposed improvement or improvements already made, they shall assess the estimated benefit to such lands and shall specially report to the chancery court, or chancellor in vacation, the assessments which they have made on land beyond the boundaries of the district, as already established. It shall thereupon be the duty of the clerk of the chancery court to give notice by two (2) weekly insertions in a newspaper published in the county where such lands lie describing the additional lands which have been assessed; and the owners of real property so assessed shall be allowed not less than ten (10) days after the last publication of such notice in which to file with the clerk of the chancery court their protest against being so assessed, or included within the district. The chancery court, or chancellor in vacation, shall, at its next succeeding session after the time for filing of such protest shall have expired, investigate the question whether the lands beyond the boundaries of the district so assessed by the commissioners will in fact be benefited by the making of the improvement, and from its finding in that regard, either the property owner or the commissioners of the district may, within twenty (20) days appeal to the supreme court. If the finding is in favor of the commissioners, the limits of the district shall be extended so as to embrace any lands that may be benefited by the making of the improvement. When their assessment is completed, the commissioners shall subscribe such assessment and deposit it with the clerk of the chancery court where it shall be kept and preserved as a public record; 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 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. § 51-9-5 — MS Code / Title 51 / Chapter 4 / Section 9-5
Miss. Code Ann. § 51-9-5
Status: in_force

The Pearl River Industrial Commission is hereby authorized and empowered to do any and all things necessary or deemed by it advisable in making a survey or surveys of the region bordering the Pearl River, to investigate the possibilities of developing such areas from an industrial, irrigational, and recreational standpoint, to attract new industries, and to conserve available water for irrigational and industrial purposes, acting in co-operation with the federal government or any agency thereof and with any other interested groups. It is contemplated that plans be considered and drawn and surveys made for the location of industrial sites and making the most advantageous use of available water supplies, to protect against pollution and to devise methods of disposing of industrial waste, and adapting a long-range plan of sewerage disposal for the area. The commission is charged with the responsibility of co-operating with the state board of water commissioners created by Section 51-3-15 .
Miss. Code Ann. § 51-41-21 — MS Code / Title 51 / Chapter 35 / Section 41-21
Miss. Code Ann. § 51-41-21
Status: in_force

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

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

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

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

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

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

(b) Be in such form and denominations;

(c) Have such date or dates;

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

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

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

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

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

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

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

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

(9) All bonds issued by a water authority may be validated upon the direction of the board under Sections 31-13-1 through 31-13-11 . The validation hearing shall be held in the county in which the principal office of the water authority is located.
Miss. Code Ann. § 51-13-117 — MS Code / Title 51 / Chapter 4 / Section 13-117
Miss. Code Ann. § 51-13-117
Status: in_force

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

(2) Such district may prescribe reasonable penalties for the breach of any regulation of the district.
Miss. Code Ann. § 51-9-177 — MS Code / Title 51 / Chapter 4 / Section 9-177
Miss. Code Ann. § 51-9-177
Status: in_force

A person arrested by a reservoir police officer shall be handled or processed in the jurisdiction in which the offense was committed, in the same manner as if the arrest had been made by a sheriff or constable. If the reservoir police officer detains any person arrested by him, he shall forthwith deliver the arrested person to the sheriff of the county in which the offense was committed, and the reservoir police officer shall have no further authority as to the custody of such arrested person.
Miss. Code Ann. § 51-33-65 — MS Code / Title 51 / Chapter 33 / Section 33-65
Miss. Code Ann. § 51-33-65
Status: in_force

In any drainage district of the State of Mississippi which has an outstanding bonded indebtedness, any landowner may secure a release of his lands, or any part thereof, from the lien of the assessment of benefits thereon for drainage purposes by paying to the drainage commissioners such an amount as may be agreed upon by the drainage commissioners and the owners of all outstanding bonds of such drainage district.
Miss. Code Ann. § 51-13-147 — MS Code / Title 51 / Chapter 7 / 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. § 51-13-141 — MS Code / Title 51 / Chapter 2 / 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. § 51-13-129 — MS Code / Title 51 / Chapter 2 / Section 13-129
Miss. Code Ann. § 51-13-129
Status: in_force

The board of supervisors of each county becoming a member of the Tombigbee River Valley Water Management District shall pay or cause to be paid to the depository of said district a sum equal to one-half ( 1 / 2 ) mill on all of the taxable property within the Tombigbee Watershed area of the said county, beginning with the tax assessment for the calendar year 1964; and such payments shall be made and continued as long as there remains unpaid and outstanding any bonded indebtedness or obligations created by the district so created under this article. Any such board of supervisors shall provide the district the sum equal to the one-half ( 1 / 2 ) mill levy by appropriation of an equivalent sum from the general fund of the county.
Miss. Code Ann. § 51-13-123 — MS Code / Title 51 / Chapter 7 / Section 13-123
Miss. Code Ann. § 51-13-123
Status: in_force

The board of directors of the district is hereby authorized and empowered to borrow money or issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related facilities and including all financing and financial advisory charges, interest during construction, engineering, architectural, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by this article. Said board of directors is authorized and empowered to borrow money and issue bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Section 51-13-127 . All such bonds so issued by said district shall be secured solely by a pledge of the avails of the two mills ad valorem tax levy provided for in Section 51-13-121 or so much thereof as may be necessary therefor, and of the net revenues as hereinafter defined or so much thereof as may be necessary therefor. Such bonds shall not constitute general obligations of the State of Mississippi or of the counties comprising said district, and such bonds shall not be secured by a pledge of the full faith, credit, and resources of said state or of said counties. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this article shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, moneys, and all other funds coming into the possession of the district by virtue of the provisions of this article, except the proceeds from the sale of bonds issued hereunder, and except the avails of the two mill ad valorem tax levy provided for in Section 51-13-121 . “Net revenues” as used in this article shall mean the revenues after payment of costs and expenses of operation and maintenance of the project and related facilities.
Miss. Code Ann. § 51-41-3 — MS Code / Title 51 / Chapter 33 / Section 41-3
Miss. Code Ann. § 51-41-3
Status: in_force

As used in this chapter, unless the context otherwise requires:

(a) “ Board ” means the board of directors of the water authority;

(b) “ Bond ” means any bond, promissory note, lease purchase agreement or other evidence of indebtedness of any nature along with all debt securing instruments of every nature related thereto;

(c) “ Indenture ” means a mortgage, an indenture of mortgage, deed of trust, trust agreement, loan agreement, security agreement or trust indenture executed by the water authority as security for any bonds;

