Miss. Code Ann. § 51-13-107 — MS Code / Title 51 / Chapter 4 / Section 13-107
Miss. Code Ann. § 51-13-107
Status: in_force

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

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

(3) Whenever an aggregate of six (6) counties have become members of the Tombigbee River Valley Water Management District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all of the powers granted it by statute.
Miss. Code Ann. § 51-27-3 — MS Code / Title 51 / Chapter 27 / Section 27-3
Miss. Code Ann. § 51-27-3
Status: in_force

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

The secretary of state of Mississippi is hereby requested to transmit duly certified copies of this resolution to the governor of Alabama and to the governor of Tennessee.
Miss. Code Ann. § 51-15-1 — MS Code / Title 51 / Chapter 5 / Section 15-1
Miss. Code Ann. § 51-15-1
Status: in_force

There is hereby created the Pat Harrison Waterway Commission composed of Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne 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 Hattiesburg, Mississippi, and set a regular time and place for the meetings of the commission, 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 commission.
Miss. Code Ann. § 51-13-135 — MS Code / Title 51 / Chapter 13 / 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. § 51-31-69 — MS Code / Title 51 / Chapter 29 / 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. § 51-4-23.10 — MS Code / Title 51 / Chapter 2 / Section 4-23.10
Miss. Code Ann. § 51-4-23.10
Status: in_force

In accordance with Section 51-4-7 , the Escatawpa River from the Alabama-Mississippi state line in George County to its confluence with the Pascagoula River in Jackson County which was designated as eligible for nomination to the state Scenic Streams Stewardship Program under Section 51-4-21.6 , is designated as a state scenic stream and is included in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-9-189 — MS Code / Title 51 / Chapter 5 / Section 9-189
Miss. Code Ann. § 51-9-189
Status: in_force

This act is for the purpose of authorizing the Pearl River Valley Water Supply District to construct, maintain and operate a water treatment plant and regional water distribution system to ensure an adequate and sanitary water supply for the Jackson metropolitan area. This act may be cited as the “Metropolitan Area Water Supply Act”.
Miss. Code Ann. § 51-11-107 — MS Code / Title 51 / Chapter 4 / 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. § 51-13-119 — MS Code / Title 51 / Chapter 2 / Section 13-119
Miss. Code Ann. § 51-13-119
Status: in_force

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the board of water commissioners of the State of Mississippi as provided for in Sections 51-3-1 through 51-3-53 .
Miss. Code Ann. § 51-9-9 — MS Code / Title 51 / Chapter 3 / 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. § 51-15-1 — MS Code / Title 51 / Chapter 8 / Section 15-1
Miss. Code Ann. § 51-15-1
Status: in_force

There is hereby created the Pat Harrison Waterway Commission composed of Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne 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 Hattiesburg, Mississippi, and set a regular time and place for the meetings of the commission, 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 commission.
Miss. Code Ann. § 51-8-21 — MS Code / Title 51 / Chapter 7 / Section 8-21
Miss. Code Ann. § 51-8-21
Status: in_force

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

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

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

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

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

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

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

(d) Withdrawal is approved by a three-fifths ( 3 / 5 ) vote of the board of commissioners.
Miss. Code Ann. § 51-31-19 — MS Code / Title 51 / Chapter 26 / Section 31-19
Miss. Code Ann. § 51-31-19
Status: in_force

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.
Miss. Code Ann. § 51-29-135 — MS Code / Title 51 / Chapter 25 / Section 29-135
Miss. Code Ann. § 51-29-135
Status: in_force

If the majority of the landowners owning one third of the acreage of the lands or one third of the landowners owning a majority in acreage of the lands proposed to be added to the existing drainage district shall petition the chancery court of any county in which any part of the land lies to extend the boundaries of the existing drainage district so as to embrace and include their lands, proceedings shall be held in all respects in conformity with the provisions of this chapter.
Miss. Code Ann. § 51-8-19 — MS Code / Title 51 / Chapter 4 / 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. § 51-29-67 — MS Code / Title 51 / Chapter 25 / 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. § 51-29-21 — MS Code / Title 51 / Chapter 17 / Section 29-21
Miss. Code Ann. § 51-29-21
Status: in_force

Such plans and specifications shall show not merely the location, width, and depth of the ditches, but also the work to be done in removing obstructions from water courses, the building of pumping stations, dams, flumes, floodgates, fences to protect the district, and such levees as may be necessary to protect the land from overflow. Whenever federal financial or other assistance is furnished in connection with the planning or construction of the proposed improvements, such plans and specifications shall be detailed only to the extent required by the federal department or agency responsible for furnishing such assistance.
Miss. Code Ann. § 51-11-105 — MS Code / Title 51 / Chapter 9 / Section 11-105
Miss. Code Ann. § 51-11-105
Status: in_force

The following provisions related to the Lower Pearl River Restoration Project (“project”) are contingent upon the development of an agreement, or an amendment to the existing agreement, between the Mississippi Department of Environmental Quality (“MDEQ”), the Department of Wildlife, Fisheries and Parks (“DWFP”) and the district, removing the district from the agreement, and possibly adding a new cooperating partner or partners and possibly removing the MDEQ and/or the DWFP from the agreement.

From and after July 1, 2018, the project, currently being managed as a joint effort of the MDEQ, the DWFP, and the district, shall continue as per existing agreements, which may be amended to reflect the dissolution of the district and its removal from those agreements. The obligations of the district under the current agreements for the project may be assumed by the MDEQ, or other entity, as the designated state entity for the continuing obligation of maintenance of the water control structures as set forth in the original agreements. The parties to the agreement may identify necessary maintenance activities needed to preserve the integrity of project structures and other ordinary maintenance activities as the parties may agree need to be performed. Funding to perform those maintenance activities shall come from the Lower Pearl trust account currently on deposit with a depository or depositories in the name of the Pearl River Basin Development District, which funds are a special fund set aside solely for the operation and maintenance of the project. From and after July 1, 2018, the parties to the agreement, may assume ownership, in trust, of those funds, and the funds shall be known as the “Lower Pearl River Restoration Trust Fund.” Monies from this fund shall be a special fund set aside for the purpose(s) set forth in the amended or reformed agreement between the parties and shall not lapse into the State General Fund, and may not be expended for any purpose other than operation and maintenance activities under the purview of the project.
Miss. Code Ann. § 51-29-107 — MS Code / Title 51 / Chapter 17 / Section 29-107
Miss. Code Ann. § 51-29-107
Status: in_force

All hearings hereinbefore provided to be heard before the chancellor may be heard before a special commissioner who may be appointed by the chancellor, who shall have full authority to make all findings of law and of fact, and whose findings shall be reduced to writing and reported to the chancellor for confirmation either in term-time or in vacation. Such reports shall be subject to exceptions or objections, but no notice of the hearing of such exceptions shall be necessary, provided the date for hearing exceptions to the commissioner's report shall have been fixed in the order referring the matter to the commissioner. Such commissioner shall receive such compensation as may be allowed him by the chancellor.
Miss. Code Ann. § 51-39-7 — MS Code / Title 51 / Chapter 33 / Section 39-7
Miss. Code Ann. § 51-39-7
Status: in_force

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

(b) If any unit of local government is located within an existing district, then the unit of local government shall petition the district to provide a service or function needed by the petitioning unit, if the service or function is one which the district has the power and authority to perform. Upon receipt of the petition, the district shall have ninety (90) days within which to respond affirmatively to the petition, setting forth its intent to meet the need or perform the service or function and its plan to meet the need or perform the service or function. If the existing district does not affirmatively respond in a timely fashion, then the petitioning unit of local government may form a district as provided in this chapter.

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

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

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

(3) The governing body of the unit of local government may hold a public meeting or public hearing on the necessity for creation of the district. The governing body shall provide notice in the manner provided under Section 51-39-9 of any public meeting or public hearing.
Miss. Code Ann. § 51-13-127 — MS Code / Title 51 / Chapter 1 / Section 13-127
Miss. Code Ann. § 51-13-127
Status: in_force

Bonds issued pursuant to this article shall not exceed twenty-five million dollars ($25,000,000.00) in principal amount.
Miss. Code Ann. § 51-13-151 — MS Code / Title 51 / Chapter 9 / Section 13-151
Miss. Code Ann. § 51-13-151
Status: in_force

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

Any board of supervisors may, in its discretion, transfer any funds authorized by Sections 51-13-129 and 51-13-131 , to the depository of the Tombigbee River Valley Water Management District to be expended for any of the purposes of the district. The said district is authorized to expend all funds coming into its depository for any legitimate purpose authorized by law.
Miss. Code Ann. § 51-29-65 — MS Code / Title 51 / Chapter 25 / Section 29-65
Miss. Code Ann. § 51-29-65
Status: in_force

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

And for the prompt payment of said bonds and coupons the board of commissioners may irrevocably pledge the full faith, credit and resources of the district, and all assessments of said district, as provided in this chapter.
Miss. Code Ann. § 51-29-35 — MS Code / Title 51 / Chapter 29 / Section 29-35
Miss. Code Ann. § 51-29-35
Status: in_force

Any property owner may accept the assessment of damages in his favor made by the commissioners, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so unless he gives to said commissioners, within thirty days after the assessment is filed, notice in writing that he demands assessment of his damages by jury. In such event the commissioners shall institute in the proper court in the proper county an action to condemn the lands that must be taken or damaged in making such improvements, which action shall be in accordance with the proceeding for the condemnation of property for public use provided in the chapter on eminent domain. Where condemnation proceedings are had as herein provided and an appeal is taken to the circuit court, the drainage commissioners may pay the amount awarded by the jury into the hands of the clerk of the circuit court, who shall hold the same to abide the decision of said appeal, and the drainage commissioners may proceed with the work of constructing the drain as laid out by them.
Miss. Code Ann. § 51-15-7 — MS Code / Title 51 / Chapter 7 / 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. § 51-11-101 — MS Code / Title 51 / Chapter 9 / Section 11-101
Miss. Code Ann. § 51-11-101
Status: repealed

