Miss. Code Ann. § 51-9-122.1 — MS Code / Title 51 / Chapter 4 / Section 9-122.1
Miss. Code Ann. § 51-9-122.1
Status: in_force

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

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

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

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

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

(5) In the event a lessee has not obtained a new lease pursuant to the provisions of this section, any preemptive right of the lessee to lease the property shall be extinguished upon expiration of the lease, and, at the direction of the district, the lessee shall remove all improvements and other structures on the property immediately upon termination of the lease.
Miss. Code Ann. § 51-9-191 — MS Code / Title 51 / Chapter 9 / Section 9-191
Miss. Code Ann. § 51-9-191
Status: in_force

Words and phrases used in this article shall have meanings as follows:

(a) “Act” means the Metropolitan Area Water Supply Act (this article) as originally enacted or hereafter amended.

(b) “Board of directors” means the board of directors of the district.

(c) “Bonds” means revenue bonds, interim notes (having a maturity of three (3) years or less) and other certificates of indebtedness of the district issued under this act.

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

(e) “Person” means and includes the State of Mississippi, any city, town, county, political subdivision or public agency of the state or of the United States of America, and any corporation, individual, partnership, association, firm, trust estate or any other entity whatsoever.

(f) “Public agency” means any city, town, public agency or political subdivision of the state authorized by law to supply water to persons within the geographical boundaries of such city, town, public agency or political subdivision.

(g) “Water supply system” means pipelines, conduits, pumping stations and all other structures, devices and appliances appurtenant thereto, including land and right-of-way thereto, for use in transporting water to public agencies, with respect to the district, or to a point of ultimate use with respect to any other public agency.

(h) “Waterworks” means, with respect to the district, all works, plants or other facilities, including open channels, necessary for the purpose of collecting, storing, treating and transporting water to public agencies and means, with respect to any other public agency, all works, plants or other facilities necessary for the purpose of collecting, storing, treating and transporting water to persons for municipal, commercial, domestic, industrial, agricultural or manufacturing purposes.
Miss. Code Ann. § 51-35-347 — MS Code / Title 51 / Chapter 35 / Section 35-347
Miss. Code Ann. § 51-35-347
Status: in_force

The district shall have authority to act jointly with political subdivisions of the state, its agencies, and commissions and instrumentalities thereof, with other states, with municipalities, with the United States of America, and agencies, departments, and instrumentalities thereof, in the performance of the purposes and services authorized in this article, upon such terms as may be agreed upon by the directors.
Miss. Code Ann. § 51-31-81 — MS Code / Title 51 / Chapter 25 / Section 31-81
Miss. Code Ann. § 51-31-81
Status: in_force

At the end of the fiscal year after the organization of said drainage district and annually thereafter, the said commissioners shall make a report showing the amount of money levied for main district purposes, the amount of orders issued, the purposes for which issued, to whom payable, the amount of money on hand, and the amounts levied and expended for each and every subdistrict or lateral drain laid out and established by them. If at any time it shall appear that there is not sufficient funds to pay for any work done or contemplated, the commissioners may make a levy for the amount required to finish paying for the work already done or to perform the contemplated work; if any landowner shall feel aggrieved at any such assessments, he may have the right to appear in said court and file his objections to such additional levies for repairs and improvements, and the court shall hear and determine the same as justice and equity shall require.
Miss. Code Ann. § 51-7-9 — MS Code / Title 51 / Chapter 5 / Section 7-9
Miss. Code Ann. § 51-7-9
Status: in_force

A petition for creation of a master water management district shall set forth the proposed name of the district, the necessity for the district, and a general description of the region intended to be embraced therein; and it shall pray for the organization of the district by the name proposed.
Miss. Code Ann. § 51-7-13 — MS Code / Title 51 / Chapter 4 / Section 7-13
Miss. Code Ann. § 51-7-13
Status: in_force

If the chancery court determines that any objections filed are not sufficient to defeat the organization of the district, and if it be determined by the chancery court to proceed with the organization of the proposed district, the chancery court shall enter an order appointing at least five commissioners who, as the board of commissioners of said master water management district, shall be its governing body. Each of said commissioners shall be a qualified elector of this state and a landowner in the territory proposed to be included in said district, and there shall be at least one such commissioner who is a landowner within each drainage district or water management district having territory in such master water management district and at least one who is a landowner within the territory to be included in such master water management district which is not within an existing drainage or water management district.

The term of office of commissioners of a master water management district shall be four years, except that in making the first appointments the chancery court shall appoint at least three commissioners for terms of one, two, and three years respectively, in order that the terms of all commissioners shall not expire at once; and each commissioner shall serve for the term for which he is appointed and until his successor has been appointed and has qualified. Subsequent appointments and appointments to fill vacancies in office shall be made by the chancery court in the court district of original jurisdiction in the creation of the master water management district. If a majority of the landowners in any such district or proposed district by number petition the court for the appointment of any particular qualified person, such person shall be appointed by the court, provided the requirements of the first paragraph of this section are fulfilled.

The commissioners shall take the oath of office required by section 268 of article 14 of the constitution of the state and shall give bond in the penalty of not less than five thousand dollars ($5,000.00) payable to the state for the use and benefit of the master water management district, such bond to be filed with and approved by the chancery clerk of the county in which the petition was filed. The commissioners shall immediately organize and select one of their number as president and another of their number as secretary for a term not to exceed four years. Commissioners shall receive compensation for their services at the rate of twelve dollars and fifty cents ($12.50) per diem provided for commissioners of drainage districts for time spent on the work of the board, in addition to their actual expenses, including traveling expenses, necessarily incurred in the discharge of their duties.
Miss. Code Ann. § 51-7-15 — MS Code / Title 51 / Chapter 4 / Section 7-15
Miss. Code Ann. § 51-7-15
Status: in_force

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

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 51-7-41 — MS Code / Title 51 / Chapter 2 / Section 7-41
Miss. Code Ann. § 51-7-41
Status: in_force

Any master water management district which has no unmatured bonded indebtedness, and which has constructed no works of improvement or projects as set forth herein or which has completed all purposes for which it was created, may be dissolved by the chancery court which organized said district in the manner hereinafter provided, but the proceedings for its dissolution shall not be commenced within three years after the date of organization of such district.
Miss. Code Ann. § 51-9-11 — MS Code / Title 51 / Chapter 8 / 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. § 51-9-119 — MS Code / Title 51 / Chapter 2 / Section 9-119
Miss. Code Ann. § 51-9-119
Status: in_force

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

Any appeal from such order or decree of the chancery court or chancellor shall be a preference case in the supreme court and shall be tried at the earliest moment convenient with said court.
Miss. Code Ann. § 51-8-47 — MS Code / Title 51 / Chapter 2 / Section 8-47
Miss. Code Ann. § 51-8-47
Status: in_force

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

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

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

(c) Provide funds for reasonable expansions, extensions and improvements of services.
Miss. Code Ann. § 51-8-25 — MS Code / Title 51 / Chapter 7 / Section 8-25
Miss. Code Ann. § 51-8-25
Status: in_force

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

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

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

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

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

The board of commissioners shall hold regular monthly meetings and such other special meetings as may be called by the chairman or a majority of the commissioners.
Miss. Code Ann. § 51-29-137 — MS Code / Title 51 / Chapter 27 / Section 29-137
Miss. Code Ann. § 51-29-137
Status: in_force

When the boundaries of the existing drainage district are extended so as to embrace and include additional territory and land, said district shall have all the rights, powers, and privileges so far as said land is concerned as said district had of the lands originally embraced and included therein, and shall have full power to make and levy assessments thereon and to issue additional bonds, as is now provided by law for the formation and organization of drainage districts under the provisions of this chapter. When the boundaries of any existing drainage district are extended and additional lands and territory added thereto to be drained and improved, the several parcels of land of such drainage districts as were included within the limits of the district as originally organized and formed shall be liable to the district as already organized for assessments of benefits to be thereafter levied, if any benefits are received by them; and in like manner shall receive credit for any work done or improvements made or constructed by the district as already organized, which will benefit the land and territory added thereto in the manner herein provided.
Miss. Code Ann. § 51-13-155 — MS Code / Title 51 / Chapter 8 / 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. § 51-29-11 — MS Code / Title 51 / Chapter 25 / Section 29-11
Miss. Code Ann. § 51-29-11
Status: in_force

