Miss. Code Ann. § 51-9-122 — MS Code / Title 51 / Chapter 2 / Section 9-122
Miss. Code Ann. § 51-9-122
Status: in_force

(1) At any time more than fifteen (15) years after the commencement date of any residential lease from the district, the leaseholder shall have the option to renew and extend the lease for a new sixty-year term by giving the district notice of his exercise of this option to renew.

(2) At any time after the first fifteen (15) years of the term of any residential lease, the then present lessee may obtain from the district a new sixty-year lease on the terms and conditions contained in the then current lease form approved for use in residential leases with the exception of rent. Rent under such sixty-year leases will be payable on the same annual payment date as rent under the lease being renewed. The maximum annual rental under the new lease will be determined by the district as follows:

(a) Renewal of Leases with Fixed Rental (non-escalating): The district will recompute the annual rental due under the lease being renewed as if the lease had contained annual rents at the fixed amount stated in the lease for the first ten-year period, escalating thereafter at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five-year period. The annual rental which would have been payable as of the renewal date will be the annual rent payable for the first ten-year period of the renewed lease. Annual rental will escalate thereafter at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five (5) years. Recomputed annual rental will be payable from and after the first day of the renewed lease term and not for the period prior to renewal.

(b) Renewal of Leases with Escalating Rental: Annual rental will remain payable in accordance with the terms of the lease being renewed with rental continuing to escalate at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five (5) years during the renewed term.

(3) The district will charge a reasonable non-refundable fee for preparation of the renewal lease. The Lessee will be responsible for obtaining the consent of any mortgage holder to the lease modification.

(4) At any time a lessee is found to be in default or in breach of the terms and conditions contained in the lease, the district shall give thirty (30) days written notice to such lessee before terminating the lease. Such notice shall be by certified mail and shall specifically state the default or breach. If the lessee does not cure the default or breach within thirty (30) days of such notice, then the district shall give written notice to the holder of any mortgage or deed of trust on the leasehold and such holder shall thereupon have thirty (30) days to cure the default or breach before the lease is terminated.
Miss. Code Ann. § 51-15-105 — MS Code / Title 51 / Chapter 15 / Section 15-105
Miss. Code Ann. § 51-15-105
Status: repealed

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

(a) [Repealed]

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

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

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

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

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

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

(5) Each director shall meet with the board of supervisors of the county from which he is appointed at least twice a year at reasonable times established by the board of supervisors.
Miss. Code Ann. § 51-4-23.3 — MS Code / Title 51 / Chapter 3 / Section 4-23.3
Miss. Code Ann. § 51-4-23.3
Status: in_force

Chunky Creek in Newton County from the confluence of Chunky Creek and Tallasher Creek, and the Chunky River in Newton, Lauderdale and Clarke Counties to the junction with the Chickasawhay River in Clarke County, which were designated as eligible for nomination to the state Scenic Streams Stewardship Program under Section 51-4-21.2 , are designated as state scenic streams and are included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-31-65 — MS Code / Title 51 / Chapter 31 / Section 31-65
Miss. Code Ann. § 51-31-65
Status: in_force

It shall be the duty of the board of supervisors of each county in which land is located, on the recommendation of the drainage commissioners, to make a levy each year on the lands lying in their respective counties in accordance with such assessments and levies sufficient to meet bond obligations of any district issued by authority of law.
Miss. Code Ann. § 51-31-47 — MS Code / Title 51 / Chapter 25 / Section 31-47
Miss. Code Ann. § 51-31-47
Status: in_force