(d) “ Project ” means any raw or potable water or wastewater intake, treatment, distribution, transmission, storage, pumping, well site, well field or other facility or system, or any combination of the foregoing, that has as its purpose the providing of raw or potable water to members of the public and commercial, industrial or other users or the treatment of wastewater, along with any and all other appurtenances, equipment, betterments or improvements related thereto. The above projects may include any lands, or interest in any lands, deemed by the board to be desirable in connection with the projects, and necessary equipment for the proper functioning and operation of the buildings or facilities involved;

(e) “ Qualified corporation ” means any not-for-profit corporation or association that provides, distributes, transmits, treats, pumps or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial and other users;

(f) “ United States ” means the United States of America or any of its agencies or instrumentalities;

(g) “ State ” means the State of Mississippi; and

(h) “ Water authority ” means that body politic and governmental entity organized under the provisions of this chapter.
Miss. Code Ann. § 51-7-30 — MS Code / Title 51 / Chapter 4 / Section 7-30
Miss. Code Ann. § 51-7-30
Status: in_force

If the commissioners at any time either before or after the organization of the district find that other land not embraced within the boundaries of the district will be benefited by the proposed improvement or improvements already made, they shall assess the estimated benefit to such lands and shall specially report to the chancery court, or chancellor in vacation, the assessments which they have made on land beyond the boundaries of the district, as already established. It shall thereupon be the duty of the clerk of the chancery court to give notice by two (2) weekly insertions in a newspaper published in the county where such lands lie, describing the additional lands which have been assessed. The owners of real property so assessed shall be allowed not less than ten (10) days after the last required publication of such notice in which to file with the clerk of the chancery court in writing their protest against being so assessed, or included within the district. The chancery court, or chancellor in vacation, shall, within ninety (90) days, investigate the question whether the lands beyond the boundaries of the district so assessed by the commissioners will in fact be benefited by the making of the improvement, and from its finding in that regard, either the property owner or the commissioners may, within twenty (20) days, appeal to the supreme court. If the finding is in favor of the commissioners, the limits of the district shall be extended so as to embrace any lands that may be benefited by the making of the improvement.
Miss. Code Ann. § 51-7-33 — MS Code / Title 51 / Chapter 7 / 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. § 51-8-59 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-121 — MS Code / Title 51 / Chapter 17 / Section 31-121
Miss. Code Ann. § 51-31-121
Status: in_force

Upon the filing of said report with the clerk, he shall make an entry to that effect upon the minutes of said court and shall set down and fix the term of court next thereafter convening, or shall set down and fix a day in vacation, as he may deem best, when the court or the chancellor in vacation shall hear said matter. The clerk shall thereupon give notice by publication for two weeks, by two insertions in some newspaper published in the county in which the greater part of the land lies, notifying all persons interested to appear at the term of court or day set in vacation and show cause, if any, why said subdistrict should not be organized or bonds be issued to pay for said work.

However, the day set for hearing shall not be more than sixty days after the first of said notices is published. The said notice by publication shall be full and complete notice to any and all persons interested, and shall confer full and complete power and authority upon the court or chancellor in vacation to act in said matter.
Miss. Code Ann. § 51-31-79 — MS Code / Title 51 / Chapter 26 / Section 31-79
Miss. Code Ann. § 51-31-79
Status: in_force

Where the lands of any drainage district lie in two or more counties of this state, the county drainage commissioners of the county in which the greatest or greater number of acres of land lies, and in which the suit is brought for the organization of the drainage district, shall have jurisdiction as county drainage commissioners under the chancellor or chancery court of the entire drainage district the same as if the entire drainage district lay in the county of their selection. In reporting to the board of supervisors levies of taxes to be made by the board for the payment of bonds and other obligations of the district, the county drainage commissioners having jurisdiction over such drainage district shall make report to the board of supervisors of each county in which any of the lands of the drainage district lie, showing all the lands and assessments thereon lying in such county. The board of supervisors of the county in which such lands lie shall make the required levies, and the tax collectors of the counties in which the lands lie shall collect the taxes thus levied and account to the treasurer of the drainage district therefor, as in other cases.
Miss. Code Ann. § 51-9-155 — MS Code / Title 51 / Chapter 3 / 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. § 51-9-197 — MS Code / Title 51 / Chapter 8 / Section 9-197
Miss. Code Ann. § 51-9-197
Status: in_force

Whenever a public agency shall have executed a contract pursuant to this act and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's waterworks, water supply system, sewerage system or sewage disposal system or a combination of such systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rates charged by the public agency for the services of such system or systems, such that the revenues therefrom together with any taxes levied in support thereof will be sufficient at all times to pay: (a) the expense of operating and maintaining such system or systems including all of the public agency's obligations to the district, its successors or assigns under such contract; and (b) all of the public agency's obligations under and in connection with revenue bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such system or systems. Any such contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates are to be adjusted.
Miss. Code Ann. § 51-9-215 — MS Code / Title 51 / Chapter 9 / Section 9-215
Miss. Code Ann. § 51-9-215
Status: in_force

The district may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The district may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the collection facilities or treatment facilities the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such collection facilities or treatment facilities, fix, charge, collect, enforce and receive all revenues derived from such collection facilities or treatment facilities and perform the public duties and carry out the contracts and obligations of the district in the same manner as the district itself might do, all under the direction of such court.
Miss. Code Ann. § 51-31-113 — MS Code / Title 51 / Chapter 17 / Section 31-113
Miss. Code Ann. § 51-31-113
Status: in_force

The bonds, notes, or other objects of indebtedness issued under the provisions of Section 51-31-111 shall bear interest not exceeding 6% per annum and shall be non-taxable.
Miss. Code Ann. § 51-8-27 — MS Code / Title 51 / Chapter 5 / 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. § 51-9-111 — MS Code / Title 51 / Chapter 2 / Section 9-111
Miss. Code Ann. § 51-9-111
Status: in_force

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

If the court or chancellor finds that the notice or publication was not given as provided for in this article, it shall not thereby lose jurisdiction, but the court or chancellor shall order due publication or notice to be given and shall continue the hearing until such publication or notice shall be properly given, and the court or chancellor shall thereupon proceed as though publication or notice had been properly given in the first instance.
Miss. Code Ann. § 51-15-107 — MS Code / Title 51 / Chapter 2 / Section 15-107
Miss. Code Ann. § 51-15-107
Status: in_force

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

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

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

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

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

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

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

It shall not be necessary that any landowners in the counties or municipalities to be included in said proposed district be named in the petition, or be made parties defendant. The chancellor of the Chancery Court of Forrest County, Mississippi, shall have jurisdiction of the entire waterway district for the purposes of this article. Such jurisdiction may be exercised by the chancellor in term time or in vacation, as provided in this article.
Miss. Code Ann. § 51-17-13 — MS Code / Title 51 / Chapter 17 / Section 17-13
Miss. Code Ann. § 51-17-13
Status: in_force