If upon the hearing provided for in Sections 51-29-5 through 51-29-9 a petition is presented to the chancery court, or the chancellor in vacation, signed by a majority of the landholders owning one third of the land, or by one third 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 of the land, or by one third 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 as provided in the aforesaid sections and to establish such drainage districts as 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 estates represented by them; and 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. § 51-29-37 — MS Code / Title 51 / Chapter 27 / Section 29-37
Miss. Code Ann. § 51-29-37
Status: in_force

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.
Miss. Code Ann. § 51-29-143 — MS Code / Title 51 / Chapter 26 / Section 29-143
Miss. Code Ann. § 51-29-143
Status: in_force

All the provisions of this chapter shall apply to the organization and operation of extended existing drainage districts, as authorized by the provisions of Sections 51-29-131 through 51-29-143 , in so far as the same are or can be made applicable.
Miss. Code Ann. § 51-29-47 — MS Code / Title 51 / Chapter 26 / Section 29-47
Miss. Code Ann. § 51-29-47
Status: in_force

It shall be the duty of the board of supervisors of each county to make an annual tax levy, at the same time when the county tax levy is made or at any succeeding regular meeting, in an amount not exceeding the installment of assessment levied for that year sufficient to meet the obligations of the district.
Miss. Code Ann. § 51-29-93 — MS Code / Title 51 / Chapter 25 / Section 29-93
Miss. Code Ann. § 51-29-93
Status: in_force

No error in the names or residences of the owners of railroads, lands, or improvements, or in the description thereof, shall invalidate said assessment or levy of taxes or benefits, if sufficient description is given to ascertain where the lands, railroads, or improvements are situated.
Miss. Code Ann. § 51-9-117 — MS Code / Title 51 / Chapter 2 / Section 9-117
Miss. Code Ann. § 51-9-117
Status: in_force

Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such counties may vote, and the ballots used at such election shall have printed thereon the words “FOR BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT” and “AGAINST BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT”; and the voter shall vote by placing a cross (x) or check mark (✓) opposite his choice on the proposition. In any particular county, should a majority of the qualified electors voting in such election in such county vote in favor of the creation of the Pearl River Valley Water Supply District, then that county shall become a part of the water supply district. The chancery court of the First Judicial District of Hinds County, or the chancellor thereof in vacation, shall thereupon enter a final order including such county in the district. In any particular county, should a majority of the qualified electors voting in such election in such county vote against being included in the Pearl River Valley Water Supply District, then that county shall not become a part of the water supply district.
Miss. Code Ann. § 51-8-17 — MS Code / Title 51 / Chapter 5 / Section 8-17
Miss. Code Ann. § 51-8-17
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the applicable governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of such bodies. However, if no such appeal be taken within a period of thirty (30) days from and after the date of the adoption of the resolution creating any such district, the creation of such district shall be final and conclusive and shall not thereafter be subject to attack in any court.
Miss. Code Ann. § 51-7-31 — MS Code / Title 51 / Chapter 2 / Section 7-31
Miss. Code Ann. § 51-7-31
Status: in_force

In like manner of making assessments and at the same time and subject to the same rights of protest and appeal, the commissioners shall also assess and place opposite each tract of land on the assessment roll an estimate of all damages that will accrue to any landowner by reason of works or proposed works of improvement, including injury to lands taken or damaged; and when said commissioners return no assessment of damages as to any tract of land, it shall be deemed a finding by them that no damages will be sustained.
Miss. Code Ann. § 51-8-61 — MS Code / Title 51 / Chapter 5 / Section 8-61
Miss. Code Ann. § 51-8-61
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district, the earnings for the fiscal year just ended, a statement of the water and sewer rates being charged and a brief statement of the method used in arriving at such rates. Such statement shall also be filed with the local governmental units creating the district.
Miss. Code Ann. § 51-13-149 — MS Code / Title 51 / Chapter 1 / Section 13-149
Miss. Code Ann. § 51-13-149
Status: in_force

The accomplishment of the purposes stated in this article being for the benefit of the people of this state and for the improvement of their properties and industries, the district in carrying out the purposes of this article will be performing an essential public function and shall not be required to pay any tax or assessment on the projects and related facilities or any part thereof; and the interest on the bonds issued hereunder shall at all times be free from taxation within this state. The state hereby covenants with the holders of any bonds to be issued hereunder that the Tombigbee River Valley Water Management District shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.
Miss. Code Ann. § 51-4-23.9 — MS Code / Title 51 / Chapter 4 / 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. § 51-15-105 — MS Code / Title 51 / Chapter 7 / Section 15-105
Miss. Code Ann. § 51-15-105
Status: repealed

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

(a) [Repealed]

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

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

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

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

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

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

(5) Each director shall meet with the board of supervisors of the county from which he is appointed at least twice a year at reasonable times established by the board of supervisors.
Miss. Code Ann. § 51-31-99 — MS Code / Title 51 / Chapter 31 / Section 31-99
Miss. Code Ann. § 51-31-99
Status: in_force

If, after the first assessment of benefits, which it is estimated will result from the proposed drainage scheme, has been made it develops that on account of additional work done or to be done the benefits to the whole or any part of the district is or will be greater than was originally assessed, the commissioners may proceed to reassess and apportion the benefits so as to correct the same to conform to the benefits to be received. However, the aggregate value of benefits so assessed shall in no event be less than the original assessment. Such additional assessment shall be made in the same manner, under the same requirements, and upon the same notice as is provided for making the original assessment.
Miss. Code Ann. § 51-29-25 — MS Code / Title 51 / Chapter 17 / 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. § 51-9-213 — MS Code / Title 51 / Chapter 3 / Section 9-213
Miss. Code Ann. § 51-9-213
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions as any purchaser of the bonds of the district may reasonably require.
Miss. Code Ann. § 51-13-135 — MS Code / Title 51 / Chapter 2 / Section 13-135
Miss. Code Ann. § 51-13-135
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-13-123 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the right and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article, which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.
Miss. Code Ann. § 51-8-9 — MS Code / Title 51 / Chapter 2 / 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. § 51-31-69 — MS Code / Title 51 / Chapter 27 / Section 31-69
Miss. Code Ann. § 51-31-69
Status: in_force

In case the drainage district shall issue bonds for any part of the money levied for the purpose of the district as hereinabove authorized, said bonds may be sold upon the market to the best advantage but shall not be sold for less than par value, unless a sale below par be approved by the chancellor and the commissioners. The whole amount realized from the sale of such bonds shall be deposited in the treasury of said district.
Miss. Code Ann. § 51-31-33 — MS Code / Title 51 / Chapter 31 / Section 31-33
Miss. Code Ann. § 51-31-33
Status: in_force

As soon as may be after such petition shall be referred to said commissioners, or within such time as the court or chancellor may direct, the commissioners shall meet and go upon said lands and examine the same, and the lands over which the work is proposed to be constructed, and determine: first, the starting point, route, and termini of the proposed work, the location and size of the main ditch to be constructed in said drainage district, which in their opinion will successfully drain the said lands, and whether the drainage of the lands in such proposed drainage district is possible or not, provided that any ditch already constructed in such proposed drainage district may be used as a “main”, or part of a main ditch, if found expedient and sufficient for the purposes of the district; second, the probable cost of same, including expenses and court costs; third, what land will be injured or damaged by the proposed work and the probable aggregate amount of damages such lands will sustain by reason of the laying out and construction of such ditch or ditches; fourth, what lands will be benefited by the construction of the proposed work, and whether the aggregate amount of benefits will equal or exceed the cost of the construction of such work. In the examination of such district and determination of the questions for said commissioners to determine, the said commissioners are authorized and empowered to employ an engineer to go with them upon the lands of said district and examine the same, make a map and profile thereof, and an estimate of the size and depth of the ditch or ditches required for main outlets for the drains of said lands, and the probable cost, and a profile thereof.
Miss. Code Ann. § 51-13-125 — MS Code / Title 51 / Chapter 9 / Section 13-125
Miss. Code Ann. § 51-13-125
Status: in_force

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

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

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

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

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

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 51-33-73 — MS Code / Title 51 / Chapter 33 / Section 33-73
Miss. Code Ann. § 51-33-73
Status: in_force