When the commissioners shall have completed their assessments of damages and benefits, they shall file the same with the clerk of the chancery court; and the clerk is authorized to set down and fix a time for the hearing of objections to such assessments, at the request of said commissioners, at any time that the court or chancellor in vacation may be able to hear the same as herein provided. The clerk shall cause a notice to be published at least once a week for two successive weeks, of the time set for hearing objections to such assessments, which time for hearing shall not be less than fifteen days nor longer than thirty days from the time of filing the same, unless a longer time shall be ordered by the court or chancellor or requested by the commissioners. Said publication shall be made in any newspaper published in the county, if there be one published in the county where the cause is pending; otherwise, by posting written notices in ten public places in the district, and shall be sufficient, and the only notice required of the filing of said assessment roll and the time set for hearing objections thereto.
Miss. Code Ann. § 51-39-1 — MS Code / Title 51 / Chapter 39 / Section 39-1
Miss. Code Ann. § 51-39-1
Status: in_force

This chapter shall be known and cited as the “Mississippi Storm Water Management District Act.”
Miss. Code Ann. § 51-9-176 — MS Code / Title 51 / Chapter 2 / Section 9-176
Miss. Code Ann. § 51-9-176
Status: in_force

At the request of a Mississippi municipality, county, other legal political subdivision of the state or a Mississippi state agency, federal agency, or under a declaration of a state of emergency or disaster by the Governor or the President of the United States, the officers of the Pearl River Valley Water Supply District Reservoir Police may render law enforcement services including search and rescue using Pearl River Valley Water Supply District Reservoir Police equipment. Officers of the Pearl River Valley Water Supply District Reservoir Police may also participate in joint multijurisdictional training exercises, multijurisdictional law enforcement operations and multijurisdictional search and rescue operations. The officers may exercise the law enforcement authority granted under Section 51-9-175 in the jurisdiction of the training, operation or emergency. The Pearl River Valley Water Supply District Reservoir Police, with the approval of the governing board, may enter into agreements with jurisdictions regarding the circumstances in which emergency assistance may be provided and administered. Unless otherwise directed by an agreement, officers will remain under the authority of the Pearl River Valley Water Supply District Reservoir Police Chief or to whomever and to what level of authority is delegated by the Pearl River Valley Water Supply District Reservoir Police Chief or by assignment through the National Incident Management System or by the stated declaration of disaster or emergency. The Pearl River Valley Water Supply District Reservoir Police may seek reimbursement for services and related expenses if available.
Miss. Code Ann. § 51-13-133 — MS Code / Title 51 / Chapter 7 / Section 13-133
Miss. Code Ann. § 51-13-133
Status: in_force

All bonds issued pursuant to this article shall be validated as now provided by law of Sections 31-13-1 through 31-13-11, Mississippi Code of 1972 . The services of the state's bond attorney may be employed in the preparation of such bond resolutions, forms or proceedings as may be necessary, for which he shall be paid a reasonable fee. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the district is located, but notice of such validation proceedings shall be published at least two times in a newspaper of general circulation and published in each of the counties comprising the Tombigbee River Valley Water Management District, the first publication of which in each case shall be made at least ten days preceding the date set for the validation.
Miss. Code Ann. § 51-9-197 — MS Code / Title 51 / Chapter 9 / Section 9-197
Miss. Code Ann. § 51-9-197
Status: in_force

Whenever a public agency shall have executed a contract pursuant to this act and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's waterworks, water supply system, sewerage system or sewage disposal system or a combination of such systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rates charged by the public agency for the services of such system or systems, such that the revenues therefrom together with any taxes levied in support thereof will be sufficient at all times to pay: (a) the expense of operating and maintaining such system or systems including all of the public agency's obligations to the district, its successors or assigns under such contract; and (b) all of the public agency's obligations under and in connection with revenue bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such system or systems. Any such contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates are to be adjusted.
Miss. Code Ann. § 51-8-61 — MS Code / Title 51 / Chapter 7 / Section 8-61
Miss. Code Ann. § 51-8-61
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district, the earnings for the fiscal year just ended, a statement of the water and sewer rates being charged and a brief statement of the method used in arriving at such rates. Such statement shall also be filed with the local governmental units creating the district.
Miss. Code Ann. § 51-11-103 — MS Code / Title 51 / Chapter 5 / Section 11-103
Miss. Code Ann. § 51-11-103
Status: in_force