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

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

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

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

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

(6) From and after July 1, 2018, the department is authorized to dispose of any personalty or equipment of the district as surplus property or through inventory transfer to another public entity, and is authorized to settle any existing lease or leases of the district, either by canceling, assigning or subleasing the same. For the vehicles of the district, the department may transfer any of the vehicles to other state agencies without any payment being required from the agency, or may sell any of the vehicles for such price as determined by the State Fiscal Officer, and shall deposit all funds received from the sale of the vehicles into the funds in the State Treasury that were formerly available to the district, as described in subsection (4) of this section.
Miss. Code Ann. § 51-25-6 — MS Code / Title 51 / Chapter 25 / Section 25-6
Miss. Code Ann. § 51-25-6
Status: in_force

Each of the counties in which the said Yellow Creek Watershed is located is hereby authorized and empowered to contribute any amount or amounts which the board of supervisors thereof shall deem advisable, acting in their sole discretion, to be paid from the general county fund of the respective counties.
Miss. Code Ann. § 51-9-161 — MS Code / Title 51 / Chapter 9 / 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. § 51-9-221 — MS Code / Title 51 / Chapter 9 / Section 9-221
Miss. Code Ann. § 51-9-221
Status: in_force

The state hereby covenants with the registered owners of any bonds of the district that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of the district under this act to conduct the activities referred to herein in any way pertinent to the interests of the bondholders including, without limitation, the district's right to charge and collect rates, fees and charges and to fulfill the terms of any covenants made with the registered owners of the bonds, or in any other way impair the rights and remedies of the registered owners of the bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.
Miss. Code Ann. § 51-29-103 — MS Code / Title 51 / Chapter 29 / Section 29-103
Miss. Code Ann. § 51-29-103
Status: in_force

Any district which has heretofore been organized, including swamp land districts, or which may hereafter be organized under other statutes, may become a district under the terms of this chapter as follows:

If a third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage of real property within any such district shall petition the chancery court, or chancellor in vacation, to constitute them a drainage district under the terms hereof, the clerk of the chancery court shall give notice of the application by two weeks' publication in some newspaper published and having a bona fide circulation in the county or counties in which the lands of said district lie, stating the time when said petition will be heard and the object of said petition. All owners of real property within the district shall have the right to appear and contest the said petition, or support the same. The chancery court, or chancellor in vacation, shall hear the evidence and shall either grant the petition or deny the same, as he may deem it most advantageous to the property owners of the district and to the public benefit. If he grants the petition, the said district shall have all the rights and powers and be subject to all the obligations and provisions provided by the terms of this chapter. If the majority of the landowners or the majority of the owners of the acreage therein petition for the adoption of this chapter, the court or chancellor must make an order declaring that such district shall henceforth be governed by the terms of this chapter, and shall appoint commissioners according to its terms, who shall carry into effect without delay the proposed drainage improvements.
Miss. Code Ann. § 51-29-73 — MS Code / Title 51 / Chapter 26 / Section 29-73
Miss. Code Ann. § 51-29-73
Status: in_force

Any landowner within the district may build ditches to drain his lands into the public ditches, and if any intervening landholders shall refuse permission to cross his lands with such ditch, the board of commissioners may, by proceedings according to the provisions of the chapter on eminent domain, condemn a right of way for such ditch. In such proceedings the jury shall deduct from the damages the benefits that will accrue to such intervening landowner by the construction of such ditch, and said intervening landowner shall have the right to use such ditch for the drainage of his own lands.
Miss. Code Ann. § 51-9-129 — MS Code / Title 51 / Chapter 2 / Section 9-129
Miss. Code Ann. § 51-9-129
Status: in_force

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the board of water commissioners of the State of Mississippi, as provided for in Section 51-3-31 .
Miss. Code Ann. § 51-31-41 — MS Code / Title 51 / Chapter 27 / Section 31-41
Miss. Code Ann. § 51-31-41
Status: in_force

Upon entering such order of record upon the minutes of said court, said district is hereby declared by law to be organized as a drainage district, by the name mentioned in such petition and order of the court or chancellor in vacation and by the boundaries fixed by the order confirming the report of said commissioners, and is hereby declared to be a body politic and corporate by the name mentioned in said order of the court, with the right to have perpetual succession and to adopt and use a corporate seal. The commissioners and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authorities of said district and shall exercise the functions conferred upon them by this chapter.
Miss. Code Ann. § 51-29-137 — MS Code / Title 51 / Chapter 29 / 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. § 51-31-7 — MS Code / Title 51 / Chapter 17 / Section 31-7
Miss. Code Ann. § 51-31-7
Status: in_force

All drainage districts of the state heretofore organized or that may be hereafter organized, except as otherwise provided in Chapters 29 and 33 of this title, shall severally exercise their respective powers and be managed by three county drainage commissioners of the county in which the organization of the district was had and by the chancery court or chancellor in vacation of such county, as hereinafter provided in this chapter.
Miss. Code Ann. § 51-4-5 — MS Code / Title 51 / Chapter 1 / Section 4-5
Miss. Code Ann. § 51-4-5
Status: in_force

The Legislature finds that certain selected streams and stream segments of this state possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values. It is the policy of the Legislature to provide for the protection of these streams and to conserve the state's natural heritage for the benefit and enjoyment of present and future generations, while preserving the private property rights of riparian landowners.

There is a necessity for a rational balance between the use of these streams and the conservation of the natural beauty along these streams. The Legislature finds that this balance will best be achieved through a nonregulatory voluntary stewardship program emphasizing local education, participation and support. The primary goal of the program is to maximize voluntary private conservation efforts and to build and maintain a sense of stewardship among stream users and riparian landowners. To accomplish this goal, the program must provide a nonregulatory framework to obtain cooperative, voluntary management agreements with riparian landowners to maintain scenic values while ensuring the rights of riparian landowners to continue customary uses along the stream.
Miss. Code Ann. § 51-9-179 — MS Code / Title 51 / Chapter 3 / Section 9-179
Miss. Code Ann. § 51-9-179
Status: in_force

The district, by the act of the appointment of any reservoir police officer, shall be liable and responsible for all acts of such reservoir police officer while he is acting or purporting to act under the provisions of this article, whether such action be authorized by this article or not; further, the district shall indemnify the State of Mississippi and any sheriff for any loss, costs or expenses incurred by virtue of any act, deed or omission committed by a reservoir police officer while he is acting or purporting to act under the provisions of this article, whether the act, deed or omission is authorized by this article or not.
Miss. Code Ann. § 51-13-1 — MS Code / Title 51 / Chapter 4 / 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. § 51-31-81 — MS Code / Title 51 / Chapter 31 / 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. § 51-31-127 — MS Code / Title 51 / Chapter 27 / Section 31-127
Miss. Code Ann. § 51-31-127
Status: in_force

The drainage commissioners and the treasurer of the main drainage district shall keep a separate account of all funds and expenses and payments of a subdrainage district, so that at any time the account will show the exact financial condition of such subdrainage district, both as to receipts and disbursements.
Miss. Code Ann. § 51-33-49 — MS Code / Title 51 / Chapter 33 / Section 33-49
Miss. Code Ann. § 51-33-49
Status: in_force

The board of commissioners of any drainage district operating under any of the laws of this state may sell, lease, or rent, on the terms and conditions as hereinafter set out, the lands located within the limits of said district which have been heretofore purchased or may hereafter be purchased from the State of Mississippi, or such lands heretofore or hereafter purchased at any tax sale after the time for redemption has expired.
Miss. Code Ann. § 51-15-9 — MS Code / Title 51 / Chapter 2 / Section 15-9
Miss. Code Ann. § 51-15-9
Status: in_force

This article shall be considered supplemental and additional to any and all other laws, and confers sufficient authority in and of itself for the purposes set forth herein.
Miss. Code Ann. § 51-5-17 — MS Code / Title 51 / Chapter 4 / Section 5-17
Miss. Code Ann. § 51-5-17
Status: in_force

Any person, firm, or corporation who engages in or follows the business or occupation, or advertises, holds itself out, or acts temporarily or otherwise as a well driller without having first secured the required license or renewal thereof, or who otherwise violates any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) within the discretion of the court; and each day in which such violation exists or continues shall constitute a separate offense.

In addition to the penalties prescribed herein, any person who violates any order of the board requiring described remedial action as set out elsewhere in this chapter, which shall specify a time requirement for compliance with such order, shall be subject to a penalty not to exceed one hundred dollars ($100.00) for each day such noncompliance continues.
Miss. Code Ann. § 51-7-47 — MS Code / Title 51 / Chapter 2 / Section 7-47
Miss. Code Ann. § 51-7-47
Status: in_force

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

If the majority of the landowners owning one third of the acreage of the lands or one third of the landowners owning a majority in acreage of the lands proposed to be added to the existing drainage district shall petition the chancery court of any county in which any part of the land lies to extend the boundaries of the existing drainage district so as to embrace and include their lands, proceedings shall be held in all respects in conformity with the provisions of this chapter.
Miss. Code Ann. § 51-9-183 — MS Code / Title 51 / Chapter 3 / Section 9-183
Miss. Code Ann. § 51-9-183
Status: in_force

The powers and authority of any reservoir police officer, whether appointed or commissioned pursuant to the provisions of this article or any former law of this state, may be terminated at any time by the board of directors of the district.
Miss. Code Ann. § 51-39-17 — MS Code / Title 51 / Chapter 37 / Section 39-17
Miss. Code Ann. § 51-39-17
Status: in_force

(1) Within thirty (30) days following the adoption of the final authorizing resolution or ordinance, the designated representatives shall proceed to incorporate a district by filing for record in the office of the chancery clerk of the participating counties and/or the clerk of participating municipalities, as the case may be, and the Secretary of State an incorporation agreement approved by each member. The agreement shall comply in form and substance with the requirements of this section and shall be executed in the manner provided in this chapter.

(2) The incorporation agreement of a district shall state:

(a) The name of each participating unit of local government and the date on which the governing bodies thereof adopted an authorizing resolution or ordinance;

(b) The name of the district which must include the words “__________ Storm Water Management District,” the blank spaces to be filled in with the name of one or more of the members or other geographically descriptive term. If the Secretary of State determines that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar as to lead to confusion and uncertainty, the incorporators may insert additional identifying words so as to eliminate any duplication or similarity;

(c) The period for the duration of the district;

(d) The location of the principal office of the district which shall be within the geographic boundaries of the district;

(e) That the district is organized under this chapter;

(f) The board setting forth the number of commissioners, terms of office and the vote of each commissioner;

(g) If the exercise by the district of any of its powers is to be in any way prohibited, limited or conditioned, a statement of the terms of that prohibition, limitation or condition;

(h) Any provisions relating to the vesting of title to its properties upon its dissolution which shall be vested in any member; and

(i) Any other related matters relating to the district that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.