The amount required to be paid to obtain the release provided for in Sections 51-33-69 through 51-33-73 may be paid in cash, bonds, interest coupons of such drainage district, or by credit on any judgment rendered against the district on defaulted bonds and coupons; however, the same shall not be paid by any bonds or interest coupons which have become barred by the statutes of limitation of the State of Mississippi. If the amount paid be in cash, the drainage commissioners shall deposit the same in a special fund to be used in paying the bonded indebtedness of the district; but if the release be paid for in bonds or coupons or by credit on judgment against the district, the same shall immediately be cancelled by the drainage commissioners.
Miss. Code Ann. § 51-9-175 — MS Code / Title 51 / Chapter 5 / Section 9-175
Miss. Code Ann. § 51-9-175
Status: in_force

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

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

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

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

(5) On behalf of each person who is trained as a reservoir police officer at the Mississippi Law Enforcement Officers' Training Academy, the district shall be required to pay to the academy at least an amount equal to the per student cost of operation of the academy as tuition.
Miss. Code Ann. § 51-7-11 — MS Code / Title 51 / Chapter 2 / Section 7-11
Miss. Code Ann. § 51-7-11
Status: in_force

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

Upon the date designated in the notice, or upon a subsequent day to which the matter may be continued, the chancery court shall hear all objections, if any are offered, to the organization of said district. Unless at the hearing at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) of the land proposed to be included in the district or at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the land proposed to be included in the district shall object to the organization, further proceedings shall be had as hereinafter provided; but the district shall not be organized in the event of such objection by at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) the land or by at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the land, excluding state-owned lands.
Miss. Code Ann. § 51-35-337 — MS Code / Title 51 / Chapter 33 / Section 35-337
Miss. Code Ann. § 51-35-337
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 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. § 51-31-5 — MS Code / Title 51 / Chapter 27 / Section 31-5
Miss. Code Ann. § 51-31-5
Status: in_force

Drainage districts may hereafter be organized in this state under the provisions of this chapter for the purpose of reclaiming wet, swamp, or overflowed lands for agricultural and sanitary purposes conducive to public health in the manner hereinafter provided and, when so organized, shall consist of a system of artificial main drains, lateral drains or ditches, natural drains and water courses, or levees. To the end that the purposes of the organization of such districts according to this system may be attained, they shall have and are given full power and authority to construct or to cause to be constructed such artificial main drains and ditches, lateral drains and ditches, and tile drains over the lands of others or over or on lands which may be acquired by said district, and to alter, deepen, or improve any and all natural drains and water courses as it may be necessary to alter, deepen, or improve so that a complete system of such drains may exist in the district for agricultural and sanitary purposes. Such districts may also, in addition to the construction of such drains, construct or erect over the land of others, or over the lands to be acquired by the drainage district or commission for that purpose, such levees as may be necessary to protect or reclaim any lands from overflow from any source.
Miss. Code Ann. § 51-31-55 — MS Code / Title 51 / Chapter 26 / Section 31-55
Miss. Code Ann. § 51-31-55
Status: in_force

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

Should it be necessary for the successful prosecution of the work for an outlet or outlets to be obtained outside of the boundaries of the district, then the commissioners are authorized to obtain the same by contract with the interested parties or by eminent domain proceedings, on the approval of the chancery court or chancellor.
Miss. Code Ann. § 51-29-147 — MS Code / Title 51 / Chapter 29 / Section 29-147
Miss. Code Ann. § 51-29-147
Status: in_force

Upon the adoption of such resolution, the said board of commissioners of said drainage district may file its petition in the chancery court of any one of the counties in which it embraces land, requesting said court, or the chancellor thereof in vacation, to set a date for a hearing upon said proposal, either in term time or vacation, not less than three weeks after the date of the decree fixing the same, and to direct the clerk of said court to give notice of the time, date, and place of such hearing by publication at least once each week for two consecutive weeks. Such notice shall be published in a newspaper or newspapers having general circulation in each of the counties in which any of said districts shall embrace land, the date of the first publication to be not less than ten days prior to the date set for said hearing. Said notice shall be addressed to the officials, landowners, taxpayers, and other persons interested in said drainage districts proposed to be affected by said consolidation, shall contain a statement that written protests or objections to the proposed consolidation may be filed with the clerk of said court at any time prior to the date set for said hearing, and shall state that a failure to so file such written protest or objection prior to said date shall forever bar and preclude such protest or objection. Said notice may be in substantially the following form:

NOTICE

TO THE OFFICIALS, LANDOWNERS, AND TAXPAYERS OF, AND OTHER PERSONS INTERESTED IN (Here name all of the drainage districts proposed to be affected):

Notice is hereby given that the Board of Commissioners of (here insert name of the drainage district making the proposal) has filed its petition in the Chancery Court of __________ County, Mississippi, proposing to combine the territory of (here insert names of tributary drainage districts proposed to be consolidated) with that of said (drainage district making proposal), so as to form of such combined territory a single consolidated drainage district embracing the territory of all of said districts, under the governing authority of a single Board of Commissioners to be appointed by said court (or chancellor in vacation), said proposed consolidated drainage district to have all of the power and authority of a drainage district organized and existing under Chapter 29, Title 51, Mississippi Code of 1972 .

Notice is further given that said matter has been set for hearing by the Chancery Court of __________ County, Mississippi (or the chancellor thereof in vacation, as the case may be) at __________ o'clock __________ M. on the day of __________ 20___, at the county court house at __________, Mississippi; and that any official, landowner or taxpayer of, or other person interested in any of the aforesaid drainage districts, who desires to oppose such proposed consolidation, must file his protest or objection in writing with the clerk of said court prior to said date set for said hearing, and that a failure to do so before said date forever will preclude and bar such protest or objection.

Witness my hand and seal of office, this ___ day of __________ 20___
Miss. Code Ann. § 51-9-125 — MS Code / Title 51 / Chapter 1 / Section 9-125
Miss. Code Ann. § 51-9-125
Status: in_force

The Pearl River Valley Water Supply District is authorized to establish or otherwise provide for public parks and recreation facilities and for the preservation of fish and wildlife and to acquire land otherwise than by condemnation except as provided in subsection (f) of Section 51-9-121 , for such purposes, within the project area.
Miss. Code Ann. § 51-5-1 — MS Code / Title 51 / Chapter 3 / Section 5-1
Miss. Code Ann. § 51-5-1
Status: in_force

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

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

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

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

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

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

(7) As used in this chapter, the terms “ State Board of Water Commissioners ,” “ board ” and “ commission ” mean the Mississippi Commission on Environmental Quality.
Miss. Code Ann. § 51-9-155 — MS Code / Title 51 / Chapter 5 / 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. § 51-29-105 — MS Code / Title 51 / Chapter 25 / 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. § 51-9-161 — MS Code / Title 51 / Chapter 8 / Section 9-161
Miss. Code Ann. § 51-9-161
Status: in_force

It is hereby declared as a matter of legislative determination that the overflow and inundation of sixteenth section lands or in lieu lands shall not constitute legal waste of such lands. The district shall pay a reasonable rental for the use of such lands to be overflowed, to be determined as provided by law in such cases. Any sixteenth section lands that have been flooded shall be reforested before this project shall ever be abandoned.
Miss. Code Ann. § 51-9-127 — MS Code / Title 51 / Chapter 9 / Section 9-127
Miss. Code Ann. § 51-9-127
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, circulation of vehicular traffic on land, the parking of such vehicles, and all recreational and business privileges in, along, or around any such reservoir, any body of land, or any easement owned by the district.

(2) All such regulations prescribed by the board of directors, after publication in a daily newspaper of statewide circulation and in a newspaper of general circulation in each county comprising the area of the district, shall have the full force and effect of law; and violation thereof shall be punishable by fine not to exceed One Thousand Dollars ($1,000.00), as may be prescribed in such regulations, or by imprisonment not to exceed fifteen (15) days, or both the amount of the fine and the term of the imprisonment, within the maximum limit set by this statute and within the maximum limit prescribed in such regulations, to be determined by the court.

All such rules and regulations so prescribed and the penalties fixed thereunder relating to hunting, fishing, and boating shall not conflict with, exceed, alter, or suspend any regulations, rules, or penalties prescribed by general statute or by the Mississippi Commission on Wildlife, Fisheries and Parks; and all fines and penalties levied and collected under this article shall be remitted and accounted for in accordance with the general statutes relating thereto.