Any municipality or county which is within the territorial limits of the district may advance funds to the district to pay the preliminary expenses of the district, including engineer's reports, organization, or administration expenses, on such terms of repayment as the governing body of such municipality or county shall determine. Notwithstanding the provision of any law to the contrary, any such municipality or county is authorized and empowered to borrow money for a period not to exceed one year from the date of such borrowing for the purpose of making such advances. The board of directors of the district is hereby authorized to repay any such advances from the monies of any funds possessed by the district.
Miss. Code Ann. § 51-9-131 — MS Code / Title 51 / Chapter 9 / Section 9-131
Miss. Code Ann. § 51-9-131
Status: in_force

In each county of the State of Mississippi which is part of the Pearl River Valley Water Supply District, beginning with the ad valorem tax assessment for the calendar year 1960, payable on or before February 1, 1961, and so long as any bonds issued hereunder are outstanding, the tax collector of said county shall pay into the depository selected by said water district for said purpose the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county, which may be collected by any other lawful taxing agency of said county and state and for said county, and the State of Mississippi shall continue to levy not less than two mills ad valorem taxes on each county in the district so long as any bonds issued pursuant to this article remain outstanding.
Miss. Code Ann. § 51-29-97 — MS Code / Title 51 / Chapter 25 / Section 29-97
Miss. Code Ann. § 51-29-97
Status: in_force

Within sixty (60) days after the end of the fiscal year following the organization of said drainage district, and annually thereafter, the commissioners shall prepare and retain a copy of a sworn statement of the financial condition of the district to cover the preceding fiscal year. The report shall contain, among other things, a statement of the cash on hand the first of the year for which the report is made, together with all other assets of the district; the total receipts of the preceding year; the disbursement for administration, for construction, for maintenance, for bonds redeemed, and for interest due on outstanding bonds, together with all other indebtedness of the district. The commissioners are further authorized and empowered to do any and all things incident to the management and affairs and business of the district.

The State Auditor of Public Accounts or his assistant may annually audit the books, financial report and expenditures of the commission in the same manner that such officer audits other boards and commissions; and the same powers and duties which such officer exercises or enjoys with respect to other boards and commissions shall be exercised and performed in the same manner in his audit of drainage district commissions. A fee of not exceeding Thirty Dollars ($30.00) per man hour for the time required to conduct each audit shall be paid by each drainage district audited under this section. All such fees shall be paid into the State Department of Audit Fund. Upon the recommendation of the Director of the State Department of Audit, the State Auditor shall appoint auditors on a temporary or permanent status to perform drainage district audits. The State Auditor shall not audit dormant districts which have no income or disbursements during any year.
Miss. Code Ann. § 51-29-81 — MS Code / Title 51 / Chapter 27 / Section 29-81
Miss. Code Ann. § 51-29-81
Status: in_force

All taxes levied under the terms of this chapter shall be payable at the same time the state and county taxes are payable. The tax collector shall place the same upon the tax receipt along with the state and county and other taxes, shall collect all of the taxes due on said land together, and shall not accept payment of any sum less than the entire aggregate amount of all state, county, drainage, and other taxes due upon said lands. Should said taxes, including the drainage taxes, be not paid at maturity, the tax collector shall sell said lands for all taxes due thereon, including drainage taxes, at the time and in the manner now provided for the sale of land for taxes due thereon to the state and county. Such sale shall be subject to the provisions of law for the sale of land for state and county taxes, and the owner of said land shall have the right to redeem from said sale as now provided by law.

When any lands situated in a drainage district are sold for nonpayment of taxes thereon, the drainage district in which same is situated may, in the discretion of its board of commissioners, appear at said sale and purchase said land in the name of the drainage district in the same manner as an individual, and in that event shall pay to the tax collector the amount of said purchase price out of the funds of the district.

If upon offering the land of any delinquent taxpayer constituting one tract, no person will bid for it the whole amount of taxes and all costs, the collector shall strike same off to the state in the same manner as provided for in case of sales for state and county taxes.

When any land shall be sold to the state for taxes due thereon and the same shall not be redeemed within the time provided by law, the same may be sold or contracted for sale by the land commissioner, in the manner provided for the sale and contract for sale of other tax forfeited lands.

Except as herein otherwise provided, the provisions of the law relative to the sale of delinquent land for taxes, the title thereto, and the handling and sale of lands sold to the state for taxes shall apply to all sales under this chapter.

When any drainage district shall have purchased lands at any tax sale under the terms of this chapter, the board of commissioners thereof, after the period of redemption has expired, may sell, lease, or rent the lands so purchased. The deed or lease shall be executed by the president and secretary of the board of commissioners under the seal of the district. But said lands shall not be sold for an amount less than the price paid therefor and all subsequently accrued state, county, drainage, and other taxes. However, the drainage commissioners with the consent of the bondholders may sell the lands of the drainage district for an amount less than the price paid therefor and all subsequently accrued state, county, drainage, and other taxes.

The drainage district shall pay all state and county and other taxes assessed against said land purchased by it at tax sales under the provisions of this chapter, and may pay the same out of any funds belonging to the district.

The chancery clerks of the counties in which are located drainage districts, or parts thereof, shall account to the commissioners of such drainage districts for money received in the redemption of lands sold for taxes belonging to such districts, in the same manner as for state and county taxes. Any lands sold for any drainage taxes may be redeemed in the same manner and within the same time as provided by law for the redemption of lands sold for state and county taxes upon the payment of all costs, five per centum damages on the amount of taxes for which the land was sold, and interest on all such taxes at the rate of one per centum per month or any fractional part thereof, from the date of such sale.

Lands purchased by the board of drainage commissioners of any drainage district at a tax sale and lands purchased by the board of drainage commissioners of any drainage district from the state shall be liable thereafter for state and county taxes levied and assessed against the same to the same extent as if owned by a natural person or a private corporation. And it shall be the duty of the tax assessor to assess said lands for taxes in the same manner as other lands are assessed; and if the taxes are not paid when due, such lands shall be sold by the tax collector for the delinquent taxes due and unpaid at the time and in the manner provided by law.
Miss. Code Ann. § 51-29-139 — MS Code / Title 51 / Chapter 29 / Section 29-139
Miss. Code Ann. § 51-29-139
Status: in_force

Nothing contained in Sections 51-29-131 through 51-29-143 shall be construed as preventing the inclusion, in the boundaries of the drainage district to be extended, of any lands embraced in any other existing drainage district. Any such lands shall be and remain liable to the drainage district in which such land is located for assessments for benefits thereafter levied, by the new district as extended, if any benefits are received by them; and in like manner shall receive credit for any work done, or improvements made, which will benefit the land added to the drainage district as extended.
Miss. Code Ann. § 51-7-35 — MS Code / Title 51 / Chapter 2 / Section 7-35
Miss. Code Ann. § 51-7-35
Status: in_force

(1) After the organization of a master water management district, no additional drainage or water management districts shall be organized so as to include any of the area within the boundaries of the master water management district, except with the consent of the master water management district.