(3) The incorporation agreement shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgements. When the incorporation agreement is filed for record, there shall be attached to it a certified copy of the authorizing resolution or ordinance adopted by the governing body of each member.

(4) The incorporators shall publish a notice of incorporation once a week for three (3) consecutive weeks in a daily newspaper or newspapers having general circulation throughout the area to be served.

(5) Upon the filing for record of the agreement and the required documents, the district shall come into existence and shall constitute a public corporation under the name set forth in the incorporation agreement. The Secretary of State shall issue a certificate of incorporation to the district.

(6) Upon issuance of the certificate of incorporation, the district shall be a public body corporate and politic constituting a political subdivision of the state with the power of perpetual succession and shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions. The district shall be empowered in accordance with this chapter to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 51-9-173 — MS Code / Title 51 / Chapter 4 / Section 9-173
Miss. Code Ann. § 51-9-173
Status: in_force

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

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

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

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

(ii) Is of good moral character and has not been convicted of any crime involving moral turpitude.
Miss. Code Ann. § 51-13-125 — MS Code / Title 51 / Chapter 2 / 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. § 51-13-141 — MS Code / Title 51 / Chapter 7 / Section 13-141
Miss. Code Ann. § 51-13-141
Status: in_force

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

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

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

(4) If no applications acceptable to the board are received by the time stated in the notice, the board shall designate some qualified state depository or depositories within the district upon such terms and conditions as it may find advantageous to the district. Any such designated depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for state funds.
Miss. Code Ann. § 51-41-25 — MS Code / Title 51 / Chapter 39 / Section 41-25
Miss. Code Ann. § 51-41-25
Status: in_force

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

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

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

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

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

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

If any default is made in the payment of the principal of or interest, if any, on the bonds, any court having jurisdiction of the action may appoint a receiver to administer the water authority and the project, system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against project, system or systems, and for payment of operating expenses, and to apply the income and revenues thereof in conformity with the provisions of this chapter and any covenants with bondholders.
Miss. Code Ann. § 51-3-13 — MS Code / Title 51 / Chapter 2 / Section 3-13
Miss. Code Ann. § 51-3-13
Status: in_force

Use of waters of the state shall not constitute absolute ownership or absolute rights of use of such waters, but such waters shall remain subject to the principle of beneficial use. It shall be the duty of the board to approve all applications made in such form as shall meet the requirements of this chapter and such rules and regulations as shall be promulgated by the board and which contemplate the utilization of water for beneficial purposes, within reasonable limitations, provided the proposed use does not prejudicially and unreasonably affect the public interest. If it is determined that the proposed use of the water sought to be permitted is not for beneficial purposes, is not consistent with standards established by the commission, or is detrimental to the public interest, it shall be the duty of the board to enter an order rejecting such application or requiring its modification.
Miss. Code Ann. § 51-13-127 — MS Code / Title 51 / Chapter 4 / Section 13-127
Miss. Code Ann. § 51-13-127
Status: in_force

Bonds issued pursuant to this article shall not exceed twenty-five million dollars ($25,000,000.00) in principal amount.
Miss. Code Ann. § 51-9-3 — MS Code / Title 51 / Chapter 7 / Section 9-3
Miss. Code Ann. § 51-9-3
Status: in_force

The members shall serve without pay except they shall be reimbursed out of county funds provided by this article for their actual traveling expenses and other necessary expenses incurred in the performance of their official duties, in an amount equal to travel and subsistence expenses allowed state employees under law. Upon appointment, said members shall meet and organize at some place designated by the governor, which shall be in one of the participating counties; and the members shall set a regular time and place for the members of the commission to meet, secure offices and all necessary equipment, and employ such engineering, professional, clerical, stenographic, and other assistance as may be necessary to carry out the purposes of this article. An executive director may be appointed by the board if this is deemed advisable, and salaries of all personnel may be paid out of funds provided under the terms of this article in an amount agreeable to the commission.
Miss. Code Ann. § 51-5-7 — MS Code / Title 51 / Chapter 2 / Section 5-7
Miss. Code Ann. § 51-5-7
Status: in_force

(1) When the state board of water commissioners has reasonable grounds for believing that there has been a violation of this chapter or any rules or regulations adopted pursuant thereto, the board shall give written notice to the person alleged to be in violation. Such notice shall identify the provisions of this chapter or regulation issued hereunder alleged to be violated and the facts alleged related thereto. Such notice shall be served in the manner required by law for the service of process upon a person in a civil action, and may be accompanied by an order of the board requiring described remedial action which, if taken within the time specified in such order, will effect compliance with the requirements of this chapter and regulations issued thereunder. Such order shall become final within thirty days from the service thereof unless a request for hearing as provided elsewhere in this chapter is made within such time. In lieu of such order the board may require the person or persons named in such notices to appear at a hearing at a time and place specified in the notice.

(2) When the state board of water commissioners finds that any provisions of this chapter have been violated and that disciplinary action by the board is insufficient or unavailable, then it shall be the duty of the said board to proceed with enforcement of this chapter by proper proceedings through any court of competent jurisdiction available therefor.
Miss. Code Ann. § 51-13-143 — MS Code / Title 51 / Chapter 8 / Section 13-143
Miss. Code Ann. § 51-13-143
Status: in_force

The board of directors of the Tombigbee River Valley Water Management District is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements, and rights of way necessary for the relocation of any federal road, highway, parkway, or for the facilities appurtenant thereto.
Miss. Code Ann. § 51-13-119 — MS Code / Title 51 / Chapter 7 / Section 13-119
Miss. Code Ann. § 51-13-119
Status: in_force

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the board of water commissioners of the State of Mississippi as provided for in Sections 51-3-1 through 51-3-53 .
Miss. Code Ann. § 51-29-11 — MS Code / Title 51 / Chapter 27 / 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. § 51-15-9 — MS Code / Title 51 / Chapter 7 / Section 15-9
Miss. Code Ann. § 51-15-9
Status: in_force

This article shall be considered supplemental and additional to any and all other laws, and confers sufficient authority in and of itself for the purposes set forth herein.
Miss. Code Ann. § 51-9-7 — MS Code / Title 51 / Chapter 9 / 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. § 51-39-15 — MS Code / Title 51 / Chapter 33 / Section 39-15
Miss. Code Ann. § 51-39-15
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal authorities in Section 11-51-75 . However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution or ordinance in Section 51-39-11 , the creation of the district within the jurisdiction of that unit of local government shall be final and shall not be subject to attack in any court after that time.
Miss. Code Ann. § 51-8-53 — MS Code / Title 51 / Chapter 5 / Section 8-53
Miss. Code Ann. § 51-8-53
Status: in_force

Any area adjacent to any district created pursuant to this chapter may be annexed to and become a part of such district by the same procedure as prescribed for the original creation of the district. All costs incident to the publication of notice and all other costs incident to the hearings, election and proceedings shall be paid by the district.

The district shall have the exclusive right to provide any of the services for which it was created in the annexed territory; however, if any part of the annexed territory is then being served by another corporate agency with any such service, the district shall, at the option of the other corporate agency, either relinquish its prior right to serve the area occupied by the corporate agency or acquire by purchase the facilities of such corporate agency, together with its franchise rights to serve such area.

If the option is for the district to purchase, upon notification thereof, the district shall be obligated to buy and pay for, and the corporate agency shall be obligated to convey to the district, all its service facilities and franchise rights in the annexed area. Such property shall be acquired by the district in accordance with such terms and conditions as may be agreed upon, and the district shall have the authority to assume the operation of such entire system or facility and to assume and become liable for the payment of any notes, bonds or other obligations that are outstanding against said system or facility and payable from the revenues therefrom.

If the district is notified to relinquish its prior right to serve the annexed area, the district shall grant the corporate agency a franchise to serve within the annexed territory; however, the corporate agency shall be entitled to serve only such customers or locations within the annexed area as it served on the date that such annexation became effective.

The annexed territory shall become liable for any existing indebtedness of the district and be subject to any taxes levied by a local governing body under Section 51-8-43 .
Miss. Code Ann. § 51-9-213 — MS Code / Title 51 / Chapter 8 / 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. § 51-8-5 — MS Code / Title 51 / Chapter 1 / Section 8-5
Miss. Code Ann. § 51-8-5
Status: in_force

Creation of a joint water management district shall be initiated by identical resolutions passed by each interested local governmental unit. Such resolution shall set forth in detail the geographic boundaries of the district, the function or functions to be performed by the district, a statement of the necessity for the creation of the district, the proposed corporate name of the district and any other information reasonably necessary to inform the constituency of the governmental unit of the purpose and obligations of the respective units proposing to form the district.
Miss. Code Ann. § 51-29-25 — MS Code / Title 51 / Chapter 26 / 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. § 51-9-207 — MS Code / Title 51 / Chapter 5 / 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. § 51-3-21 — MS Code / Title 51 / Chapter 3 / Section 3-21
Miss. Code Ann. § 51-3-21
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) The commission may delegate to any joint water management district authority to assist the commission in preparation, administration and implementation of the state water management plan, or any activity related thereto, in such district.
Miss. Code Ann. § 51-41-15 — MS Code / Title 51 / Chapter 35 / Section 41-15
Miss. Code Ann. § 51-41-15
Status: in_force

The officers of the water authority shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board deems necessary to accomplish the purposes for which the water authority was organized. All officers of the water authority shall be persons who receive water service from the water authority. The offices of secretary and treasurer may, but need not, be held by the same person. The treasurer or secretary-treasurer shall be required to execute a bond payable to the water authority, in a sum and with such security as fixed and approved by the board. All officers of the water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws.
Miss. Code Ann. § 51-13-113 — MS Code / Title 51 / Chapter 13 / Section 13-113
Miss. Code Ann. § 51-13-113
Status: in_force