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

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

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

(4) The liability of a county for any financial obligations or indebtedness to the district occurring or accruing before the dissolution of the district, including, but not limited to, the responsibility for paying its portion of any district bonds and other contractual obligations, and making annual payments to the district as set forth in Section 51-11-31 , shall continue in existence after the district is dissolved and shall be payable by the county to the department. The department is authorized to take such actions as necessary to collect any financial obligations of a county to the district that are still outstanding after the district is dissolved.
Miss. Code Ann. § 51-13-129 — MS Code / Title 51 / Chapter 7 / Section 13-129
Miss. Code Ann. § 51-13-129
Status: in_force

The board of supervisors of each county becoming a member of the Tombigbee River Valley Water Management District shall pay or cause to be paid to the depository of said district a sum equal to one-half ( 1 / 2 ) mill on all of the taxable property within the Tombigbee Watershed area of the said county, beginning with the tax assessment for the calendar year 1964; and such payments shall be made and continued as long as there remains unpaid and outstanding any bonded indebtedness or obligations created by the district so created under this article. Any such board of supervisors shall provide the district the sum equal to the one-half ( 1 / 2 ) mill levy by appropriation of an equivalent sum from the general fund of the county.
Miss. Code Ann. § 51-9-161 — MS Code / Title 51 / Chapter 7 / 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. § 51-29-57 — MS Code / Title 51 / Chapter 17 / Section 29-57
Miss. Code Ann. § 51-29-57
Status: in_force

If the tax first levied shall prove insufficient to complete the improvement, the commissioners shall report the amount of the deficiency to the board of supervisors, and the board of supervisors shall thereupon make another levy on the property previously assessed for a sum sufficient to complete the improvement, which shall be collected in the same manner as the first levy. When any work has been begun under the provisions of this chapter, which shall not be completed and paid for out of the first or other levy, it shall be the duty of the board of supervisors to make such levy for its completion, and from year to year until it is completed, provided that the total levy shall in no case exceed the value of the benefits assessed on said property. The performance of such duty may be enforced by mandamus at the instance of any person or board interested.
Miss. Code Ann. § 51-31-33 — MS Code / Title 51 / Chapter 29 / Section 31-33
Miss. Code Ann. § 51-31-33
Status: in_force

As soon as may be after such petition shall be referred to said commissioners, or within such time as the court or chancellor may direct, the commissioners shall meet and go upon said lands and examine the same, and the lands over which the work is proposed to be constructed, and determine: first, the starting point, route, and termini of the proposed work, the location and size of the main ditch to be constructed in said drainage district, which in their opinion will successfully drain the said lands, and whether the drainage of the lands in such proposed drainage district is possible or not, provided that any ditch already constructed in such proposed drainage district may be used as a “main”, or part of a main ditch, if found expedient and sufficient for the purposes of the district; second, the probable cost of same, including expenses and court costs; third, what land will be injured or damaged by the proposed work and the probable aggregate amount of damages such lands will sustain by reason of the laying out and construction of such ditch or ditches; fourth, what lands will be benefited by the construction of the proposed work, and whether the aggregate amount of benefits will equal or exceed the cost of the construction of such work. In the examination of such district and determination of the questions for said commissioners to determine, the said commissioners are authorized and empowered to employ an engineer to go with them upon the lands of said district and examine the same, make a map and profile thereof, and an estimate of the size and depth of the ditch or ditches required for main outlets for the drains of said lands, and the probable cost, and a profile thereof.
Miss. Code Ann. § 51-13-149 — MS Code / Title 51 / Chapter 13 / Section 13-149
Miss. Code Ann. § 51-13-149
Status: in_force