(2) Existing drainage or water management districts are hereby authorized to petition the chancery court and, with its approval and the consent of the master water management district, to convey without consideration to the master water management district lands, easements, or rights of way that are to be used by the master water management district for any of the purposes of such district upon the condition that the master water management district assumes the responsibility for maintaining the works of improvement on such lands, easements, or rights of way. Such existing districts are further authorized to petition the chancery court and, upon its approval and with the consent of the master water management district, to transfer to the master water management district the responsibility for operation and maintenance of any pre-existing works of improvement that are not included in the plans for the project under said Public Law 566, or other law of the United States.

(3) Financial obligations of existing drainage or water management districts shall not be affected or impaired by the creation of a master water management district or by the transfer to such district by any drainage or water management district of lands, easements, or rights of way as herein provided; nor shall any liens upon the lands of any drainage or water management district be impaired by the creation of any master water management district.

(4) Powers of existing drainage or water management districts shall not be affected by the creation of any master water management district, except with respect to works of improvement included in the plans for the project under said Public Law 566, or other law of the United States.
Miss. Code Ann. § 51-9-201 — MS Code / Title 51 / Chapter 3 / Section 9-201
Miss. Code Ann. § 51-9-201
Status: in_force

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

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

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

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

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

(6) The district shall plan any construction of any such waterworks or water supply system, shall enter into such contracts and shall arrange such financing as to assure that the district shall receive in payment under such contracts revenues sufficient to defray all direct and indirect costs, whether administrative, operational or otherwise, of administering, operating and maintaining such waterworks and water supply system, to pay interest and principal (whether at maturity or upon sinking fund redemption) on bonds of the district issued pursuant to this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, and to fulfill requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the district issued pursuant to this act. To that end, the district may not expend money, including taxes levied pursuant to Section 51-9-131, Mississippi Code of 1972 , for construction, operation or maintenance of any waterworks or water supply system authorized, acquired, constructed or improved under this act in excess of the revenues received by the district pursuant to contracts authorized by this act or otherwise available from the operation of such waterworks or water supply system.
Miss. Code Ann. § 51-9-11 — MS Code / Title 51 / Chapter 4 / 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. § 51-29-63 — MS Code / Title 51 / Chapter 25 / Section 29-63
Miss. Code Ann. § 51-29-63
Status: in_force

For the purpose of constructing and maintaining the ditches and other improvements provided for under this chapter, for carrying out the purposes and provisions of this chapter, and for paying for the work incident thereto, the said board of commissioners shall have power to borrow money and to issue its negotiable evidence of indebtedness or serial bonds therefor, not exceeding in amount the total amount of benefits assessed against all the real property in the district. Such bonds shall be in such sums and denominations of not less than one hundred dollars ($100.00) each as the said board of commissioners may prescribe, shall each be signed by the members of the said board of commissioners and bear the seal of its drainage district, and shall be made payable, either within or without the limits of this state, to the person or persons to whom sold, or bearer, or bearer simply, at the discretion of said board. No bond issued under the terms of this chapter shall run for more than thirty (30) years; and said bonds may be made to mature serially in such numbers as the board may elect, so that a portion thereof may mature each year as the assessments are collected. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101 , for which interest coupons may be attached, payable at such time and place as the board may contract, which interest coupons shall bear the facsimile signature of each member of the board of commissioners lithographed thereon. The said bonds may be sold or negotiated in any market in or out of the state at not less than their par value, provided, however, that the cost of lithographing or printing and the necessary expenses of selling said bonds may be incurred.

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. § 51-7-39 — MS Code / Title 51 / Chapter 1 / Section 7-39
Miss. Code Ann. § 51-7-39
Status: in_force

No member of any board of commissioners of any master water management district shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.
Miss. Code Ann. § 51-31-79 — MS Code / Title 51 / Chapter 31 / Section 31-79
Miss. Code Ann. § 51-31-79
Status: in_force

Where the lands of any drainage district lie in two or more counties of this state, the county drainage commissioners of the county in which the greatest or greater number of acres of land lies, and in which the suit is brought for the organization of the drainage district, shall have jurisdiction as county drainage commissioners under the chancellor or chancery court of the entire drainage district the same as if the entire drainage district lay in the county of their selection. In reporting to the board of supervisors levies of taxes to be made by the board for the payment of bonds and other obligations of the district, the county drainage commissioners having jurisdiction over such drainage district shall make report to the board of supervisors of each county in which any of the lands of the drainage district lie, showing all the lands and assessments thereon lying in such county. The board of supervisors of the county in which such lands lie shall make the required levies, and the tax collectors of the counties in which the lands lie shall collect the taxes thus levied and account to the treasurer of the drainage district therefor, as in other cases.
Miss. Code Ann. § 51-3-43 — MS Code / Title 51 / Chapter 3 / Section 3-43
Miss. Code Ann. § 51-3-43
Status: in_force

Any member of the board, the commission or any person authorized by either shall have the right to enter upon private or public lands for the purpose of inspecting waterworks, making surveys or conducting tests or examinations necessary for the gathering of information on water resources or uses, subject to responsibility for any damage done to property entered.
Miss. Code Ann. § 51-7-7 — MS Code / Title 51 / Chapter 1 / Section 7-7
Miss. Code Ann. § 51-7-7
Status: in_force

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

A master water management district may be reduced in the same manner, by petition signed by its members and publication as provided for by Section 51-7-11 .
Miss. Code Ann. § 51-31-91 — MS Code / Title 51 / Chapter 25 / Section 31-91
Miss. Code Ann. § 51-31-91
Status: in_force