All construction contracts by the district, where the amount of the contract shall exceed two thousand, five hundred dollars ($2,500.00), shall be made upon at least three weeks' public notice by advertisement in a newspaper of general circulation in the district, which notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work; and in all such cases, before the notice shall be published, the plans and specifications for the work shall be filed with the secretary of the district and there remain. The board of directors of the district shall award the contract to the lowest and best bidder, who will comply with the terms imposed by such board and enter into bond with sufficient sureties, to be approved by the board, in such penalty as shall be fixed by such board but in no case to be less than the contract price, conditioned for the prompt, proper, and efficient performance of the contract.
Miss. Code Ann. § 51-41-17 — MS Code / Title 51 / Chapter 39 / Section 41-17
Miss. Code Ann. § 51-41-17
Status: in_force

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

(a) To have succession in its designated name;

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

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

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

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

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

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

(h) To sell and issue its bonds;

(i) To sell and issue refunding bonds;

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

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

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

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

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

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

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

(q) To exercise and hold the authority and power granted to water supply systems and sewer systems under Sections 19-5-173 , 19-5-175 , 19-5-177 and 19-5-203 .
Miss. Code Ann. § 51-31-29 — MS Code / Title 51 / Chapter 27 / Section 31-29
Miss. Code Ann. § 51-31-29
Status: in_force

Upon the day set for hearing said petition or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same; and if the contestants file a petition signed by one third of the landowners in such proposed district owning more than one half of the lands in said district, then said original petition shall be dismissed. The court shall first determine whether the petition filed by the contestants is signed by persons of lawful age who represent one third of the landowners in such proposed district owning more than one half of the lands in said district. If it is so signed, the court or chancellor shall enter an order dismissing the original petition. If it is not so signed, then at the first hearing on the original petition the only questions to be passed upon by the court shall be: first, whether the petition is signed by the number of qualified signers required by this chapter; second, whether the required notices by publications, mail, and posting have been given; third, whether the lands of said proposed drainage district or any part thereof required a combined system of drainage; fourth, whether the creation of the district would meet a public necessity and would be conducive to the public welfare. If the court or chancellor shall find in favor of the petitioners upon all of these points, he shall enter an order to that effect, refer the said petition to the drainage commissioners of said county for proceedings thereon in compliance with this chapter, and fix a day upon which such commissioners shall meet to consider the same, and investigate the lands in the said proposed drainage district. All deeds made for the purpose of defeating or aiding the prayer of such petition, not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this chapter; and the holders thereof shall not be considered as owners thereof in construing the provisions hereof. Upon said first hearing if the court or chancellor shall find that said petition is not signed as required by this chapter or that notices have not been given as required thereby, the court or chancellor may allow the petitioners to amend the same or may continue said petition for further hearing, with leave to the petitioners to give proper affidavit of any two or more signers of the said petition that they have examined said petition, that they are acquainted with the land and locality of such proposed district, and that such petition is signed by the number of landowners required by this chapter who are of lawful age. Such affidavit may be taken by the court or chancellor as prima facie evidence of the facts therein stated.

If the court or chancellor shall find against the petitioners upon any one or more of the points above provided, then said petition shall be dismissed; and in any dismissal under this section, all costs shall be adjudged against the petitioners for the organization of said proposed drainage district.
Miss. Code Ann. § 51-13-153 — MS Code / Title 51 / Chapter 7 / Section 13-153
Miss. Code Ann. § 51-13-153
Status: in_force

It is hereby declared as a matter of legislative determination that the overflow and inundation of sixteenth section lands or in lieu lands shall not constitute legal waste of such lands. The district shall pay a reasonable rental for the use of such lands to be overflowed, to be determined as provided by law in such cases. Any sixteenth section lands that have been flooded shall be reforested before this project shall ever be abandoned.
Miss. Code Ann. § 51-29-93 — MS Code / Title 51 / Chapter 17 / 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. § 51-15-109 — MS Code / Title 51 / Chapter 3 / 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. § 51-9-113 — MS Code / Title 51 / Chapter 1 / Section 9-113
Miss. Code Ann. § 51-9-113
Status: in_force

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

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

If the chancellor finds that the proposed water supply district should not be organized, he shall dismiss the proceedings, and the costs shall be paid by the Pearl River Industrial Commission.
Miss. Code Ann. § 51-29-89 — MS Code / Title 51 / Chapter 27 / Section 29-89
Miss. Code Ann. § 51-29-89
Status: in_force

All bonds and evidences of indebtedness issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands and railroads subject to taxation under this chapter, in an amount not to exceed the amount of benefits assessed against such lands and railroads. The board of commissioners shall see to it that an assessment is levied annually and collected under the provisions of this chapter, so long as it may be necessary for the payment of any bonds issued or obligations contracted under its authority, together with the interest thereon; and the making or levying of said assessment or levy may be enforced by mandamus at the instance of any person interested.
Miss. Code Ann. § 51-29-23 — MS Code / Title 51 / Chapter 26 / Section 29-23
Miss. Code Ann. § 51-29-23
Status: in_force

If for any cause the improvements shall not be made, said costs shall be charged on the real property in the district, including railroads, if any, and shall be raised and paid by assessments in the manner hereinafter described; or, in the event said assessments are not made, or the improvements shall not be completed or the same be abandoned, for any cause, after such indebtedness is incurred, the board of supervisors of the county in which the drainage district is located shall levy an acreage tax, or an ad valorem tax, on the lands in said proposed district if the same has not been organized, or on the lands of the district if the same has been organized, the total collections from which shall be sufficient to pay such indebtedness. The board of supervisors may levy a sufficient tax in one year or may levy a succession of acreage taxes, or ad valorem taxes, over a period of years, not to exceed three years, to be determined by said board of supervisors. If an ad valorem tax be levied, the board of supervisors may use for that purpose the assessments of the land of the last assessment roll of the county in which said lands are situated. In case the lands in the proposed district lie in more than one county, then the chancellor aforesaid shall apportion said indebtedness between the several counties, and the boards of supervisors of the several counties shall thereupon levy such apportioned tax upon the lands of their counties respectively, according to the ruling of the said chancellor.
Miss. Code Ann. § 51-37-1 — MS Code / Title 51 / Chapter 33 / Section 37-1
Miss. Code Ann. § 51-37-1
Status: in_force

The Legislature has previously stated its desire to improve the quality of water, prevent soil erosion and alleviate flood damage in Mississippi, and great strides have been made through the use of water impoundment structures constructed through federal watershed construction funding programs. Flood control structures have provided secondary benefits including improvement of water quality and increased recreational opportunities. Flaws have become apparent in the system of maintenance established to protect these flood control structures to the point that many of the structures are in dire need of repair and pose a serious threat to property as well as loss of secondary benefits.
Miss. Code Ann. § 51-29-61 — MS Code / Title 51 / Chapter 25 / Section 29-61
Miss. Code Ann. § 51-29-61
Status: in_force

All contractors shall be required to give a performance bond and a payment bond, which may be in one or in separate instruments, for the faithful performance of such contract as may be awarded them, with good and sufficient sureties in amounts to be fixed by the board of commissioners; and the board of commissioners shall not remit or excuse the penalty or forfeiture of said bond or bonds or the breaches thereof. The board of commissioners may appoint all necessary agents for carrying on the work and may fix their pay. They may buy all necessary material and implements as may be on hand and which may be necessary for the completion of the improvements under way, or which have been completed; and may in general, make all such contracts in the prosecution of the work as may best serve the public interest. It shall be the duty of the board of commissioners to have the amount of any work done by the contractor estimated from time to time, as may be desirable, by the engineer selected by the board of commissioners; and said board shall draw its warrants in favor of the contractor for not more than ninety per cent (90%) of the work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.
Miss. Code Ann. § 51-29-69 — MS Code / Title 51 / Chapter 26 / Section 29-69
Miss. Code Ann. § 51-29-69
Status: in_force

No member of any board of improvement shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.
Miss. Code Ann. § 51-13-123 — MS Code / Title 51 / Chapter 5 / Section 13-123
Miss. Code Ann. § 51-13-123
Status: in_force

The board of directors of the district is hereby authorized and empowered to borrow money or issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related facilities and including all financing and financial advisory charges, interest during construction, engineering, architectural, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by this article. Said board of directors is authorized and empowered to borrow money and issue bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Section 51-13-127 . All such bonds so issued by said district shall be secured solely by a pledge of the avails of the two mills ad valorem tax levy provided for in Section 51-13-121 or so much thereof as may be necessary therefor, and of the net revenues as hereinafter defined or so much thereof as may be necessary therefor. Such bonds shall not constitute general obligations of the State of Mississippi or of the counties comprising said district, and such bonds shall not be secured by a pledge of the full faith, credit, and resources of said state or of said counties. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this article shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, moneys, and all other funds coming into the possession of the district by virtue of the provisions of this article, except the proceeds from the sale of bonds issued hereunder, and except the avails of the two mill ad valorem tax levy provided for in Section 51-13-121 . “Net revenues” as used in this article shall mean the revenues after payment of costs and expenses of operation and maintenance of the project and related facilities.
Miss. Code Ann. § 51-8-17 — MS Code / Title 51 / Chapter 3 / 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. § 51-9-143 — MS Code / Title 51 / Chapter 7 / Section 9-143
Miss. Code Ann. § 51-9-143
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-9-133 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article, which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district described in the trust agreement, on behalf of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.
Miss. Code Ann. § 51-9-225 — MS Code / Title 51 / Chapter 5 / Section 9-225
Miss. Code Ann. § 51-9-225
Status: in_force

The provisions of this act are cumulative of other statutes now or hereafter enacted relating to the issuance of bonds; to waterworks or water supply systems; and to the design, construction, acquisition or approval of facilities for such purposes, and any public agency may exercise all presently held powers in the furtherance of this act.
Miss. Code Ann. § 51-7-35 — MS Code / Title 51 / Chapter 5 / Section 7-35
Miss. Code Ann. § 51-7-35
Status: in_force

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

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

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

(4) Powers of existing drainage or water management districts shall not be affected by the creation of any master water management district, except with respect to works of improvement included in the plans for the project under said Public Law 566, or other law of the United States.
Miss. Code Ann. § 51-29-43 — MS Code / Title 51 / Chapter 26 / Section 29-43
Miss. Code Ann. § 51-29-43
Status: in_force