The accomplishment of the purposes stated in this article being for the benefit of the people of this state and for the improvement of their properties and industries, the district in carrying out the purposes of this article will be performing an essential public function and shall not be required to pay any tax or assessment on the projects and related facilities or any part thereof; and the interest on the bonds issued hereunder shall at all times be free from taxation within this state. The state hereby covenants with the holders of any bonds to be issued hereunder that the Tombigbee River Valley Water Management District shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.
Miss. Code Ann. § 51-35-307 — MS Code / Title 51 / Chapter 35 / Section 35-307
Miss. Code Ann. § 51-35-307
Status: in_force

Any municipality which may be, in whole or in part, a part of a proposed flood and drainage control district organized under the terms of this article, and when authorized by a resolution of a majority of its governing authorities, may petition the chancery court of the county in which the proposed district is located, or the chancery court of either county in which lands to be included in the proposed district are located if the lands to be included in the proposed district are located in two or more counties, to organize and establish a flood and drainage control district and shall set forth in the petition:

(a) The proposed name of the district and the areas to be included in the district, the areas to be that area directly or indirectly benefited by or protected from overflow or flood waters by the contemplated flood or drainage control improvements and any area which is necessary to be included in the district to carry out the purposes of this article. Any municipality or any part thereof, or any county or any part thereof, which is subject to overflow or flood from waters of any river or its tributaries, or which benefits from improvements, may be included in the district.

(b) The fact that a preliminary report or study to determine the engineering feasibility of constructing flood or drainage control improvements along any river or its tributaries has been made by a competent engineer or engineering firm, or any other competent institution or agency, and that such study or report shows that the construction of such facilities is feasible for flood and drainage control or for any of the other purposes or services contemplated by the legislative declaration of public policy in this article.

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

(d) A general description of the purposes of the contemplated works, a general description of the plan including the lands to be protected by said flood or drainage control improvements or otherwise affected thereby, and maps or plats showing the general location of any flood and drainage control improvements and related facilities. The word “ project ” when used herein shall mean the general plan and purposes of the flood and drainage control improvements and associated development, as set out in this petition to the chancery court, and the words “project area” shall mean the physical location of any levees, channels, drains, or related facilities and associated development, and those areas which are necessary to be included in the district to carry out the purposes of this article, and the area of the district as shown on the plats filed with the chancery court. The words “ related facilities ” as used in this article shall mean any facilities which are correlated with or used in connection with the project.

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

It shall not be necessary that any landowners in the counties to be included in said proposed district be named in the petition or made parties defendant. The chancellor of the chancery court in which said petition shall be filed shall have jurisdiction of the entire flood control district and project area for the purposes of this article. Such jurisdiction may be exercised by the chancellor in termtime or in vacation, as provided in this article.

In the event any part of the proposed flood and drainage control district lies outside the limits of the municipality filing the petition, the county or counties in which lie said lands outside said municipality shall be made a defendant to the petition by service on the clerk of the board of supervisors; however, should said county or counties join in said petition pursuant to a resolution of a majority of the members of the board of supervisors thereof, it shall not be necessary to make said county or counties a defendant to said petition.

In the event any part of said proposed flood and drainage control district lies within any municipality other than said municipality petitioning for the creation of said district, said municipality or municipalities not joining in said petition shall be made a defendant to said petition by service of process on the clerk of said municipality; however, should said municipality join in said petition pursuant to a resolution of a majority of the governing authorities thereof, it shall not be necessary to make said municipality a defendant to said petition.
Miss. Code Ann. § 51-41-27 — MS Code / Title 51 / Chapter 41 / Section 41-27
Miss. Code Ann. § 51-41-27
Status: in_force

The principal of and interest, if any, on bonds issued under the authority of this chapter shall be exempt from all state, county and municipal taxes. This exemption shall include income, inheritance and estate taxes.
Miss. Code Ann. § 51-35-25 — MS Code / Title 51 / Chapter 35 / Section 35-25
Miss. Code Ann. § 51-35-25
Status: in_force

(1) As used in this section:

(a) “ Project ” means the Yazoo Basin, Yazoo Backwater, Mississippi, Project authorized by the Flood Control Act of 18 August 1941 and the Water Resources Development Act of 1986.