(3) In the event of a violation of any regulation adopted to prevent pollution of the waters in any reservoir owned by the district, or the threat of continuous violation thereof, the district shall have authority to sue for and obtain damages and other appropriate relief, including injunctive relief.
Miss. Code Ann. § 51-41-23 — MS Code / Title 51 / Chapter 39 / Section 41-23
Miss. Code Ann. § 51-41-23
Status: in_force

Bonds shall be executed by the manual or facsimile signature of the chairman of the water authority and by manual or facsimile signature of the secretary of the water authority. In case any of the officers whose signatures appear on the bonds cease to be that officer before the delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the water authority.
Miss. Code Ann. § 51-31-111 — MS Code / Title 51 / Chapter 27 / Section 31-111
Miss. Code Ann. § 51-31-111
Status: in_force

The drainage commissioners of any county in which a drainage district has been organized and who have sold bonds for 80% of the assessment on the lands in such district, and who have provided for the collection of the remaining twenty per cent of the assessment on the lands in such district in cash within not less than four months, are authorized to issue and sell the bonds, notes, or other objects of indebtedness of the drainage district for the twenty per cent, or any part thereof, which was provided to have been paid in cash and which has not yet been paid.
Miss. Code Ann. § 51-9-176 — MS Code / Title 51 / Chapter 3 / Section 9-176
Miss. Code Ann. § 51-9-176
Status: in_force

At the request of a Mississippi municipality, county, other legal political subdivision of the state or a Mississippi state agency, federal agency, or under a declaration of a state of emergency or disaster by the Governor or the President of the United States, the officers of the Pearl River Valley Water Supply District Reservoir Police may render law enforcement services including search and rescue using Pearl River Valley Water Supply District Reservoir Police equipment. Officers of the Pearl River Valley Water Supply District Reservoir Police may also participate in joint multijurisdictional training exercises, multijurisdictional law enforcement operations and multijurisdictional search and rescue operations. The officers may exercise the law enforcement authority granted under Section 51-9-175 in the jurisdiction of the training, operation or emergency. The Pearl River Valley Water Supply District Reservoir Police, with the approval of the governing board, may enter into agreements with jurisdictions regarding the circumstances in which emergency assistance may be provided and administered. Unless otherwise directed by an agreement, officers will remain under the authority of the Pearl River Valley Water Supply District Reservoir Police Chief or to whomever and to what level of authority is delegated by the Pearl River Valley Water Supply District Reservoir Police Chief or by assignment through the National Incident Management System or by the stated declaration of disaster or emergency. The Pearl River Valley Water Supply District Reservoir Police may seek reimbursement for services and related expenses if available.
Miss. Code Ann. § 51-29-163 — MS Code / Title 51 / Chapter 26 / Section 29-163
Miss. Code Ann. § 51-29-163
Status: in_force

At said hearing, if said owner or owners shall have then paid over to the chancery clerk the amount set out in said petition and if all of the holders of not less than 95% in amount of the outstanding original indebtedness of the district and all of the holders of outstanding refunding bonds of said district shall have signified in writing, filed with the clerk of said court, their consent to receive the sum so paid as a credit on the said outstanding indebtedness held by them, the chancellor shall determine whether said amount is the true amount of the assessment of benefits of said district against said tract or tracts then remaining unpaid, whether or not the release of said tract or tracts as prayed for will interfere with the continued functioning of the improvements of said district, and whether or not the proposal of sale as set out in said petition is submitted in good faith and accepted as aforesaid. In event it is found that the sum tendered was the true amount of the assessments of benefits of said district against said tract or tracts remaining unpaid, that a release of said tract or tracts will not interfere with the continued functioning of the improvements made by said district, and that the proposal of sale as set out in said petition was submitted in good faith and accepted as aforesaid, the chancellor shall order an acquittance of said tract or tracts from liability for all the outstanding indebtedness of said district and release said tract or tracts from the boundaries of said district, on condition that the sale so proposed and accepted be consummated and a deed to said tract or tracts be delivered to the United States government, to any agency or instrumentality thereof, or to any corporation organized under an Act of the Congress of the United States for the purpose of engaging in reforestation activities. The effect of such order shall be to render said tract or tracts of land, on delivery of said deed, as fully free of any obligation, lien, or incumbrance arising from its inclusion in said district as if said tract or tracts had never been within said district.
Miss. Code Ann. § 51-9-191 — MS Code / Title 51 / Chapter 2 / Section 9-191
Miss. Code Ann. § 51-9-191
Status: in_force

Words and phrases used in this article shall have meanings as follows:

(a) “Act” means the Metropolitan Area Water Supply Act (this article) as originally enacted or hereafter amended.

(b) “Board of directors” means the board of directors of the district.

(c) “Bonds” means revenue bonds, interim notes (having a maturity of three (3) years or less) and other certificates of indebtedness of the district issued under this act.

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

(e) “Person” means and includes the State of Mississippi, any city, town, county, political subdivision or public agency of the state or of the United States of America, and any corporation, individual, partnership, association, firm, trust estate or any other entity whatsoever.

(f) “Public agency” means any city, town, public agency or political subdivision of the state authorized by law to supply water to persons within the geographical boundaries of such city, town, public agency or political subdivision.

(g) “Water supply system” means pipelines, conduits, pumping stations and all other structures, devices and appliances appurtenant thereto, including land and right-of-way thereto, for use in transporting water to public agencies, with respect to the district, or to a point of ultimate use with respect to any other public agency.

(h) “Waterworks” means, with respect to the district, all works, plants or other facilities, including open channels, necessary for the purpose of collecting, storing, treating and transporting water to public agencies and means, with respect to any other public agency, all works, plants or other facilities necessary for the purpose of collecting, storing, treating and transporting water to persons for municipal, commercial, domestic, industrial, agricultural or manufacturing purposes.
Miss. Code Ann. § 51-11-107 — MS Code / Title 51 / Chapter 3 / Section 11-107
Miss. Code Ann. § 51-11-107
Status: in_force

The State Auditor shall perform or have performed a final close-out audit of the accounts of the district. The close-out audit shall be in a form acceptable to the State Auditor and may be conducted in lieu of the usual annual audit of accounts, if the district had continued in existence. Costs of conducting the close-out audit may be defrayed from any funds formerly under the control of the district and currently under the control of the department.
Miss. Code Ann. § 51-9-183 — MS Code / Title 51 / Chapter 7 / Section 9-183
Miss. Code Ann. § 51-9-183
Status: in_force

The powers and authority of any reservoir police officer, whether appointed or commissioned pursuant to the provisions of this article or any former law of this state, may be terminated at any time by the board of directors of the district.
Miss. Code Ann. § 51-29-67 — MS Code / Title 51 / Chapter 17 / Section 29-67
Miss. Code Ann. § 51-29-67
Status: in_force

Said board of commissioners may also issue to the contractor or other persons who do the work, or any part thereof, negotiable evidences of debt of the district, bearing interest at a rate not to exceed six per cent per annum, secured in like manner as the bonds above provided for.
Miss. Code Ann. § 51-41-9 — MS Code / Title 51 / Chapter 39 / Section 41-9
Miss. Code Ann. § 51-41-9
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The Board of Commissioners of the Yazoo-Mississippi Joint Water Management District is authorized to expend funds generated from the special tax levy under subsection (1) in connection with projects under the USDA, NRCS Mississippi Delta Comprehensive, Multipurpose Water Resource Plan hereinafter referred to as the “Mississippi Delta Study.” Such projects include low flows, interbasin transfers of new water supplies, on-farm storage reservoirs or conservation, and implementation activities such as the Sunflower River Low Flow Project and Well Field Project in Coahoma County, Mississippi. Expenditures under this subsection may include in-kind expenditures as well as direct expenditures, the cost and expenses of construction, operation and maintenance of the projects, and the cost and expenses of an indirect nature, such as technological assistance, engineering and scientific evaluation and analysis by technical personnel, labor, transportation and any expenditure that is intended to satisfy the districts' in-kind obligations in connection with the projects. However, the expenditures authorized by this subsection shall not extend to any project that relates to, encompasses or includes effluent treatment facilities or any water supply system to which the Safe Drinking Water Act applies, and any other projects that are determined by the district to be beyond the scope of the Mississippi Delta Study Projects.
Miss. Code Ann. § 51-9-171 — MS Code / Title 51 / Chapter 3 / Section 9-171
Miss. Code Ann. § 51-9-171
Status: in_force

This article shall be cited as “The Pearl River Valley Water Supply District Reservoir Police Officer Law of 1978.”
Miss. Code Ann. § 51-4-17 — MS Code / Title 51 / Chapter 3 / Section 4-17
Miss. Code Ann. § 51-4-17
Status: in_force

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

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

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

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

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

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

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

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

(3) Any landowner entering into a binding agreement for the management of lands in a pilot project shall be eligible for any subsequent incentives that are offered for participation in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-29-85 — MS Code / Title 51 / Chapter 17 / Section 29-85
Miss. Code Ann. § 51-29-85
Status: in_force

Whenever such certificate or certificates are issued, the person or persons to whom the same is issued may use such certificate or certificates in purchasing any lands located in said district that have been forfeited to the State of Mississippi for failure to pay taxes thereon. The land commissioner and state treasurer shall receive such certificates in lieu of cash for the amount of the taxes due on said lands to such drainage district, but the amount of the state and county taxes due thereon, if any, shall be paid in cash.