Any landowner feeling aggrieved at the decree of the chancellor shall have the right to appeal in the manner provided in this chapter. No appeal shall interfere with the right of the district to enter upon and take possession of the property sought to be taken, or hinder the district in the doing of any act necessary and proper in the construction of the proposed system and the carrying out of the purposes of its organization, provided, however, that the district shall have first paid into the court the amount of the appraisement. Drainage districts organized under the provisions of this chapter shall have the power to acquire any and all lands, lying either within or without the limits of such districts, necessary to the carrying out of the successful drainage of the district, in the manner above provided. In addition to the method above prescribed for the acquisition of lands for the purpose of the district, drainage districts shall have and are hereby given and granted the right of eminent domain, and they may proceed to acquire rights of way by proceeding under the code before the court of eminent domain.
Miss. Code Ann. § 51-9-181 — MS Code / Title 51 / Chapter 5 / Section 9-181
Miss. Code Ann. § 51-9-181
Status: in_force

Each reservoir police officer commissioned under this article shall file a bond in the sum of Ten Thousand Dollars ($10,000.00) with the district for the lawful and faithful performance of his duties. The cost of the bond shall be borne by the district. The filing of the bond shall not relieve the district from any civil liability it may otherwise incur in accordance with the provisions of Section 51-9-179 . The district shall indemnify and hold the State of Mississippi, the Commissioner of Public Safety, and any sheriff harmless from any and all liability which any or all of them might otherwise incur for the negligent or unlawful acts of a reservoir police officer.
Miss. Code Ann. § 51-31-15 — MS Code / Title 51 / Chapter 17 / Section 31-15
Miss. Code Ann. § 51-31-15
Status: in_force

A majority of the commissioners shall constitute a quorum, and the concurrence of a majority of their number in any matter within their duties and authority under this chapter shall be sufficient to bind the said board.
Miss. Code Ann. § 51-31-87 — MS Code / Title 51 / Chapter 25 / 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. § 51-29-147 — MS Code / Title 51 / Chapter 27 / 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. § 51-9-127 — MS Code / Title 51 / Chapter 5 / 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. § 51-9-209 — MS Code / Title 51 / Chapter 3 / Section 9-209
Miss. Code Ann. § 51-9-209
Status: in_force

All bonds (other than refunding bonds, interim notes and certificate of indebtedness) issued pursuant to this act shall be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972; provided, however, that notice of such validation proceedings shall be addressed to the taxpayers of any public agency (i) which has contracted with the district pursuant to this act and whose contracts and the payments to be made by the public agency thereunder constitute security for the bonds of the district proposed to be issued, or (ii) which is a member of the district. Such notice shall be published at least once in a newspaper or newspapers having a general circulation within the geographical boundaries of each of the public agencies to whose taxpayers the notice is addressed. Such validation proceedings shall be instituted in the First Judicial District of the Chancery Court of Hinds County. The validity of the bonds so validated and of the contracts and payments to be made by the public agencies thereunder constituting security for the bonds shall be forever conclusive against the district and the public agencies which are parties to said contracts; and the validity of said bonds and said contracts and the payment to be made thereunder shall never be called in question in any court in this state.
Miss. Code Ann. § 51-27-3 — MS Code / Title 51 / Chapter 17 / Section 27-3
Miss. Code Ann. § 51-27-3
Status: in_force

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

The secretary of state of Mississippi is hereby requested to transmit duly certified copies of this resolution to the governor of Alabama and to the governor of Tennessee.
Miss. Code Ann. § 51-31-119 — MS Code / Title 51 / Chapter 25 / Section 31-119
Miss. Code Ann. § 51-31-119
Status: in_force

When one third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage of real property within a proposed subdrainage district, composed of lands wholly within a drainage district or partly within and partly without such drainage district, shall petition the chancery court, or chancellor in vacation, and shall file a good bond to pay for the expense of the survey of the proposed subdrainage district in case the district is not formed, the said court or the chancellor in vacation shall enter an order directing the drainage commissioners of the county to cause a survey to be made and to ascertain the limits of the region which would be benefited by a proposed system of improvements, giving a general idea of its character, and the estimated costs of drainage, and making such suggestions as to the size of the drainage ditches and their location as the drainage commissioners may deem advisable. They shall file their report with the clerk of the chancery court of the county in which the greater portion of the territory proposed to be included in said subdrainage district is situate.
Miss. Code Ann. § 51-35-349 — MS Code / Title 51 / Chapter 35 / Section 35-349
Miss. Code Ann. § 51-35-349
Status: in_force

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article.
Miss. Code Ann. § 51-7-17 — MS Code / Title 51 / Chapter 4 / Section 7-17
Miss. Code Ann. § 51-7-17
Status: in_force

As soon as said plans have been developed as hereinbefore provided, a report thereof shall be made by the commissioners, who shall file the same with the clerk of the chancery court. Such report shall include the approval thereof by the board of any levee district within which any master water management district shall be located in whole or in part. Such report shall contain an estimate of the local share of the cost of carrying out the works of improvement, together with an estimate of the total benefits that will accrue to the land in the proposed district. Upon the filing of said report and after fixing a time, date, and place of hearing by the chancellor, the clerk of the chancery court shall thereupon give notice by publication that a hearing will be held on said report and designating a date not less than twenty days and not more than thirty days after the last publication of notice on which such hearing will be held. Said notice shall be published in a newspaper in each county wherein a part of such district is situated, such newspaper 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 the master water management district. The notice shall call upon landowners in the district to show cause, if any, against approval of the report by the chancery court.
Miss. Code Ann. § 51-9-219 — MS Code / Title 51 / Chapter 7 / Section 9-219
Miss. Code Ann. § 51-9-219
Status: in_force

All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 51-31-73 — MS Code / Title 51 / Chapter 31 / Section 31-73
Miss. Code Ann. § 51-31-73
Status: in_force

The commissioners may, after the organization of said district, do any and all acts that may be necessary in and about the surveying, laying out, constructing, repairing, altering, enlarging, cleaning, protecting, and maintaining any drain or ditch or other work for which they have been appointed. They and their successors shall have charge of said ditch in perpetuity, and shall annually see that the same is cleaned out and all obstructions, brush, willow, or other growth removed therefrom, to the end that said ditches shall be kept thoroughly cleaned and in good repair so as to perfectly drain said lands. For those purposes, the commissioners may borrow money in anticipation of the collection of already levied taxes not to exceed in any one (1) fiscal year one percent (1%) of the amount of the benefits assessed against all of the real property in the district, at an overall maximum interest rate to maturity not greater than that allowed in Section 75-17-105 . They may issue in evidence thereof tax anticipation warrants, which warrants shall be paid solely and only out of the first funds collected from taxes levied prior to the borrowing of such funds and issuance of such warrants; and they may make additional assessments from time to time, as necessity may require, to pay for the expense of maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district. The additional assessment for maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district shall be made by the commissioners in the following manner: on or before the first Monday in September of each year the drainage commissioners shall assess on each tract of land or other property in the district, in proportion to the original and supplemental benefits assessed for construction, such an amount as is necessary to pay the expense of maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district, and shall certify their assessment to the board of supervisors of the county in which the land lies; and it shall thereupon become and be the duty of the board of supervisors to levy a tax in accordance with such assessment sufficient to meet said expense of maintaining, clearing out, and keeping in repair the ditches of said district. The said tax levied shall be apportioned to and levied on each tract of land or other property in said district in proportion to the original and supplemental benefits assessed for construction, or as otherwise provided by law. As soon as the said tax levy is made, the secretary of the commission, at the expense of the district, shall prepare an assessment record of the district, which may contain any number of columns therein, in which may be inscribed the tax levied each year. He shall place therein the amount of the levy for the year, and the said record shall be certified by the commissioners, attested by the seal of the district, and filed with the tax collector of the county in which the land is located. The said secretary shall make a copy for each county in which any lands of the district may be situated, but only the lands situated in the county need be inscribed therein. Any person aggrieved at the action of the board of supervisors in levying the tax herein provided shall have the same right of appeal as is provided by law for appealing from the action of said board in levying county taxes. All taxes hereunder assessed and levied shall be collected at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment thereof as for nonpayment of state and county taxes. In the event a drainage ditch shall be totally destroyed by the construction of public levees, the drainage district commissioners shall strike the land affected by such destruction from the assessment rolls of the district; but such action shall in no way affect the lien of the bondholders of the district upon such land.
Miss. Code Ann. § 51-4-21.8 — MS Code / Title 51 / Chapter 3 / Section 4-21.8
Miss. Code Ann. § 51-4-21.8
Status: in_force

In accordance with Section 51-4-7 , the Bogue Chitto River from the confluence with Boone Creek in Lincoln County to the Mississippi-Louisiana state line is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-13-153 — MS Code / Title 51 / Chapter 5 / Section 13-153
Miss. Code Ann. § 51-13-153
Status: in_force

It is hereby declared as a matter of legislative determination that the overflow and inundation of sixteenth section lands or in lieu lands shall not constitute legal waste of such lands. The district shall pay a reasonable rental for the use of such lands to be overflowed, to be determined as provided by law in such cases. Any sixteenth section lands that have been flooded shall be reforested before this project shall ever be abandoned.
Miss. Code Ann. § 51-29-97 — MS Code / Title 51 / Chapter 27 / Section 29-97
Miss. Code Ann. § 51-29-97
Status: in_force

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

The State Auditor of Public Accounts or his assistant may annually audit the books, financial report and expenditures of the commission in the same manner that such officer audits other boards and commissions; and the same powers and duties which such officer exercises or enjoys with respect to other boards and commissions shall be exercised and performed in the same manner in his audit of drainage district commissions. A fee of not exceeding Thirty Dollars ($30.00) per man hour for the time required to conduct each audit shall be paid by each drainage district audited under this section. All such fees shall be paid into the State Department of Audit Fund. Upon the recommendation of the Director of the State Department of Audit, the State Auditor shall appoint auditors on a temporary or permanent status to perform drainage district audits. The State Auditor shall not audit dormant districts which have no income or disbursements during any year.
Miss. Code Ann. § 51-35-7 — MS Code / Title 51 / Chapter 33 / Section 35-7
Miss. Code Ann. § 51-35-7
Status: in_force