When it shall become necessary, in the course of the construction of the work being done by the drainage commissioners, to pass through said right of way in the manner and according to plans theretofore filed as above provided, it shall be the duty of the drainage commissioners to give notice in writing to said railroad company of its desire to cross said right of way with its construction work on some approximate date, which shall not be less than sixty days from the date of such notice. Said notice shall be served upon any agent or employee of said railroad company upon whom, under the laws of the state, service of process may be had; and the commissioners shall at the same time pay or tender to said railroad company such costs and damages as may have been adjudged against the drainage district, as hereinbefore provided. It shall thereupon be the duty of the railroad company within a reasonable time to complete such construction work across its right of way, according to the aforesaid plans and specifications under the supervision of the engineer employed by said drainage commissioners, or to permit same to be done by the drainage commissioners. Should the railroad company fail, neglect, or refuse to do and perform in good faith said work within the time fixed by said drainage commissioners for the performance thereof, or to permit same to be done, it shall be liable to the drainage district and all persons for any damage it or they may sustain by reason of such failure, and said railroad company may be compelled to perform such work by mandatory injunction issued at the instance of the drainage commissioners. This section shall not be so construed as to prohibit the drainage commissioners from acquiring such right of way by the regular eminent domain proceeding if they so elect, or as otherwise provided in this chapter.
Miss. Code Ann. § 51-31-97 — MS Code / Title 51 / Chapter 26 / Section 31-97
Miss. Code Ann. § 51-31-97
Status: in_force

If the owner or owners of any lands lying outside of a drainage district have made or shall hereafter make connection with the main ditch or drain or with any branch or lateral ditch or drain within the district, or if any such land is drained into the ditches and drains of a drainage district by ditches or drains constructed either before or after the organization of such drainage district, and if in either case the lands outside of such drainage district are benefited by the work done in such drainage district, the owner or owners shall be deemed to have made voluntary application to be included in such drainage district. Thereupon, the commissioners shall make a complaint in writing, stating the description of such land or lands benefited, the amount of benefits, the name of the owner or owners thereof, and the description of the drain or ditch making connection with the ditches as near as may be, and file said complaint in the chancery court where said district was organized. Said court or chancellor in vacation shall fix a day, not less than twenty-five days from the filing of the petition, when it shall hear such complaint; and thereupon the clerk of said court shall give each of the landowners notice of said proceedings by mailing each of them notice of said complaint to their post-office addresses not less than ten days prior to the date for said hearing, or personal service may be served on each of them as provided in ordinary suits not less than five days prior to the date of the hearing. On the hearing of the complaint and the issues joined, if any, if the court or chancellor finds the allegations in the complaint true, it shall decree that such lands, or such parts thereof as are benefited, be joined to said district petitioning. Such lands shall thereafter be a part of said petitioning district lands and shall be assessed and dealt with accordingly. Benefits, damages, and assessments may thereafter be made against such added lands on the same notice and under the same proceedings as against lands in the district originally, and said added lands shall be made to appear on the assessment rolls of the district as other lands of the district.
Miss. Code Ann. § 51-9-211 — MS Code / Title 51 / Chapter 8 / Section 9-211
Miss. Code Ann. § 51-9-211
Status: in_force

Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, a debt, liability or obligation of the state, nor shall such bonds constitute a pledge of the full faith and credit of the state or of the district, but shall be payable solely from the revenues or assets of the district pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that the district shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the full faith and credit nor the taxing power of the state or the district is pledged to the payment of the principal of or the interest on such bonds.
Miss. Code Ann. § 51-31-17 — MS Code / Title 51 / Chapter 31 / Section 31-17
Miss. Code Ann. § 51-31-17
Status: in_force

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

It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.
Miss. Code Ann. § 51-9-131 — MS Code / Title 51 / Chapter 5 / Section 9-131
Miss. Code Ann. § 51-9-131
Status: in_force

In each county of the State of Mississippi which is part of the Pearl River Valley Water Supply District, beginning with the ad valorem tax assessment for the calendar year 1960, payable on or before February 1, 1961, and so long as any bonds issued hereunder are outstanding, the tax collector of said county shall pay into the depository selected by said water district for said purpose the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county, which may be collected by any other lawful taxing agency of said county and state and for said county, and the State of Mississippi shall continue to levy not less than two mills ad valorem taxes on each county in the district so long as any bonds issued pursuant to this article remain outstanding.
Miss. Code Ann. § 51-8-63 — MS Code / Title 51 / Chapter 8 / Section 8-63
Miss. Code Ann. § 51-8-63
Status: in_force

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

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

(3) No petition shall be finally and unconditionally granted until the district has submitted to the commission a water management plan for the district that meets the criteria set forth by the commission. Upon submission of a district water management plan and the satisfactory completion of any other requirements, the commission may finally and unconditionally approve the district's petition and grant the district joint water management district status.
Miss. Code Ann. § 51-29-131 — MS Code / Title 51 / Chapter 27 / Section 29-131
Miss. Code Ann. § 51-29-131
Status: in_force

If ten per cent of the landowners owning lands adjoining or adjacent to any existing district operating under the provisions of this chapter shall petition the chancery court to extend the boundaries of any such existing district, describing generally the region which it is intended shall be embraced within the boundaries of such drainage district as extended, it shall be the duty of the chancery court, or chancellor in vacation, to enter an order directing the commissioners of such drainage district to forthwith proceed to cause a survey to be made, and to ascertain the limits of the region which will be benefited by the proposed system of improvements, giving a general idea of its character and the cost of drainage and other improvements necessary and making such suggestions as to the size of the drainage ditches and their location and of levees, dams, and pumping stations, if any of such be necessary, to properly drain and protect said territory, or if the commissioners may deem such levees, dams, pumping stations, or any or either of them advisable, and to file their reports with the clerk of the chancery court. All expenses of making such survey, preparing the plans and estimates of the costs of the improvements, costs of publication, attorneys' fees, and other necessary expenses shall be paid as the work progresses by the existing drainage district to which the land and territory is proposed to be added, or by the board of supervisors as the court or chancellor may order. All such expenses shall be repaid out of the first money received from taxes upon the additional lands embraced in such drainage district, or from the sale of bonds from the district as extended, if that be done; but if that be not done, then the board of supervisors shall levy an ad valorem tax upon the land which it was proposed to add to such existing drainage district to repay the costs advanced by such existing drainage district or the board of supervisors, as the case may be.
Miss. Code Ann. § 51-13-139 — MS Code / Title 51 / Chapter 13 / Section 13-139
Miss. Code Ann. § 51-13-139
Status: in_force

All bonds of the district are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employees' Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Miss. Code Ann. § 51-9-103 — MS Code / Title 51 / Chapter 8 / Section 9-103
Miss. Code Ann. § 51-9-103
Status: in_force

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

The creation of the Pearl River Valley Water Supply District is determined to be necessary and essential to the accomplishment of the aforesaid purposes, and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes herein set forth, this being a remedial law.
Miss. Code Ann. § 51-29-19 — MS Code / Title 51 / Chapter 26 / Section 29-19
Miss. Code Ann. § 51-29-19
Status: in_force