The person or persons to whom certificates of indebtedness for taxes erroneously paid have been issued as provided under Section 51-29-83 , if they so elect, shall also be entitled to use such certificates, either in part or whole payment of drainage taxes in the district by which issued at a subsequent tax paying date, notwithstanding such certificate or certificates may have been issued for the purchase of state lands as provided in this section.
Miss. Code Ann. § 51-7-30 — MS Code / Title 51 / Chapter 7 / 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. § 51-29-15 — MS Code / Title 51 / Chapter 27 / Section 29-15
Miss. Code Ann. § 51-29-15
Status: in_force

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

All vacancies on the board shall be filled by the chancery court, or the chancellor in vacation, of the county; but, if a majority in number of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the court or chancellor to appoint the persons so designated. In the same manner, the commissioners shall be appointed at the expiration of the term of said commissioners. A majority of the commissioners shall constitute a quorum. The chancery court, or chancellor in vacation, shall remove any member of the board of commissioners, on the petition of the majority of the owners of land in the district, who shall own a majority of the acreage therein.
Miss. Code Ann. § 51-29-25 — MS Code / Title 51 / Chapter 25 / 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. § 51-7-5 — MS Code / Title 51 / Chapter 2 / Section 7-5
Miss. Code Ann. § 51-7-5
Status: in_force

(1) Master water management districts may be organized from the territory of two or more existing drainage or water management districts, from the territory of parts of two or more of such existing districts, from territory in whole or in part of one or more of such existing districts and territory not now included in any such existing district, or from territory not now included in any drainage or water management district.

(2)(a) Whenever a proposed master water management district is to be composed of lands lying wholly within existing drainage or water management districts, whether or not such master water management district is to include all or parts of said existing districts, and the commissioners of such existing districts desire to form a master water management district, they shall petition the chancery court for the creation of such master water management district. Such petition shall be signed by the president or chairman and the secretary of the board of commissioners of each petitioning drainage or water management district; and there shall be affixed to said petition a certificate by the secretary of each such district, certifying that the execution of such petition by said officers in behalf of such drainage or water management district has been duly authorized by the commissioners thereof. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district.

(b) Whenever such proposed master water management district is composed of lands lying partly within and partly without one or more existing drainage or water management districts and the creation of such district is desired, a petition proposing the creation of such master water management district shall be filed in the chancery court; and such petition shall be signed by the president or chairman and secretary of the board of commissioners of each petitioning drainage or water management district as to the lands within each such district and by at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the lands or by at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) of the lands as to the lands not then within any such existing district, excluding lands owned by the state. There shall be affixed to said petition a certificate by the secretary of each such existing district, certifying that the execution of such petition in behalf of such drainage or water management district has been duly authorized by the commissioners thereof. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district.

(c) Whenever such proposed master water management district as composed of lands lying entirely without any existing drainage or water management district and the creation of such district is desired, a petition proposing the creation of such master water management district shall be filed in the chancery court; and such petition shall be signed by at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the lands or by at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) of the lands to be included within such district, excluding the lands therein owned by the state. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district.

(3) If the petition for creation of the master water management district includes any area lying in whole or in part within a levee district duly constituted under the laws of this state, there shall be attached to the petition a copy of a resolution adopted by the levee board of such levee district, approving the proposed petition for creation of the master water management district.
Miss. Code Ann. § 51-9-177 — MS Code / Title 51 / Chapter 8 / 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. § 51-8-19 — MS Code / Title 51 / Chapter 3 / 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. § 51-9-9 — MS Code / Title 51 / Chapter 7 / Section 9-9
Miss. Code Ann. § 51-9-9
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. § 51-9-159 — MS Code / Title 51 / Chapter 8 / 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. § 51-39-25 — MS Code / Title 51 / Chapter 39 / Section 39-25
Miss. Code Ann. § 51-39-25
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(n) To do and perform any and all acts or things necessary, convenient or desirable for the purposes of the district, or to carry out any power expressly granted in this chapter.
Miss. Code Ann. § 51-9-205 — MS Code / Title 51 / Chapter 2 / 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. § 51-29-129 — MS Code / Title 51 / Chapter 29 / Section 29-129
Miss. Code Ann. § 51-29-129
Status: in_force

Nothing contained in Sections 51-29-119 through 51-29-129 shall be construed to permit the enlargement of any prescriptive rights now or hereafter existing or acquired, nor permit the diversion of water from one watershed or basin to another watershed or basin. Nor shall said sections apply to or affect, change, modify, or alter the law as now existing relative to the diversion and control of seep water, and they shall not be construed to repeal, amend, or modify any existing laws, but shall be deemed as supplemental to the law as it now exists.
Miss. Code Ann. § 51-3-51 — MS Code / Title 51 / Chapter 1 / Section 3-51
Miss. Code Ann. § 51-3-51
Status: in_force

The procedures whereby the commission or an employee thereof may obtain a hearing before the commission on a violation of any provisions of this chapter, including a violation of the terms and conditions of any water permit issued by the board, or of a regulation or of any order of the commission or whereby any interested person may obtain a hearing on matters within the jurisdiction of the commission or a hearing on any order of the commission shall be as prescribed in Sections 49-17-31 through 49-17-41 . Further, all proceedings before the permit board shall be conducted in the manner prescribed by Section 49-17-29 .
Miss. Code Ann. § 51-9-131 — MS Code / Title 51 / Chapter 8 / 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. § 51-35-23 — MS Code / Title 51 / Chapter 33 / Section 35-23
Miss. Code Ann. § 51-35-23
Status: in_force

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

The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository, and fifty per cent (50%) of such funds shall be expended for the benefit of the public schools and fifty per cent (50%) of such funds shall be expended for the benefit of public roads of the county, or counties, in which such flood control lands are situated. Where no schools are located in any affected area entitled to moneys under the provisions of said Flood Control Act, then all of such moneys so apportioned to such affected area may be spent for the benefit of public roads in the area.
Miss. Code Ann. § 51-39-39 — MS Code / Title 51 / Chapter 37 / Section 39-39
Miss. Code Ann. § 51-39-39
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district. The statement shall also be filed with the governing body of each member of the district.
Miss. Code Ann. § 51-9-111 — MS Code / Title 51 / Chapter 8 / 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. § 51-13-137 — MS Code / Title 51 / Chapter 4 / Section 13-137
Miss. Code Ann. § 51-13-137
Status: in_force

The board of directors of the district is hereby authorized to provide by resolution for the issuance of refunding bonds of the district for the purpose of refunding any bonds then outstanding and issued under authority of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such refunding bonds, the maturity and other details thereof, and the rights, duties, and obligations of the board of trustees and of the district in respect to such bonds shall be governed by the provisions of this article, in so far as they are applicable. In no event shall such bonds mature over a period of time exceeding forty years from January 1, 1964.
Miss. Code Ann. § 51-13-125 — MS Code / Title 51 / Chapter 1 / Section 13-125
Miss. Code Ann. § 51-13-125
Status: in_force