The commissioners of any drainage districts entering into such agreements as are herein provided are authorized and empowered to fix and levy an annual ad valorem tax of not exceeding two mills on the dollar upon all of the real and personal property in the district, for the purpose of defraying the costs of maintenance of flood control works and the costs of location, relocation, building, and rebuilding of roads and highways without the limits of the district. Such levy shall be certified by the commissioners to the board of supervisors of the proper county before the time fixed by law for the levying of county taxes; and the board of supervisors shall, at the time fixed for the levying of county taxes, levy such tax and certify said levy to the tax collector, who shall collect such taxes as other taxes of the county are collected.
Miss. Code Ann. § 51-7-45 — MS Code / Title 51 / Chapter 7 / Section 7-45
Miss. Code Ann. § 51-7-45
Status: in_force

On hearing, the chancery court shall hear the cause in the same manner as other causes in chancery, and shall dissolve or refuse to dissolve said district as shall appear in the best interests of the landowners, and shall enter an order accordingly. If an order of dissolution is entered, the court shall decree that no further expenses shall be incurred by the district, and all papers, records and documents of the district shall be deposited with the chancery court by the commissioners within fifteen days after said order. Costs of the dissolution proceeding in event of dissolution, including solicitors fees as might be allowed by the court, shall be assessed and taxed by the court to be collected in the same manner as other taxes and assessments of the district; but in event the district is not dissolved, all costs including solicitors fees shall be assessed against the petitioners.
Miss. Code Ann. § 51-9-189 — MS Code / Title 51 / Chapter 3 / Section 9-189
Miss. Code Ann. § 51-9-189
Status: in_force

This act is for the purpose of authorizing the Pearl River Valley Water Supply District to construct, maintain and operate a water treatment plant and regional water distribution system to ensure an adequate and sanitary water supply for the Jackson metropolitan area. This act may be cited as the “Metropolitan Area Water Supply Act”.
Miss. Code Ann. § 51-15-3 — MS Code / Title 51 / Chapter 1 / Section 15-3
Miss. Code Ann. § 51-15-3
Status: in_force

The Pat Harrison Waterway Commission is hereby authorized and empowered to do any and all things necessary and desirable in making a survey or surveys of the Pascagoula, Leaf, and Chickasawhay Rivers, the Tallahala Creek, and their tributaries in co-operation with the federal government and other agencies of the State of Mississippi; to promote the establishment of barge canals linking the cities of Meridian, Hattiesburg, Laurel, and other cities and communities along the Pascagoula, Leaf, and Chickasawhay Rivers, the Tallahala Creek, and their tributaries with the Gulf of Mexico. Each county represented on said commission, or two or more such counties acting in concert, pursuant to a plan to be approved by said commission, are authorized to improve all or any part of such waterways within said county or counties for navigation or flood control purposes.
Miss. Code Ann. § 51-29-127 — MS Code / Title 51 / Chapter 29 / Section 29-127
Miss. Code Ann. § 51-29-127
Status: in_force

When lands in an existing district, and which have been assessed for benefits, are acquired for rights of way by such districts for canals, ditches, levees, floodways, by-passes, or other necessary drainage purposes, assessments already levied or that may be levied against such land to pay its proportion of outstanding bonds or other obligations of the existing district, including all interest to accrue thereon, shall be assumed and paid by the new district so taking or so acquiring such land, in the proportion that its value, as fixed by condemnation, shall bear to the value of the land included in the entire district.
Miss. Code Ann. § 51-8-59 — MS Code / Title 51 / Chapter 4 / Section 8-59
Miss. Code Ann. § 51-8-59
Status: in_force

The provisions of this chapter, without reference to any other statute or statutes, shall be deemed to be full and complete authority for the creation of such districts and for the issuance of such bonds. No proceedings shall be required for the creation of such districts or for the issuance of such bonds other than those provided for and required herein. All the necessary powers to be exercised by the governing bodies of member local governing units and by the board of commissioners of any such district, in order to carry out the provisions of such sections, are hereby conferred.
Miss. Code Ann. § 51-39-23 — MS Code / Title 51 / Chapter 39 / Section 39-23
Miss. Code Ann. § 51-39-23
Status: in_force

The board may contract with any member to provide support services. Any member may contract with or as part of their service contract with the district to provide any staff support, administrative and operational services as it deems advisable and on any terms as may be mutually agreed.
Miss. Code Ann. § 51-8-31 — MS Code / Title 51 / Chapter 2 / Section 8-31
Miss. Code Ann. § 51-8-31
Status: in_force

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

(a) To sue and be sued;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) To secure connection to or participation in the services provided by the district, including the power to obtain mandatory or prohibitory injunctive relief; provided, however, that the authority of the board of commissioners shall not be exercised in conflict with the regulatory and enforcement authority of the Commission on Natural Resources.
Miss. Code Ann. § 51-29-129 — MS Code / Title 51 / Chapter 27 / 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. § 51-29-109 — MS Code / Title 51 / Chapter 25 / Section 29-109
Miss. Code Ann. § 51-29-109
Status: in_force

As a part of the cost of the organization and conduct of a drainage district, the chancellor may tax his own traveling and hotel expenses in deciding all hearings provided for in this chapter, when such hearings are had before the chancellor in vacation. Such traveling expenses shall be paid to the chancellor upon his filing an itemized statement thereof with the said drainage commission.
Miss. Code Ann. § 51-31-101 — MS Code / Title 51 / Chapter 27 / Section 31-101
Miss. Code Ann. § 51-31-101
Status: in_force

Any person who shall wrongfully or purposely fill up, cut, injure, destroy, or in any manner injure or impair the usefulness of any drain, ditch, or other work constructed under drainage laws shall be guilty of a misdemeanor, may be fined in any sum not exceeding one hundred dollars ($100.00), and shall be liable for double the expense occasioned by repairing the same or removing such obstruction, to be recovered at the suit of the proper drainage district.
Miss. Code Ann. § 51-9-221 — MS Code / Title 51 / Chapter 2 / Section 9-221
Miss. Code Ann. § 51-9-221
Status: in_force

The state hereby covenants with the registered owners of any bonds of the district that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of the district under this act to conduct the activities referred to herein in any way pertinent to the interests of the bondholders including, without limitation, the district's right to charge and collect rates, fees and charges and to fulfill the terms of any covenants made with the registered owners of the bonds, or in any other way impair the rights and remedies of the registered owners of the bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.
Miss. Code Ann. § 51-29-61 — MS Code / Title 51 / Chapter 29 / Section 29-61
Miss. Code Ann. § 51-29-61
Status: in_force

All contractors shall be required to give a performance bond and a payment bond, which may be in one or in separate instruments, for the faithful performance of such contract as may be awarded them, with good and sufficient sureties in amounts to be fixed by the board of commissioners; and the board of commissioners shall not remit or excuse the penalty or forfeiture of said bond or bonds or the breaches thereof. The board of commissioners may appoint all necessary agents for carrying on the work and may fix their pay. They may buy all necessary material and implements as may be on hand and which may be necessary for the completion of the improvements under way, or which have been completed; and may in general, make all such contracts in the prosecution of the work as may best serve the public interest. It shall be the duty of the board of commissioners to have the amount of any work done by the contractor estimated from time to time, as may be desirable, by the engineer selected by the board of commissioners; and said board shall draw its warrants in favor of the contractor for not more than ninety per cent (90%) of the work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.
Miss. Code Ann. § 51-13-125 — MS Code / Title 51 / Chapter 5 / 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. § 51-33-87 — MS Code / Title 51 / Chapter 33 / Section 33-87
Miss. Code Ann. § 51-33-87
Status: in_force

All funds received by the receiver, either as payments made by the landowners or by sale of the land as authorized in Section 51-33-83 , shall constitute a trust fund in the hands of said receiver for the use and benefit of the bond and judgment holders entitled thereto. The receiver shall make report to court annually and from time to time as the court may order, showing the amount of assessments by him collected. Out of the funds so collected, the court shall order all costs paid. Ten per cent (10%) of the amount collected under said receivership shall, by said receiver, be paid into the state treasury to the credit of the department of audit fund; and the balance remaining shall be paid to the bond and judgment holders entitled thereto in proportion to their respective valid and legal holdings. When all assessed benefits become due and the receiver has collected all that can be collected, either by payment by the landowners or by sale of the land, he shall make final report; and upon paying out all funds in accordance with the orders of the court, the receiver may be finally discharged. Upon the discharge of said receiver, the status quo of the drainage district shall be reestablished by order of the court, or said district may be dissolved as by law permitted.
Miss. Code Ann. § 51-4-5 — MS Code / Title 51 / Chapter 3 / Section 4-5
Miss. Code Ann. § 51-4-5
Status: in_force

The Legislature finds that certain selected streams and stream segments of this state possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values. It is the policy of the Legislature to provide for the protection of these streams and to conserve the state's natural heritage for the benefit and enjoyment of present and future generations, while preserving the private property rights of riparian landowners.

There is a necessity for a rational balance between the use of these streams and the conservation of the natural beauty along these streams. The Legislature finds that this balance will best be achieved through a nonregulatory voluntary stewardship program emphasizing local education, participation and support. The primary goal of the program is to maximize voluntary private conservation efforts and to build and maintain a sense of stewardship among stream users and riparian landowners. To accomplish this goal, the program must provide a nonregulatory framework to obtain cooperative, voluntary management agreements with riparian landowners to maintain scenic values while ensuring the rights of riparian landowners to continue customary uses along the stream.
Miss. Code Ann. § 51-31-109 — MS Code / Title 51 / Chapter 26 / Section 31-109
Miss. Code Ann. § 51-31-109
Status: in_force

The chancellor or any master appointed by the chancellor shall be entitled to receive and shall tax against the drainage district, as a part of the costs, all expenses incurred by the chancellor or master on account of hearing, considering, and determining any and all matters connected with the organization of such drainage district. In addition to receiving his traveling and other expenses, the master shall receive such additional compensation as shall be allowed him by the chancellor.
Miss. Code Ann. § 51-4-21.3 — MS Code / Title 51 / Chapter 2 / Section 4-21.3
Miss. Code Ann. § 51-4-21.3
Status: in_force

In accordance with Section 51-4-7 , the Pascagoula River from the confluence of the Chickasawhay and Leaf Rivers in George County to its mouth in Jackson County is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-31-29 — MS Code / Title 51 / Chapter 17 / Section 31-29
Miss. Code Ann. § 51-31-29
Status: in_force

Upon the day set for hearing said petition or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same; and if the contestants file a petition signed by one third of the landowners in such proposed district owning more than one half of the lands in said district, then said original petition shall be dismissed. The court shall first determine whether the petition filed by the contestants is signed by persons of lawful age who represent one third of the landowners in such proposed district owning more than one half of the lands in said district. If it is so signed, the court or chancellor shall enter an order dismissing the original petition. If it is not so signed, then at the first hearing on the original petition the only questions to be passed upon by the court shall be: first, whether the petition is signed by the number of qualified signers required by this chapter; second, whether the required notices by publications, mail, and posting have been given; third, whether the lands of said proposed drainage district or any part thereof required a combined system of drainage; fourth, whether the creation of the district would meet a public necessity and would be conducive to the public welfare. If the court or chancellor shall find in favor of the petitioners upon all of these points, he shall enter an order to that effect, refer the said petition to the drainage commissioners of said county for proceedings thereon in compliance with this chapter, and fix a day upon which such commissioners shall meet to consider the same, and investigate the lands in the said proposed drainage district. All deeds made for the purpose of defeating or aiding the prayer of such petition, not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this chapter; and the holders thereof shall not be considered as owners thereof in construing the provisions hereof. Upon said first hearing if the court or chancellor shall find that said petition is not signed as required by this chapter or that notices have not been given as required thereby, the court or chancellor may allow the petitioners to amend the same or may continue said petition for further hearing, with leave to the petitioners to give proper affidavit of any two or more signers of the said petition that they have examined said petition, that they are acquainted with the land and locality of such proposed district, and that such petition is signed by the number of landowners required by this chapter who are of lawful age. Such affidavit may be taken by the court or chancellor as prima facie evidence of the facts therein stated.