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

Upon their qualification, the board of commissioners shall prepare plans for the improvement within the district, as prayed for in the petition, and shall procure estimates from a competent engineer or engineers as to the cost thereof. For that purpose, the board of commissioners may employ such engineers and other agents as may be needful, such engineer to give bond in the sum of at least one thousand dollars ($1,000.00), payable to the drainage district and conditioned for the faithful performance of the duties required of the engineer, which bond shall be approved by the board of commissioners, or the president. Said board of commissioners may employ the services of an attorney or a firm of attorneys as may be needed in the prosecution of the work for which the drainage district is organized, may employ such other agents as may be needed, may purchase such material and supplies, and pay for such publications and printing necessary or incidental in the prosecution of the work. Said board of commissioners shall provide for reasonable compensation to the engineer or engineers, attorneys, and other agents, and for the cost of such material, supplies, publications, and printing, and the same shall be taken as a part of the costs of the improvements; or said board of commissioners may borrow money necessary to pay for the services of the engineer or engineers, attorneys, and other agents, and for the cost of such material, supplies, publications, and printing, at a rate of interest not exceeding six per cent, per annum, and may execute a note or notes or other evidences of indebtedness therefor and may renew the same as may be necessary, and the money borrowed for such purposes shall be taken as a part of the costs of the improvements.
Miss. Code Ann. § 51-31-119 — MS Code / Title 51 / Chapter 29 / Section 31-119
Miss. Code Ann. § 51-31-119
Status: in_force

When one third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage of real property within a proposed subdrainage district, composed of lands wholly within a drainage district or partly within and partly without such drainage district, shall petition the chancery court, or chancellor in vacation, and shall file a good bond to pay for the expense of the survey of the proposed subdrainage district in case the district is not formed, the said court or the chancellor in vacation shall enter an order directing the drainage commissioners of the county to cause a survey to be made and to ascertain the limits of the region which would be benefited by a proposed system of improvements, giving a general idea of its character, and the estimated costs of drainage, and making such suggestions as to the size of the drainage ditches and their location as the drainage commissioners may deem advisable. They shall file their report with the clerk of the chancery court of the county in which the greater portion of the territory proposed to be included in said subdrainage district is situate.
Miss. Code Ann. § 51-8-31 — MS Code / Title 51 / Chapter 3 / Section 8-31
Miss. Code Ann. § 51-8-31
Status: in_force

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

(a) To sue and be sued;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) To secure connection to or participation in the services provided by the district, including the power to obtain mandatory or prohibitory injunctive relief; provided, however, that the authority of the board of commissioners shall not be exercised in conflict with the regulatory and enforcement authority of the Commission on Natural Resources.
Miss. Code Ann. § 51-31-61 — MS Code / Title 51 / Chapter 31 / Section 31-61
Miss. Code Ann. § 51-31-61
Status: in_force

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

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the registered bond act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 51-35-315 — MS Code / Title 51 / Chapter 35 / Section 35-315
Miss. Code Ann. § 51-35-315
Status: in_force

The said district through its board of directors is hereby empowered:

(a) To impound, divert, change, alter, or otherwise control overflow water and the surface water of any river or its tributaries within the project area within or without such district at such place or places and in such amount by the diversion of rivers or their tributaries, by the construction of a dam or dams, a levee or levees, a channel or channels, reservoir or reservoirs, works, pumps, plants, and any other necessary or useful related facilities contemplated or described as a part of the project within or without the district. The district is also empowered to construct or otherwise acquire within the project area all works, plants, or other facilities necessary or useful to the project for the purpose of carrying out the provisions of this article.

(b) To cooperate with the United States of America in the construction of flood and drainage control improvements, for the protection of property, controlling floods, reclaiming overflow lands, and preventing overflows in this state; and for the purpose of operating and maintaining dams, reservoirs, channels, levees, pumps, and other flood control works and improvements which may be constructed by the United States of America or any department or agency thereof.

(c) When said project, or any part thereof, is to be constructed by the United States of America or any agency or department thereof, to furnish, without cost to the United States of America, all lands, easements, and rights-of-way necessary for the construction of the project or any part thereof; to hold and save the United States free from damages due to said construction; to make, without cost to the United States, any changes, alterations, or relocation of any public utilities, roads, highways, bridges, buildings, or local betterment made necessary by the work; to provide assurances to the United States of America that encroachment on the levees, improved channels, and pond areas will not be permitted; to maintain and operate the improvements after completion thereof in accordance with regulations prescribed by the United States of America or any agency or department thereof; to contribute in cash to the United States of America, or any agency or department thereof, such sums of money as shall be required by the United States of America, or any agency or department thereof, as a condition for the construction of any improvements by the United States or any agency or department thereof; and generally, without being limited by any of the above, to carry out and faithfully perform any obligations cast upon the district as a condition to the construction of any flood control work, project, or improvements by the United States of America, or any agency or department thereof, and to give assurances to the United States of America that the district will so do.

(d) To construct, acquire, and develop all facilities within the project area deemed necessary or useful with respect thereto.

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

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

(g) To acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest therein within the project area, within or without the boundaries of the district, necessary for the project and the exercise of the powers, rights, privileges, and functions conferred upon the district by this article, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone, or telegraph companies. For the purposes of carrying out this article, the right of eminent domain of such district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power, and other companies or corporations, and shall be sufficient to enable the acquisition of county roads, state highways, or other public property in the project area, and the acquisition, or relocation, of the above-mentioned utility property in the project area.

The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the board of directors; and their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of such board in making such determination. However,

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

2. No person or persons owning the mining rights, drilling rights, or the right to share in production shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress, egress, pipelines, and other means of transporting such products by reason of the inclusion of such lands or mineral interests within the project area, whether below or above the waterline, but any such activities shall be under such reasonable regulations and limitations by the board of directors as will adequately protect and reduce the impacts to the project; and

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

(h) To require the necessary relocation of bridges, roads, and highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipelines and mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation. It is further provided that the district is hereby authorized to acquire easements or rights-of-way in or outside of the project area for the relocation of such road, highway, railroad, telephone, and telegraph lines and properties, electrical power lines, gas pipelines and mains and facilities, and to convey the same to the owners thereof in connection with such relocation as a part of the construction of the project.

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

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

(k) To sue and to be sued in its corporate name and shall be considered a political subdivision pursuant to Section 11-46-1 .