(b) “ Project area ” means land in Humphreys, Issaquena, Sharkey, Warren, Washington and Yazoo Counties located at or below the one hundred-year frequency flood elevation.

(c) “ Reforestation easement ” means an easement on open agricultural land located in the project area that restricts the future use of the property to woodlands that is purchased from a landowner by the Corps of Engineers or other governmental entity for purposes specifically related to the project.

(2) The board of supervisors of any county in the project area may, in its discretion, require all landowners in the county who sell reforestation easements in the project area for purposes specifically related to the project to annually pay a fee in an amount not to exceed Four Dollars ($4.00) per acre, on each acre of property for which a landowner sold such an easement. The proceeds of the fee shall be used by the board of supervisors to provide services such as road maintenance, fire protection and police protection, and other services necessary for the maintenance and protection of reforestation easements in the project area. If the federal government provides funds to counties in the project area which may be used by the counties to provide such services necessary for the maintenance and protection of reforestation easements in the project area, the board of supervisors of a county receiving such federal funds shall reduce any fee imposed under this section by a proportionate amount based on the ratio that the amount of federal funds received by the county bears to the cost of providing such services.
Miss. Code Ann. § 51-7-9 — MS Code / Title 51 / Chapter 2 / Section 7-9
Miss. Code Ann. § 51-7-9
Status: in_force

A petition for creation of a master water management district shall set forth the proposed name of the district, the necessity for the district, and a general description of the region intended to be embraced therein; and it shall pray for the organization of the district by the name proposed.
Miss. Code Ann. § 51-13-115 — MS Code / Title 51 / Chapter 5 / 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. § 51-4-23.4 — MS Code / Title 51 / Chapter 1 / Section 4-23.4
Miss. Code Ann. § 51-4-23.4
Status: in_force

Black Creek in Lamar, Forrest, Perry, Stone, George and Jackson Counties from Mississippi Highway 589 in Lamar County to its confluence with the Pascagoula River, which was designated as eligible for nomination under Section 51-4-17 , is designated as a state scenic stream and is included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-29-29 — MS Code / Title 51 / Chapter 25 / 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. § 51-31-35 — MS Code / Title 51 / Chapter 17 / Section 31-35
Miss. Code Ann. § 51-31-35
Status: in_force

The commissioners shall also find and determine whether all of the lands in said proposed drainage district will be benefited thereby, or drain into and have their outlet by and through the drains and ditches to be constructed in said proposed drainage district. If they shall find, by reason of any errors, mistakes, or misunderstanding, that any part of the lands described in said petition do not drain into said watershed and proposed ditches and drains, they may report that the same shall be excluded from said district when organized. Upon the report of the commissioners being filed with the clerk of the court in which such proceedings are had, the said clerk shall cause three weeks' notice thereof to be given, addressed “To all persons interested,” by publication in some newspaper in said county in which such proceedings are had, if there be any newspaper so published. If there be no newspaper so published, the notice shall be posted for three weeks in ten conspicuous places in said district, but he shall not be required to mail notices to any persons or give any other or further notice than the mere publication thereof. Such notice shall state the time of filing such report, that a map and description of the work laid off and proposed to be constructed is on file in his office, and a description of the lands, if any, proposed to be thrown out or excluded from said district, and upon what day application will be made for confirmation of said report, at which time all persons interested may appear and contest the confirmation thereof, or propose that the report ought to be modified in any particular, and offer any competent evidence in support thereof. The day fixed by the clerk for the hearing of said report shall be at a certain day of the next succeeding term of said court as provided by this chapter, or at a certain day in vacation when the chancellor of said court may appear and hear the same.
Miss. Code Ann. § 51-9-193 — MS Code / Title 51 / Chapter 9 / Section 9-193
Miss. Code Ann. § 51-9-193
Status: in_force

The district, through its board of directors, in addition to any and all powers now or hereafter granted to it, is hereby empowered:

(a) To construct, operate and maintain a waterworks and water supply system in furtherance of the purposes of this act on land now owned or hereafter acquired by it for said purpose and to construct or otherwise acquire all waterworks or other facilities deemed necessary or useful for the treatment and processing of water available to it and the transportation and supplying of such water to public agencies or to the district or persons situated on land owned by the district for municipal, commercial, domestic, industrial, agricultural and manufacturing purposes.