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

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

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

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

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

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 51-35-323 — MS Code / Title 51 / Chapter 33 / Section 35-323
Miss. Code Ann. § 51-35-323
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 creating said districts, acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related 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. After the issuance and sale of the amount of bonds first voted in any such district under the provisions of this article, no additional bonds shall thereafter be voted, issued, or sold under the provisions of this article to an amount which, when added to the amount of outstanding bonds, will exceed twenty per cent (20%) of the assessed value of all taxable property within such district, according to the then last completed state and county assessment for taxation. All such bonds so issued by said district shall be secured solely by the pledge of the avails of the ad valorem tax levy provided for in this article, such bonds shall not constitute general obligations of the State of Mississippi or of the counties or municipalities 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 or municipalities. Bonds of the district shall not be included in computing any present or future debt limit of any county or municipality in such district under any present or future law.
Miss. Code Ann. § 51-31-115 — MS Code / Title 51 / Chapter 26 / Section 31-115
Miss. Code Ann. § 51-31-115
Status: in_force

Before the sale of any such bonds, notes, or other objects of indebtedness provided for in Sections 51-31-111 and 51-31-113 , the drainage commissioners shall publish notice to all parties interested for at least ten days of their intention to issue said additional bonds. Any time after the expiration of the ten days from the action of the chancellor in approving the action of the commissioners in the issuance of such bonds, notes, or evidence of indebtedness, and after ten days from the entry of the order of the chancellor, made in term time or vacation, approving the action of the commissioners in issuing such bonds, notes, or other evidences of indebtedness, any bonds, notes, or other evidences of indebtedness issued and sold by the commissioners shall be a lien on the lands assessed in the drainage district and shall be non-contestable.
Miss. Code Ann. § 51-31-87 — MS Code / Title 51 / Chapter 29 / Section 31-87
Miss. Code Ann. § 51-31-87
Status: in_force

After the organization of any drainage district under this chapter or after the filing of a petition to organize any such district, if any other or different drainage district lying adjacent to or above said proposed drainage district, or any district not heretofore organized shall be organized and drain the water from their ditches into the ditches or drains of the said lower drainage district from the lands lying above or adjacent and draining into the said drainage district so organized or petitioned for, the commissioners of such lower district shall ask, demand, and receive from said upper district or adjacent district just compensation for an outlet for the waters of said upper or adjacent district. In case said commissioners of the two districts cannot agree upon the amount to be paid by such district, then the same shall be submitted by petition to the chancery court or chancellor in vacation having jurisdiction of the lower district. Said court or chancellor shall hear the petition on proper notice and shall apportion the cost or amount to be paid, if any, by such upper or adjacent district. This section shall apply to all natural drains which may have been heretofore or which shall hereafter be improved, cleaned out, dredged, and used as a drainage canal or main outlet for any drainage district.
Miss. Code Ann. § 51-9-165 — MS Code / Title 51 / Chapter 5 / Section 9-165
Miss. Code Ann. § 51-9-165
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the Ross Barnett Reservoir Dredging Fund. The fund shall consist of the monies deposited into the fund as provided in subsection (2) of this section and any other monies appropriated or otherwise made available for the fund by the Legislature. The fund shall be administered and expended by the Board of Directors of the Pearl River Valley Water Supply District, upon appropriation by the Legislature, for dredging and other related activities to remove sediments and debris from the bottom of the Ross Barnett Reservoir.

(2) During fiscal year 2022 and each fiscal year thereafter, the Board of Directors of the Pearl River Valley Water Supply District may deposit not more than Two Hundred Thousand Dollars ($200,000.00) of the lease payments, fees and other funds received by the district during the fiscal year into the Ross Barnett Dredging Fund.

(3) Unexpended amounts remaining in the Ross Barnett Dredging Fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
Miss. Code Ann. § 51-8-55 — MS Code / Title 51 / Chapter 4 / Section 8-55
Miss. Code Ann. § 51-8-55
Status: in_force

The board of commissioners of any district created pursuant to the provisions of this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both; to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both; and to execute and deliver at private sale notes or bonds as evidence of such indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both; and to pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. It is the purpose and intention of this section to authorize districts to do any and all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, construction, maintenance or operation of project facilities.
Miss. Code Ann. § 51-9-207 — MS Code / Title 51 / Chapter 4 / 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. § 51-29-75 — MS Code / Title 51 / Chapter 25 / Section 29-75
Miss. Code Ann. § 51-29-75
Status: in_force

No corporation, individual, or other drainage district, outside the limits of any district organized or operating under the terms of this chapter, shall drain into any ditch belonging to any district formed or operating under the terms of this chapter, without first paying compensation, to be ascertained by a jury in the circuit court or chancery court, for the use of said ditch, unless an agreement is reached between the commissioners of the district and the corporation, individual, or other drainage district desiring to use such ditch, as to such compensation. This and Section 51-29-77 shall not operate to interfere with vested rights to natural drainage.
Miss. Code Ann. § 51-39-37 — MS Code / Title 51 / Chapter 39 / Section 39-37
Miss. Code Ann. § 51-39-37
Status: in_force

The property and revenue of the district shall be exempt from all state, county and municipal taxation.
Miss. Code Ann. § 51-31-83 — MS Code / Title 51 / Chapter 26 / Section 31-83
Miss. Code Ann. § 51-31-83
Status: in_force

The commissioners, from the time such petitions to organize a district are referred to them by the court or chancellor in vacation, shall have the right and authority to go upon any and all of the lands lying within said district for the purpose of examining the same and making plans, surveys, profiles, and estimates of the kind, character, and cost of said proposed system of drains, and may go upon said lands at any time for the purpose of removing obstructions, cleaning out, and keeping in repair the said ditches. No landowner shall have any power or authority to prevent, hinder, or delay the commissioners in the discharge of their lawful duties in that behalf; and in case such landowner or any other person shall undertake to interfere with, hinder, obstruct, or delay the commissioners in the discharge of their duties, the said commissioners or either of them may file his or their complaint in the chancery court or before the chancellor in vacation. Thereupon said court or chancellor shall cite said party to appear and show cause, if any he has, why he should not be fined for said hindrance or obstruction, and the court or chancellor may fine such party not exceeding twenty-five dollars ($25.00) per day for every day's hindrance caused by him to said commissioners, as for a contempt of the chancery court.
Miss. Code Ann. § 51-31-125 — MS Code / Title 51 / Chapter 31 / Section 31-125
Miss. Code Ann. § 51-31-125
Status: in_force

When a subdrainage district has been established as hereinbefore provided, the county drainage commissioners shall be the commissioners of said subdrainage district; and proceedings to organize subdrainage districts and to do improvements therein shall conform substantially to the provision of this chapter with reference to the organization, doing the improvements, and operating other drainage districts authorized by this chapter. Said commissioners are empowered and authorized to issue bonds of such subdrainage districts, and such bonds shall be so designated. The same proceedings, or as near as practicable the same, shall be had in the issuance of bonds of a subdrainage district as are required in the issuance of bonds of the drainage district in the first instance, as provided in this chapter. The proceeds from the sale of bonds of a subdrainage district shall be applied and used exclusively for doing the work within or for the exclusive benefit of said subdrainage district for the construction of internal drains of said subdrainage district, and in carrying out and perfecting its internal drains.
Miss. Code Ann. § 51-15-109 — MS Code / Title 51 / Chapter 8 / Section 15-109
Miss. Code Ann. § 51-15-109
Status: in_force

The Board of Water Commissioners shall file a written answer to the petition within thirty (30) days after such service. After the filing of the answer 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 exhibits, the answer of the Board of Water Commissioners, and any other 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 (10) public places in said proposed district, and also by publishing said notice at least once a week for three (3) consecutive weeks in a newspaper published in each of the counties or municipalities proposed to be included in such waterway district. If there is no newspaper published in any such county or municipality, then it shall be sufficient to publish said notice in a newspaper having a general circulation in such county or municipality. 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 and municipalities 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 of Forrest County upon the date fixed by the chancellor to show cause, if any they can, why the proposed waterway district should not be organized and established as prayed for in said petition. The date for such hearing shall not be less than twenty-one (21) days nor more than forty (40) days after the last publication of such notice. It shall be sufficient in describing the lands to be included in the waterway district to name the counties and municipalities 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.