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

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

(n) To employ engineers, attorneys, fiscal agents, advisors, and all necessary agents and employees to properly finance, construct, operate, and maintain the project and the plants and facilities of the district and carry out the provisions of this article, and to pay reasonable compensation for such services.

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

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

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

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

(s) To make such contracts in the issuance of bonds as may be necessary to insure the marketability thereof.

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

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

(v) To make such changes in location of levees, channels, drains, or related facilities, or other changes, alterations, or modifications in the plan filed with the petition creating the district, which may be necessary for the accomplishment of the general purposes of the district.

(w) In the event the board of directors of the district determines that it would meet a public necessity and would be conducive to the public welfare to vary, alter, enlarge, diminish, or otherwise change the areas included in the district for the purpose of carrying out any of the purposes contemplated by this article, the board of directors of the district may at any time file a petition in the chancery court of the county having jurisdiction of the district, setting forth the reasons for said change in said area, and the chancery court or the chancellor in vacation shall have the power and jurisdiction to vary, alter, enlarge, diminish, or otherwise change said area included in the district under the procedure set forth in Sections 51-35-309 through 51-35-313 . However, such action by the chancery court or the chancellor in vacation shall not affect or impair any financial obligations of said district as they existed prior to such action, nor shall any liens or rights of any bondholders upon the lands included in the district be impaired by such action.

(x) All equipment, supplies, heavy equipment, contracts on lease-purchase agreements, and office supplies shall be purchased pursuant to state purchasing law.
Miss. Code Ann. § 51-41-11 — MS Code / Title 51 / Chapter 37 / 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. § 51-31-105 — MS Code / Title 51 / Chapter 25 / 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. § 51-29-21 — MS Code / Title 51 / Chapter 25 / Section 29-21
Miss. Code Ann. § 51-29-21
Status: in_force

Such plans and specifications shall show not merely the location, width, and depth of the ditches, but also the work to be done in removing obstructions from water courses, the building of pumping stations, dams, flumes, floodgates, fences to protect the district, and such levees as may be necessary to protect the land from overflow. Whenever federal financial or other assistance is furnished in connection with the planning or construction of the proposed improvements, such plans and specifications shall be detailed only to the extent required by the federal department or agency responsible for furnishing such assistance.
Miss. Code Ann. § 51-9-133 — MS Code / Title 51 / Chapter 8 / Section 9-133
Miss. Code Ann. § 51-9-133
Status: in_force

The board of directors of the district is hereby authorized and empowered to issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related facilities, and including all financing and financial advisory charges, interest during construction, engineering, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by this article. Said board of directors is authorized and empowered to issue such bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Section 51-9-137 . All such bonds so issued by said district shall be secured solely by a pledge of the net revenues which may now or hereafter come to the district, by the pledge of the avails of the two mill ad valorem tax levy provided for in Section 51-9-131 , and by the pledge of the special tax levy of two mills provided for in Section 51-9-139 ; and such bonds shall not constitute general obligations of the State of Mississippi or of the counties comprising said district, and shall not be secured by a pledge of the full faith, credit, and resources of said state or of said counties. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this article shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, moneys, and all other funds coming into the possession of the district by virtue of the provisions of this article, except the proceeds from the sale of bonds issued hereunder. “Net revenues” as used in this article shall mean the revenues after payment of costs and expenses of operation and maintenance of the project and related facilities.
Miss. Code Ann. § 51-29-135 — MS Code / Title 51 / Chapter 26 / Section 29-135
Miss. Code Ann. § 51-29-135
Status: in_force

If the majority of the landowners owning one third of the acreage of the lands or one third of the landowners owning a majority in acreage of the lands proposed to be added to the existing drainage district shall petition the chancery court of any county in which any part of the land lies to extend the boundaries of the existing drainage district so as to embrace and include their lands, proceedings shall be held in all respects in conformity with the provisions of this chapter.
Miss. Code Ann. § 51-25-8 — MS Code / Title 51 / Chapter 17 / Section 25-8
Miss. Code Ann. § 51-25-8
Status: in_force

This chapter shall be considered supplemental and additional to any and all other laws and confers sufficient authority in and of itself for the purposes set forth herein.
Miss. Code Ann. § 51-29-95 — MS Code / Title 51 / Chapter 17 / 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. § 51-29-55 — MS Code / Title 51 / Chapter 26 / 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. § 51-29-105 — MS Code / Title 51 / Chapter 27 / Section 29-105
Miss. Code Ann. § 51-29-105
Status: in_force

This chapter shall be liberally construed to promote the ditching, drainage, and reclamation of wet, swampy, and overflowed lands. The collection of assessments hereunder shall not be defeated by reason of any omission, imperfection, or defect in the organization of any district or in the proceedings occurring prior to the judgment of the court confirming assessment of benefits and damages; but said judgment shall be conclusive that all prior proceedings were regular and according to law. In case any assessment shall be held to be void for want of notice, the said commissioners may, upon motion, be permitted to give such owner due notice and ask for a time to be set by the chancery court, or chancellor in vacation, for hearing any and all objections that said landowner may have to such proceedings and the assessment. The chancery court, or chancellor in vacation, at such time may make such orders in reference thereto as justice may require, and may assess such landowner his just proportion of the benefits received by him by such proposed work or the damages suffered by him by such proposed work; and thereupon such assessment as to such land shall be binding and conclusive.
Miss. Code Ann. § 51-41-7 — MS Code / Title 51 / Chapter 41 / 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. § 51-13-121 — MS Code / Title 51 / Chapter 2 / Section 13-121
Miss. Code Ann. § 51-13-121
Status: in_force

In each county of the State of Mississippi which is part of the Tombigbee River Valley Water Management District, beginning with the ad valorem tax assessment for the calendar year 1964, payable on or before February 1, 1965, and so long as any bonds issued hereunder and other obligations are outstanding, the tax collector of said county shall pay into the depository selected by said water district for said purpose the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county, which may be collected by any lawful taxing agency of said county and state and for said county and the State of Mississippi shall continue to levy not less than two mills ad valorem taxes on each county in the district so long as any obligations or bonds issued pursuant to this article remain outstanding.
Miss. Code Ann. § 51-8-9 — MS Code / Title 51 / Chapter 8 / Section 8-9
Miss. Code Ann. § 51-8-9
Status: in_force

After the public hearing required by Section 51-8-7 and upon full consideration of all matters and facts presented at such hearing, each such local governmental unit shall make a finding that the public convenience and necessity requires the creation of the district and that the creation of the district is economically sound and feasible.
Miss. Code Ann. § 51-8-65 — MS Code / Title 51 / Chapter 4 / Section 8-65
Miss. Code Ann. § 51-8-65
Status: in_force