If the court or chancellor shall find against the petitioners upon any one or more of the points above provided, then said petition shall be dismissed; and in any dismissal under this section, all costs shall be adjudged against the petitioners for the organization of said proposed drainage district.
Miss. Code Ann. § 51-9-117 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-91 — MS Code / Title 51 / Chapter 27 / Section 31-91
Miss. Code Ann. § 51-31-91
Status: in_force

When it shall become necessary, in the course of the construction of the work being done by the drainage commissioners, to pass through said right of way in the manner and according to plans theretofore filed as above provided, it shall be the duty of the drainage commissioners to give notice in writing to said railroad company of its desire to cross said right of way with its construction work on some approximate date, which shall not be less than sixty days from the date of such notice. Said notice shall be served upon any agent or employee of said railroad company upon whom, under the laws of the state, service of process may be had; and the commissioners shall at the same time pay or tender to said railroad company such costs and damages as may have been adjudged against the drainage district, as hereinbefore provided. It shall thereupon be the duty of the railroad company within a reasonable time to complete such construction work across its right of way, according to the aforesaid plans and specifications under the supervision of the engineer employed by said drainage commissioners, or to permit same to be done by the drainage commissioners. Should the railroad company fail, neglect, or refuse to do and perform in good faith said work within the time fixed by said drainage commissioners for the performance thereof, or to permit same to be done, it shall be liable to the drainage district and all persons for any damage it or they may sustain by reason of such failure, and said railroad company may be compelled to perform such work by mandatory injunction issued at the instance of the drainage commissioners. This section shall not be so construed as to prohibit the drainage commissioners from acquiring such right of way by the regular eminent domain proceeding if they so elect, or as otherwise provided in this chapter.
Miss. Code Ann. § 51-31-91 — MS Code / Title 51 / Chapter 26 / Section 31-91
Miss. Code Ann. § 51-31-91
Status: in_force

When it shall become necessary, in the course of the construction of the work being done by the drainage commissioners, to pass through said right of way in the manner and according to plans theretofore filed as above provided, it shall be the duty of the drainage commissioners to give notice in writing to said railroad company of its desire to cross said right of way with its construction work on some approximate date, which shall not be less than sixty days from the date of such notice. Said notice shall be served upon any agent or employee of said railroad company upon whom, under the laws of the state, service of process may be had; and the commissioners shall at the same time pay or tender to said railroad company such costs and damages as may have been adjudged against the drainage district, as hereinbefore provided. It shall thereupon be the duty of the railroad company within a reasonable time to complete such construction work across its right of way, according to the aforesaid plans and specifications under the supervision of the engineer employed by said drainage commissioners, or to permit same to be done by the drainage commissioners. Should the railroad company fail, neglect, or refuse to do and perform in good faith said work within the time fixed by said drainage commissioners for the performance thereof, or to permit same to be done, it shall be liable to the drainage district and all persons for any damage it or they may sustain by reason of such failure, and said railroad company may be compelled to perform such work by mandatory injunction issued at the instance of the drainage commissioners. This section shall not be so construed as to prohibit the drainage commissioners from acquiring such right of way by the regular eminent domain proceeding if they so elect, or as otherwise provided in this chapter.
Miss. Code Ann. § 51-13-125 — MS Code / Title 51 / Chapter 7 / 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. § 51-8-39 — MS Code / Title 51 / Chapter 2 / 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. § 51-29-155 — MS Code / Title 51 / Chapter 17 / Section 29-155
Miss. Code Ann. § 51-29-155
Status: in_force

Nothing in Sections 51-29-145 through 51-29-157 , nor in any proceedings had under the provisions thereof, shall have the effect of impairing, releasing, or abrogating the lien of the principal of, or interest on, any outstanding bonds, notes, or other obligations of any of the said several drainage districts referred to herein. Such liens are hereby expressly retained and preserved, and the property of any of said drainage districts having any such bonds, notes, or other obligations outstanding at the time of said consolidation shall continue and remain liable for taxation as theretofore for the payment thereof as the same mature and become due. It shall be the duty of said board of commissioners of said consolidated district annually to cause to be levied taxes against said property in any such district, sufficient to pay and discharge any such bonds, notes, or other obligations of such district as they mature and become due.
Miss. Code Ann. § 51-7-47 — MS Code / Title 51 / Chapter 7 / Section 7-47
Miss. Code Ann. § 51-7-47
Status: in_force

Upon dissolution all powers of the district and its commissioners shall cease, except that any just claim, contract, or obligation shall not be impaired, and persons holding such claims shall, on notice of the dissolution as provided herein, file any such claim as they may have in the court; and the chancery court shall, upon the hearing for dissolution, pass upon such claims and order any assessment or levy as provided for other assessments to pay such claim in the event same shall be found justified, due, and owing by the district.
Miss. Code Ann. § 51-31-5 — MS Code / Title 51 / Chapter 25 / 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. § 51-13-115 — MS Code / Title 51 / Chapter 2 / Section 13-115
Miss. Code Ann. § 51-13-115
Status: in_force

The Tombigbee River Valley Water Management District is authorized to establish or otherwise provide for public parks and recreation facilities and for the preservation of fish and wildlife, and to acquire land otherwise than by condemnation except as provided in subsection (e) of Section 51-13-111 for such purposes, within the project area.
Miss. Code Ann. § 51-9-191 — MS Code / Title 51 / Chapter 4 / 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. § 51-8-59 — MS Code / Title 51 / Chapter 5 / Section 8-59
Miss. Code Ann. § 51-8-59
Status: in_force

The provisions of this chapter, without reference to any other statute or statutes, shall be deemed to be full and complete authority for the creation of such districts and for the issuance of such bonds. No proceedings shall be required for the creation of such districts or for the issuance of such bonds other than those provided for and required herein. All the necessary powers to be exercised by the governing bodies of member local governing units and by the board of commissioners of any such district, in order to carry out the provisions of such sections, are hereby conferred.
Miss. Code Ann. § 51-25-4 — MS Code / Title 51 / Chapter 17 / Section 25-4
Miss. Code Ann. § 51-25-4
Status: in_force

The Yellow Creek Watershed Authority is hereby specifically authorized and empowered to contract with and to be contracted with by the Tennessee Valley Authority and any other agency or agencies of the federal government or of any state or subdivision thereof which may be of assistance in carrying out the purposes set forth herein, and to do any and all other things necessary or desirable in effectuating a plan for the comprehensive development of the resources of the said watershed, including but not limited to such subjects as agriculture, forestry, drainage and flood control, land reclamation, electric power utilization, irrigation, water conservation, recreation, public health and education, said program of development to be carried on in cooperation with the appropriate local, state and federal agencies. All agencies of the State of Mississippi are hereby authorized, empowered, and directed to extend their cooperation and assistance to the said Yellow Creek Watershed Authority in the formulation and implementation of the said program of development.
Miss. Code Ann. § 51-35-345 — MS Code / Title 51 / Chapter 33 / Section 35-345
Miss. Code Ann. § 51-35-345
Status: in_force

The board of directors of the district is hereby authorized and empowered to negotiate and contract with the United States of America, the State of Mississippi, or any political subdivision thereof concerning the location, relocation, alteration, construction, changing, or closing of any highway, street, bridge, or roadway, or for the facilities appurtenant thereto, and all lands, easements, and rights of way necessary thereto.
Miss. Code Ann. § 51-13-143 — MS Code / Title 51 / Chapter 2 / Section 13-143
Miss. Code Ann. § 51-13-143
Status: in_force

The board of directors of the Tombigbee River Valley Water Management District is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements, and rights of way necessary for the relocation of any federal road, highway, parkway, or for the facilities appurtenant thereto.
Miss. Code Ann. § 51-9-9 — MS Code / Title 51 / Chapter 4 / 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. § 51-9-153 — MS Code / Title 51 / Chapter 2 / Section 9-153
Miss. Code Ann. § 51-9-153
Status: in_force

The Pearl River Valley Water Supply District shall have authority to act jointly with political subdivisions of the state and agencies, commissions, and instrumentalities thereof, with other states, with municipalities, and with the federal government and other agencies thereof, in the performance of the purposes and services authorized in this article, upon such terms as may be agreed upon by the directors.
Miss. Code Ann. § 51-31-113 — MS Code / Title 51 / Chapter 29 / 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. § 51-31-85 — MS Code / Title 51 / Chapter 25 / Section 31-85
Miss. Code Ann. § 51-31-85
Status: in_force

In laying out such proposed work and drains and ditches, the commissioners shall have the right to take and use any ditches heretofore constructed in any part of said district by any landowner owning the same. If any such ditches existing prior to the organization of such district shall be of any value to the said district, the said commissioners shall have the power to allow the said landowner reasonable compensation for the value thereof, which shall be put down on the assessment roll as a credit for ditches already constructed.
Miss. Code Ann. § 51-9-195 — MS Code / Title 51 / Chapter 8 / Section 9-195
Miss. Code Ann. § 51-9-195
Status: in_force