On or after July 1, 2023, the procedures of this section shall apply to a petition filed under Section 51-15-107 to modify the decree organizing the district to include a municipality as a member of the district.
Miss. Code Ann. § 51-29-81 — MS Code / Title 51 / Chapter 29 / 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. § 51-13-5 — MS Code / Title 51 / Chapter 3 / Section 13-5
Miss. Code Ann. § 51-13-5
Status: in_force

The authority shall be financed in all of its activities from funds made available by each of the associated counties, and each such county is authorized and empowered to contribute any amount or amounts which the board of supervisors thereof shall deem advisable, acting in their sole discretion, to be paid from the general county fund of the respective counties.
Miss. Code Ann. § 51-33-33 — MS Code / Title 51 / Chapter 33 / Section 33-33
Miss. Code Ann. § 51-33-33
Status: in_force

All drainage districts of this state may, in the discretion of the drainage commissions of said district, permit the use of water from the drainage canals and the putting into drainage canals of water from natural bodies of water or streams, for the purpose of irrigation of farm lands, under such restrictions as the districts may impose when, in the judgment of the commissioners acting on the advice of the engineer of the district or any other competent engineer employed by it, such permit or permits will not be detrimental to the district or injurious to the landowners therein.
Miss. Code Ann. § 51-15-7 — MS Code / Title 51 / Chapter 9 / 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. § 51-31-113 — MS Code / Title 51 / Chapter 27 / 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. § 51-31-97 — MS Code / Title 51 / Chapter 31 / 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. § 51-9-117 — MS Code / Title 51 / Chapter 4 / Section 9-117
Miss. Code Ann. § 51-9-117
Status: in_force

Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such counties may vote, and the ballots used at such election shall have printed thereon the words “FOR BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT” and “AGAINST BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT”; and the voter shall vote by placing a cross (x) or check mark (✓) opposite his choice on the proposition. In any particular county, should a majority of the qualified electors voting in such election in such county vote in favor of the creation of the Pearl River Valley Water Supply District, then that county shall become a part of the water supply district. The chancery court of the First Judicial District of Hinds County, or the chancellor thereof in vacation, shall thereupon enter a final order including such county in the district. In any particular county, should a majority of the qualified electors voting in such election in such county vote against being included in the Pearl River Valley Water Supply District, then that county shall not become a part of the water supply district.
Miss. Code Ann. § 51-9-7 — MS Code / Title 51 / Chapter 1 / Section 9-7
Miss. Code Ann. § 51-9-7
Status: in_force

The commission shall be financed in all its activities from funds made available by each of the associated counties, and each such county is authorized and empowered to contribute any amount or amounts which the board of supervisors thereof shall deem advisable, acting in their sole discretion, to be paid from the general county fund of the respective counties.
Miss. Code Ann. § 51-31-57 — MS Code / Title 51 / Chapter 29 / Section 31-57
Miss. Code Ann. § 51-31-57
Status: in_force

When the commissioners shall have made their appraisement of the land taken or to be taken, they shall certify the same and file it with the clerk of the chancery court of the county in which the land lies, and if the proceedings be in another county, also with said clerk in the county where the proceedings are had. The clerk shall thereupon set down and fix a time for the hearing of objections to such appraisement, at the request of the commissioners, to be heard by the chancery court or the chancellor in vacation. The clerk shall issue a summons directed to the sheriff of the county or counties of this state in which any landowner or other person interested may reside, commanding him to summon such owner or owners or other interested person to be and appear at the time and place named. If the owner of any land sought to be taken be an infant or person of unsound mind, the summons may be executed on his guardian; and the guardian in such cases is authorized, subject to the approval of the chancellor in term time or vacation, to sell and convey such property and dedicate it thus to the public use, or he may agree upon the damages and thereby bind the ward. If there be no guardian in such case, the chancellor in vacation may, on application of any one in interest, appoint a guardian ad litem to represent such infant or person of unsound mind, whose acts and doings in the premises shall be valid and binding on the ward. The chancellor may require a bond of such guardian ad litem. If the owner of such land be a nonresident of the state or cannot be found, or if the owner be unknown, and this shall apply to any person interested, upon affidavit to that fact being made by the commissioners or by their agent or attorney, service of the summons may be had on any of his agents in charge of the land; or publication shall be made in the manner provided by law for publication for nonresident and unknown parties in chancery suits. If the land belong to a deceased person whose estate is being administered, the summons may be served on the executor or administrator, who shall, for all purposes of this chapter, be authorized to act for the owner, and he shall be responsible on his bond accordingly. Such notice, when published, need only state that the hearing will be for the purpose of confirming the report of the commissioners as to the appraisement of land taken for the use of the district and through which the ditches of the district are to run; it shall contain the names of the owners or persons interested in such land and their post-office address, if known, and if unknown that fact shall be so stated; and it shall further contain a list of the land, described by section numbers, belonging to such nonresident owners and through which the ditches of the district are to run. If any owner is not satisfied with the amount allowed by the commissioners for land taken by reason of the construction of such proposed system according to the plans of said district, he shall file written objections thereto on or before the day named in the summons or notice.
Miss. Code Ann. § 51-29-13 — MS Code / Title 51 / Chapter 29 / Section 29-13
Miss. Code Ann. § 51-29-13
Status: in_force

The order of the chancery court, or chancellor in vacation, establishing such drainage districts shall have the force of a judgment. Any owner of real property within the district may appeal from said judgment to the supreme court within twenty days after said order has been made; but if no appeal is taken within that time, such judgment shall be deemed conclusive and binding upon all real property within the boundaries of the district, and upon the owners thereof. Any owner of property in the district proposed to be organized may, within a like time and in a like manner, appeal from any order refusing to establish such district.
Miss. Code Ann. § 51-9-133 — MS Code / Title 51 / Chapter 7 / 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. § 51-13-111 — MS Code / Title 51 / Chapter 2 / Section 13-111
Miss. Code Ann. § 51-13-111
Status: in_force

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

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

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

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

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

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

(e) To acquire by condemnation all property of any kind, real, personal, or mixed, or any interest therein, within or without the boundaries of the district, necessary for the projects and the exercise of the powers, rights, privileges and functions conferred upon the district by this article, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone, or telegraph companies, and according to the provisions of Section 29-1-1 . For the purposes of this article the right of eminent domain of the district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power and other companies or corporations and shall be sufficient to enable the acquisition of county roads, state highways, or other public property in the project area, and the acquisition or relocation of this property in the project area. The cost of right-of-way purchases, rerouting and elevating all other county-maintained roads affected by construction shall be borne by the water management district, and new construction shall be of equal quality as in roads existing as of May 1, 1962. The county in which the work is done may assist in these costs if the board of supervisors desires.

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

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

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

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

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

Any bona fide resident householder actually living or maintaining a residence on land taken by the district by condemnation shall have the right to repurchase his former land from the board of directors for a price not exceeding the price paid for condemning his land, plus any permanent improvements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(z) In addition to, or in conjunction with, any other powers and duties of the district arising under this chapter, to exercise those powers, duties and functions of a joint water management district set forth in Sections 51-8-27 through 51-8-55 , except the power of eminent domain under Section 51-8-33 . Before exercising those powers and duties, the district must comply with the provisions of Sections 51-8-63 and 51-8-65 . In exercising the functions of a joint water management district, the district may apply to the Environmental Quality Permit Board for delegation of those powers and duties as provided by Section 51-3-15 , and to apply to the Mississippi Commission on Environmental Quality for delegation of those powers and duties provided by Section 51-3-21 .
Miss. Code Ann. § 51-13-1 — MS Code / Title 51 / Chapter 7 / Section 13-1
Miss. Code Ann. § 51-13-1
Status: in_force

There is hereby created the Tombigbee Valley Authority composed of Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Prentiss, Pontotoc, Alcorn, and Tishomingo Counties in the State of Mississippi, to be governed by a board consisting of one member from each such county and three members from the state at large, all to be appointed by the governor to serve for a term of four years or until their successors are appointed and qualified. The governor shall designate in his appointment the chairman and vice-chairman thereof. They shall serve without pay except for their actual traveling expenses and other necessary expenses incurred in the performance of their official duties, to be reimbursed as in the case of state employees under the provisions of general law. Upon appointment, said members shall meet and organize at Columbus, Mississippi, set a regular time and place for the meetings of the authority, secure offices and all necessary equipment, and obtain such engineering, professional, clerical, and other assistance as may be necessary in order to accomplish the purposes of this article. An executive director may be appointed by the board if this is deemed advisable, and salaries of all personnel may be paid out of funds provided under the terms of this article in an amount agreeable to the authority.
Miss. Code Ann. § 51-4-1 — MS Code / Title 51 / Chapter 1 / Section 4-1
Miss. Code Ann. § 51-4-1
Status: in_force