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

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

(3) In its consideration of the consistency of a project, grant or loan with a district's water management plan, the department, permit board or other agency shall notify the affected water management district of the request for a permit, grant or loan and give the district a reasonable time, but not less than ten (10) days nor more than thirty (30) days, to respond to the request.
Miss. Code Ann. § 51-9-149 — MS Code / Title 51 / Chapter 1 / Section 9-149
Miss. Code Ann. § 51-9-149
Status: in_force

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

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

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

(4) If no applications acceptable to the board are received by the time stated in the notice, the board shall designate some qualified state depository or depositories within or without the district upon such terms and conditions as it may find advantageous to the district. Any such designated depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for state funds.
Miss. Code Ann. § 51-4-21.1 — MS Code / Title 51 / Chapter 3 / Section 4-21.1
Miss. Code Ann. § 51-4-21.1
Status: in_force

In accordance with Section 51-4-7 , Tangipahoa River in Pike County beginning at U.S. Highway 51 and extending to the Mississippi-Louisiana state line is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-4-23.7 — MS Code / Title 51 / Chapter 4 / 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. § 51-31-13 — MS Code / Title 51 / Chapter 31 / 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. § 51-35-305 — MS Code / Title 51 / Chapter 35 / Section 35-305
Miss. Code Ann. § 51-35-305
Status: in_force

Flood and drainage control districts may now or hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided, whenever any part of such district lies wholly or partially in or adjacent to any part of a municipality having a population of ten thousand (10,000) or more inhabitants at the time of the filing of the petition to create such district. For the purposes of determining population of any municipality, the last completed census prior to the filing of such petition shall be presumed to be the population of such municipality at the time of the filing of such petition. Each flood and drainage control district shall be an agency of the state and a body politic and corporate, and may be composed of one or more entire municipalities or a part or parts thereof, one or more entire counties or a part or parts thereof, or any combination of counties and municipalities or a part or parts thereof.
Miss. Code Ann. § 51-9-205 — MS Code / Title 51 / Chapter 5 / Section 9-205
Miss. Code Ann. § 51-9-205
Status: in_force

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

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

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

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

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

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

(7) Whenever any bonds shall have been signed by the officer(s) designated by the resolution of the district to sign the bonds who were in office at the time of such signing but who may have ceased to be such officer(s) prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the manual or facsimile signatures of such officer(s) upon such bonds shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially executing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
Miss. Code Ann. § 51-29-33 — MS Code / Title 51 / Chapter 25 / Section 29-33
Miss. Code Ann. § 51-29-33
Status: in_force

At the time designated in said notice the court, or chancellor in vacation, shall consider said complaint or objection and enter its or his findings thereon, either confirming such assessment or increasing or diminishing the same; and its or his findings shall be final and have the force and effect of a judgment from which an 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.

The assessment roll so prepared and filed by the commissioners, when approved by the chancery court, or chancellor in vacation, shall stand as a final assessment of benefits and damages upon the lands of the said district and no new assessment roll shall be required unless, in the opinion of the commissioners, it becomes necessary to raise the assessment of benefits to such lands because of additional benefits to the lands other than these assessed or because it becomes absolutely necessary in order to raise funds to preserve and maintain the improvements of the district.
Miss. Code Ann. § 51-31-15 — MS Code / Title 51 / Chapter 31 / Section 31-15
Miss. Code Ann. § 51-31-15
Status: in_force

A majority of the commissioners shall constitute a quorum, and the concurrence of a majority of their number in any matter within their duties and authority under this chapter shall be sufficient to bind the said board.
Miss. Code Ann. § 51-39-3 — MS Code / Title 51 / Chapter 35 / Section 39-3
Miss. Code Ann. § 51-39-3
Status: in_force

The Legislature hereby finds and declares that:

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

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

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

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

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

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

(g) There is a need to foster cooperation among local governments in addressing concerns resulting from storm water management, therefore it is necessary and desirable to authorize the creation of storm water management districts by counties and municipalities to plan for, design, acquire, construct, operate and maintain appropriate measures for management of storm water.
Miss. Code Ann. § 51-26-1 — MS Code / Title 51 / Chapter 26 / Section 26-1
Miss. Code Ann. § 51-26-1
Status: in_force

(1) There is hereby created the Tallahatchie River Authority composed of the geographic boundaries of the following counties that the Tallahatchie River or Little Tallahatchie River traverse or border in the State of Mississippi, subject to the board of supervisors of a county voting and spreading on its minutes the decision to participate in the authority: Leflore, Tallahatchie, Quitman, Panola, Lafayette, Marshall, Union and Tippah. The authority shall be governed by a board of directors consisting of one (1) member appointed by the board of supervisors of each of the counties eligible and whose board of supervisors chooses to participate. Board members shall be appointed by the appointing authorities within sixty (60) days after July 1, 2022.

(2) The boards of supervisors of the counties of Leflore and Tallahatchie shall each appoint a member from their respective counties for an initial term of one (1) year; the boards of supervisors of the counties of Quitman and Panola shall each appoint a member from their respective counties for an initial term of two (2) years; the boards of supervisors of the counties of Lafayette and Marshall shall each appoint a member from their respective counties for an initial term of three (3) years; and the boards of supervisors of the counties of Union and Tippah shall each appoint a member from their respective counties for an initial term of four (4) years. All appointments made after the initial appointments shall be for terms of four (4) years each from the expiration of the previous term, or until a successor is appointed and qualifies.

(3) Board members shall serve without pay. Upon appointment the members shall meet and organize at Charleston, Mississippi, set a regular time and place for the meetings of the authority, and secure offices and all necessary equipment therefor. A full-time executive director may be appointed by the board if the board deems the appointment advisable, and, if a director is appointed, he or she shall be full-time and shall serve at the pleasure of the board. The salary of a director may be paid out of such funds as may be available to the authority or from any source.
Miss. Code Ann. § 51-11-103 — MS Code / Title 51 / Chapter 4 / Section 11-103
Miss. Code Ann. § 51-11-103
Status: in_force

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

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

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

(4) The liability of a county for any financial obligations or indebtedness to the district occurring or accruing before the dissolution of the district, including, but not limited to, the responsibility for paying its portion of any district bonds and other contractual obligations, and making annual payments to the district as set forth in Section 51-11-31 , shall continue in existence after the district is dissolved and shall be payable by the county to the department. The department is authorized to take such actions as necessary to collect any financial obligations of a county to the district that are still outstanding after the district is dissolved.
Miss. Code Ann. § 51-29-163 — MS Code / Title 51 / Chapter 17 / 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.