Payments by any public agency for water supplies from the waterworks or water supply system owned or operated by the district shall be made from the gross receipts or revenues of the public agency's waterworks, water supply system, or of its combined waterworks, water supply, sewerage and sewage disposal systems, as may be prescribed in the contract between the public agency and the district, its successors or assigns, or as otherwise authorized by law. Such payments shall constitute an operating expense of the system or systems whose revenues are thus to be applied. No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of waterworks or a water supply system or any part thereof owned or operated by such public agency. Payments made or to be made to the district pursuant to any contract authorized by this act shall not be subject to approval or review by the Mississippi Public Service Commission.
Miss. Code Ann. § 51-13-3 — MS Code / Title 51 / Chapter 9 / Section 13-3
Miss. Code Ann. § 51-13-3
Status: in_force

The Tombigbee Valley Authority is hereby authorized and empowered to do any and all things necessary or desirable in making a survey or surveys of that portion of the Tombigbee River situated in the State of Mississippi and its tributaries to investigate the possibilities of developing that portion of the Tombigbee River lying and being in Mississippi, which comprises a segment from the Tennessee River on the north through the States of Mississippi and Alabama to the Gulf of Mexico at Mobile, Alabama, in co-operation with the federal government and any and all agencies thereof assisting in such survey or proposed plans for projects which upon completion would lead to the industrial development of this state, to the opening of an additional inland waterway to the Gulf of Mexico, and to the control of the flood waters of the Tombigbee River in Mississippi. It is contemplated that plans be considered and surveys made for the opening of a water route from the northern headwaters of the Tombigbee River, and particularly the east branch of the Tombigbee River, its tributaries, and the Tennessee River as a part of the over-all plans to be considered by this authority.
Miss. Code Ann. § 51-9-137 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-81 — MS Code / Title 51 / Chapter 29 / 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. § 51-7-11 — MS Code / Title 51 / Chapter 3 / 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. § 51-7-71 — MS Code / Title 51 / Chapter 7 / Section 7-71
Miss. Code Ann. § 51-7-71
Status: in_force

The governing bodies of the several water management districts and waterway districts heretofore or hereafter organized under authority of law in the State of Mississippi are authorized and empowered to negotiate and contract with each other in the apportionment and distribution of tax proceeds accruing from ad valorem taxes authorized the several districts under authority of law, from a county which lies within two or more such water management or waterway districts.
Miss. Code Ann. § 51-29-155 — MS Code / Title 51 / Chapter 26 / Section 29-155
Miss. Code Ann. § 51-29-155
Status: in_force

Nothing in Sections 51-29-145 through 51-29-157 , nor in any proceedings had under the provisions thereof, shall have the effect of impairing, releasing, or abrogating the lien of the principal of, or interest on, any outstanding bonds, notes, or other obligations of any of the said several drainage districts referred to herein. Such liens are hereby expressly retained and preserved, and the property of any of said drainage districts having any such bonds, notes, or other obligations outstanding at the time of said consolidation shall continue and remain liable for taxation as theretofore for the payment thereof as the same mature and become due. It shall be the duty of said board of commissioners of said consolidated district annually to cause to be levied taxes against said property in any such district, sufficient to pay and discharge any such bonds, notes, or other obligations of such district as they mature and become due.
Miss. Code Ann. § 51-4-23.9 — MS Code / Title 51 / Chapter 1 / 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. § 51-29-123 — MS Code / Title 51 / Chapter 26 / Section 29-123
Miss. Code Ann. § 51-29-123
Status: in_force

Such district shall have the right to acquire and own in fee simple, within the confines of such district, all necessary rights of way for floodways, by-passes, ditches, canals, levees, and other necessary work or improvements, by purchase or condemnation as now provided by law within the district; and it may sell, lease, or otherwise dispose of same, subject to drainage purposes and easements of the district, or it may rent or lease for cash, or part of crops, such parts of its right of way as are susceptible of growing and producing crops, the income therefrom to be used for the maintenance of the improvements of the district.
Miss. Code Ann. § 51-31-89 — MS Code / Title 51 / Chapter 31 / Section 31-89
Miss. Code Ann. § 51-31-89
Status: in_force

If in the organization of any drainage district and thereafter in the construction of ditches, drains, or other improvements, it shall be necessary to cross under or through any railroad or the right of way thereof, the same may be accomplished in the following manner: Upon filing of the report of the commissioners as to assessments and benefits and damages, they shall make a special report showing the proposed plans, manner, and character of the work as proposed in passing through such right of way, together with an estimate of the costs of same, including all damages that will be sustained by the railroad by virtue of the construction of the proposed work; and upon the hearing of such commissioner's report, it shall be the duty of said railroad company to appear and show cause why said report should not be confirmed, as other parties interested are required to appear and on the same notice. In such showing it shall be the duty of the railroad company to file with the court, on or before the time set for the hearing, its estimate of the costs of the proposed work, including all damage that will be sustained by it by doing the proposed work. The court or chancellor in vacation shall determine the amount of such costs and damages to the railroad, and said finding shall be final and conclusive adjudication of such matters, unless appealed from in the manner provided for appeals under this chapter. The prosecution of an appeal shall not prevent the drainage commissioners constructing the work as proposed through the railroad right of way, whenever in their discretion it is necessary to do said work. Before beginning the construction of such work through such right of way, the drainage commissioners shall pay to the railroad company, or the chancery clerk for it, the amount of damages adjudicated against the district in the decree appealed from.
Miss. Code Ann. § 51-41-21 — MS Code / Title 51 / Chapter 39 / Section 41-21
Miss. Code Ann. § 51-41-21
Status: in_force

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

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

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

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

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

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

(b) Be in such form and denominations;

(c) Have such date or dates;

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

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

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

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

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

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

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

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

(9) All bonds issued by a water authority may be validated upon the direction of the board under Sections 31-13-1 through 31-13-11 . The validation hearing shall be held in the county in which the principal office of the water authority is located.
Miss. Code Ann. § 51-31-103 — MS Code / Title 51 / Chapter 26 / Section 31-103
Miss. Code Ann. § 51-31-103
Status: in_force

Where a county farm owned by any county lies within any drainage district and would be benefited thereby, the board of supervisors are authorized in their discretion to pay out of the general county fund the pro rata of tax for which such county lands should be taxed if owned by individuals.
Miss. Code Ann. § 51-29-29 — MS Code / Title 51 / Chapter 17 / Section 29-29
Miss. Code Ann. § 51-29-29
Status: in_force

Said commissioners shall proceed to assess the land within the district and shall inscribe in a book the description of each tract of land, the benefit to accrue to each tract by reason of such improvement, and shall enter such assessments of benefits opposite the description, together with an estimate of what the landowner will probably have to pay on such assessment for the first year. The assessment shall embrace not merely the land, but all railroad and other improvements on lands which will be benefited by the drainage system. In preparing the description of the lands so assessed, the commissioners may use either (1) the descriptions of lands and subdivisions thereof as shown on the official United States Government surveys and plats of lands within the district; (2) the descriptions of lands and subdivisions thereof as shown upon any plat of lands within the district and recorded upon the land records of the county in which said lands are located; (3) any metes and bounds descriptions found in the latest filed conveyance of said lands and of record in the records of deeds of the county in which said lands are located, and in such case it shall be sufficient to describe said lands by stating the number of acres and the general location of the land within the section, together with the book and page numbers of said conveyance. They shall place opposite each tract of land the name of the supposed owner, as shown by the last county land assessment roll; but a mistake in the name shall not vitiate the assessment. If any landowner or private corporation or any other drainage district has dug ditches or made drainage work that can be profitably used as a part of the general proposed system, the value of such ditches or drainage work to the district shall be assessed by said commissioners and shall appear upon the assessment and be paid for by the district, either in cash or by reduction of assessment. The commissioners shall also assess and place upon said roll or book of assessment, opposite each tract of land, all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged; and when said commissioners return no assessment of damages as to any tract of land, it shall be deemed a finding by them that no damages will be sustained. If the commissioners, at any time either before or after the organization of the district, find that other land not embraced within the boundaries of the district will be benefited by the proposed improvement or improvements already made, they shall assess the estimated benefit to such lands and shall specially report to the chancery court, or chancellor in vacation, the assessments which they have made on land beyond the boundaries of the district, as already established. It shall thereupon be the duty of the clerk of the chancery court to give notice by two (2) weekly insertions in a newspaper published in the county where such lands lie describing the additional lands which have been assessed; and the owners of real property so assessed shall be allowed not less than ten (10) days after the last publication of such notice in which to file with the clerk of the chancery court their protest against being so assessed, or included within the district. The chancery court, or chancellor in vacation, shall, at its next succeeding session after the time for filing of such protest shall have expired, investigate the question whether the lands beyond the boundaries of the district so assessed by the commissioners will in fact be benefited by the making of the improvement, and from its finding in that regard, either the property owner or the commissioners of the district may, within twenty (20) days appeal to the supreme court. If the finding is in favor of the commissioners, the limits of the district shall be extended so as to embrace any lands that may be benefited by the making of the improvement. When their assessment is completed, the commissioners shall subscribe such assessment and deposit it with the clerk of the chancery court where it shall be kept and preserved as a public record; provided that, for the purpose of providing funds with which to clean out, restore, repair and rehabilitate the whole or any part of the drainage system of such district or for the purpose of cooperating with the United States or any agency thereof in such works, there may be imposed a uniform assessment on each acre of unsubdivided land lying within the district, and a uniform assessment by lot on subdivided land lying within the district, and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits to accrue to each tract. Taxes levied hereunder are hereby declared to be taxes for maintenance purposes and shall not diminish in any manner the amount of assessed benefits in any such district which is otherwise available for the payment of any outstanding bonds of such district.

The assessments provided for in this section may be made even though evidences of indebtedness have been issued or validated or both prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby.
Miss. Code Ann. § 51-9-151 — MS Code / Title 51 / Chapter 9 / Section 9-151
Miss. Code Ann. § 51-9-151
Status: in_force

The board of directors of the Pearl River Valley Water Supply District is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements, and rights of way necessary for the relocation of any federal road, highway, parkway, or for the facilities appurtenant thereto.