This chapter may be cited as the “Mississippi Scenic Streams Stewardship Act.”
Miss. Code Ann. § 51-1-4 — MS Code / Title 51 / Chapter 1 / Section 1-4
Miss. Code Ann. § 51-1-4
Status: in_force

(1) Those portions of all natural flowing streams in this state having a mean annual flow of not less than one hundred (100) cubic feet per second, as determined and designated on appropriate maps by the Mississippi Department of Environmental Quality, shall be public waterways of the state on which the citizens of this state and other states shall have the right of free transport in the stream and the right to fish and engage in water sports. Persons exercising the rights granted by this section shall do so at their own risk, and such persons, their heirs or others on their behalf shall not be entitled to recover any damages against any owner of property or an interest in property on or along such public waterways or against anyone using such property with permission of the owner for any injury to or death of persons or damage to property arising out of the exercise of rights granted by this section, other than those damages which may be recovered for intentional or malicious torts or for gross or willful negligence against the owner of property or an interest therein or against anyone using such property with permission of the owner.

(2) Nothing contained in this section shall authorize anyone utilizing public waterways, under the authority granted by this section, to trespass upon adjacent lands or to launch or land any commercial or pleasure craft along or from the shore of such waterways except at places established by public or private entities for such purposes.

(3) Nothing contained in this section shall authorize any person utilizing those public waterways, under the authority granted by this section, to disturb the banks or beds of such waterways or the discharge of any object or substance into such waters or upon or across any lands adjacent thereto or to hunt or fish or go on or across any adjacent lands under floodwaters beyond the natural banks of the bed of the public waterway. Floodwater which has overflowed the banks of a public waterway is not a part of the public waterway.

(4) The right of the public to use public waterways does not include the use of motorized vehicles in the beds of a public waterway without the written permission of the landowner. Any person who uses a motorized vehicle in the bed of a public waterway without the written permission of the landowner may be punished as provided in Section 97-17-93 .

(a) It shall be unlawful for any person to operate any all-terrain vehicle, four-wheel-drive motorized vehicle, or other wheeled or tracked conveyance within the bed of a public waterway and following the meanders thereof in such a way as to cause damage to the streambed.

(b) It shall be unlawful for any person to offer a permission or a license for a fee for the operation of any of the conveyances prohibited in this subsection within the bed of a public waterway.

(c) A violation of this subsection shall be a Class II violation and, upon conviction thereof, may be punished as provided in Section 49-7-143 .

(d) Nothing in this subsection shall be construed as prohibiting the normal, usual and ordinary fording of streams by persons authorized to do so for legitimate recreational, agricultural, forestry or other lawful purposes.

(5) Nothing contained in this section shall be construed to prohibit the construction of dams and reservoirs by the State of Mississippi or any of its agencies or political subdivisions, or riparian owners, in the manner now or hereafter authorized by law, or in any way to affect the rights of riparian landowners along such waterways except as specifically provided hereinabove or to amend or repeal any law relating to pollution or water conservation, or to affect in any manner the title to the banks and beds of any such stream or the title to any minerals thereunder, or to restrict the mining or extraction of such minerals or the right of ingress and egress thereto.

(6) The provisions of this section limiting the liability of owners of property along public waterways and persons using such property with permission of the owners shall not be construed to limit any rights of claimants for damages under federal statutes or acts applying to navigable streams or waterways or any other civil causes of action subject to admiralty or maritime jurisdiction, nor shall those provisions be construed to limit the rights of any parties involved in litigation founded upon the commercial or business usage of any navigable streams or waterways.

(7) This section shall apply only to natural flowing streams.

(8) Any lake hydrologically connected to a natural flowing stream and listed as a public waterway under subsection (1) on July 1, 2000, and subsequently removed from that list before July 1, 2001, by the Commission on Environmental Quality because the lake did not meet the requirements of subsection (1), shall be presumed to be a public waterway until a court of competent jurisdiction determines otherwise. Nothing in this subsection shall be construed to determine the property rights in the bed or banks of the lake, the right of ingress or egress across private property to the lake, or mineral interests.
Miss. Code Ann. § 51-8-39 — MS Code / Title 51 / Chapter 3 / Section 8-39
Miss. Code Ann. § 51-8-39
Status: in_force

The bonds issued under this chapter shall be sold for not less than par value plus accrued interest at public sale in the manner provided for in Section 31-19-25, Mississippi Code of 1972; however, bonds may be sold to the United States of America or an agency or instrumentality thereof at private sale.

Each interest rate specified in any bid must be in multiples of either one-tenth of one percent ( 1 / 10 of 1%) or one-eighth of one percent ( 1 / 8 of 1%), and a zero rate of interest cannot be named.

Any revenue bonds issued under the provisions of this chapter may be refunded in like manner as revenue bonds of municipalities shall be refunded.

Any bonds issued under the provisions of this chapter shall be submitted to validation under the provisions of Sections 31-13-1 through 31-13-11 .
Miss. Code Ann. § 51-9-137 — MS Code / Title 51 / Chapter 7 / Section 9-137
Miss. Code Ann. § 51-9-137
Status: in_force

Bonds issued pursuant to this article shall not exceed twenty-five million dollars ($25,000,000.00) in principal amount.
Miss. Code Ann. § 51-7-5 — MS Code / Title 51 / Chapter 3 / Section 7-5
Miss. Code Ann. § 51-7-5
Status: in_force

(1) Master water management districts may be organized from the territory of two or more existing drainage or water management districts, from the territory of parts of two or more of such existing districts, from territory in whole or in part of one or more of such existing districts and territory not now included in any such existing district, or from territory not now included in any drainage or water management district.

(2)(a) Whenever a proposed master water management district is to be composed of lands lying wholly within existing drainage or water management districts, whether or not such master water management district is to include all or parts of said existing districts, and the commissioners of such existing districts desire to form a master water management district, they shall petition the chancery court for the creation of such master water management district. Such petition shall be signed by the president or chairman and the secretary of the board of commissioners of each petitioning drainage or water management district; and there shall be affixed to said petition a certificate by the secretary of each such district, certifying that the execution of such petition by said officers in behalf of such drainage or water management district has been duly authorized by the commissioners thereof. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district.

(b) Whenever such proposed master water management district is composed of lands lying partly within and partly without one or more existing drainage or water management districts and the creation of such district is desired, a petition proposing the creation of such master water management district shall be filed in the chancery court; and such petition shall be signed by the president or chairman and secretary of the board of commissioners of each petitioning drainage or water management district as to the lands within each such district and by at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the lands or by at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) of the lands as to the lands not then within any such existing district, excluding lands owned by the state. There shall be affixed to said petition a certificate by the secretary of each such existing district, certifying that the execution of such petition in behalf of such drainage or water management district has been duly authorized by the commissioners thereof. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district.

(c) Whenever such proposed master water management district as composed of lands lying entirely without any existing drainage or water management district and the creation of such district is desired, a petition proposing the creation of such master water management district shall be filed in the chancery court; and such petition shall be signed by at least one half ( 1 / 2 ) of the landowners owning at least one third ( 1 / 3 ) of the lands or by at least one third ( 1 / 3 ) of the landowners owning at least one half ( 1 / 2 ) of the lands to be included within such district, excluding the lands therein owned by the state. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district.

(3) If the petition for creation of the master water management district includes any area lying in whole or in part within a levee district duly constituted under the laws of this state, there shall be attached to the petition a copy of a resolution adopted by the levee board of such levee district, approving the proposed petition for creation of the master water management district.
Miss. Code Ann. § 51-29-27 — MS Code / Title 51 / Chapter 29 / Section 29-27
Miss. Code Ann. § 51-29-27
Status: in_force

As soon as said board of commissioners shall have formed its plan and shall ascertain the cost of improvement, it shall file the same with the clerk of the board of supervisors. Said plans shall be accompanied by a map showing the location of all the main and lateral ditches, and shall be accompanied by specifications describing the character of the improvements to be made, the width and depth of the ditches, the probable quantity of earth to be removed, all other work to be done, and the probable cost of draining said territory. 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.