(b) To acquire by condemnation or otherwise any and all property of any kind, real, personal, or mixed, or any interest therein, necessary or convenient to the exercise of the purposes of and the powers granted by this act. Any property acquired by condemnation shall be acquired according to the procedure otherwise provided by law for the condemnation of property by public agencies. For the purposes of this act, the right of eminent domain shall be superior and dominant to the right of eminent domain of railroad, telephone, telegraph, gas, power and other companies or corporations.

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

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

(ii) No person or persons owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting interests on any land or interest therein of the district held or used for the purposes of this act; but any such activities shall be under such reasonable regulations by the board of directors as will adequately protect the waterworks and water supply system of the district contemplated by this act.

(c) To require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, gas pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is first paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the property being relocated or rerouted in connection with the purposes of this act.

(d) To enter into contracts with any person in furtherance of any of the purposes authorized by this act upon such consideration as the board of directors and such person may agree. Any such contract may extend over any period of time, notwithstanding any provision or rule of law to the contrary, may be upon such terms as the parties thereto shall agree, and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms.

(e) To make and enforce, and from time to time amend and repeal, bylaws and rules and regulations for the management of its business and affairs and for the construction, use, maintenance and operation of any of the waterworks or water supply system under its management and control and any other of its properties.
Miss. Code Ann. § 51-39-5 — MS Code / Title 51 / Chapter 35 / Section 39-5
Miss. Code Ann. § 51-39-5
Status: in_force

Whenever used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Board ” means the board of commissioners of a district.

(b) “ Cost of project ” means:

(i) All costs of site preparation and other start-up costs;

(ii) All costs of construction;

(iii) All costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, utility charges, permits, approvals, licenses, and certificates and the securing of any permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for project functions;

(iv) All costs of engineering, geotechnical, architectural and legal services;

(v) All costs of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project;

(vi) Administrative expenses; and

(vii) Any other expenses as may be necessary or incidental to the project financing.

(c) “ County ” means any county of this state.

(d) “ Designated representative ” or “ incorporator ” means the person named by resolution of the governing body of a county or municipality as the representative of that unit of local government for the purpose of acting on their behalf as an incorporator in concert with other similarly named persons in the creation and incorporation of a storm water management district under this chapter.

(e) “ District ” means a storm water management district created under this chapter.

(f) “ Ditch ” means any branch or lateral drain, tile drain, levee, sluiceway, water course, floodgate, and any other construction work found necessary for the reclamation of wet and overflowed lands.

(g) “ Facilities ” mean any structure, building, ditch, pipe, channel, improvement, land, or other real or personal property used or useful in storm water management system under this chapter.

(h) “ Governing body ” means the elected or duly appointed officials constituting the governing body of a municipality or county.

(i) “ Incorporation agreement ” means that agreement between the designated representatives of various units of local government setting forth the formal creation of a storm water management district created under this chapter.

(j) “ Member ” means a unit of local government participating in a district.

(k) “ Municipality ” means any incorporated city, town or village in this state.

(l) “ Project ” means the collection, conveyance, retention, detention and any other portion of a storm water management system and any property, real or personal, used as or in connection with those purposes.

(m) “ Public agency ” means any municipality, county, political subdivision, governmental district or unit, public institution of higher learning, community college district, planning and development district, or any body politic and corporate or governmental agency created under the laws of the state.

(n) “ State ” means the State of Mississippi.

(o) “ Storm water ” means any flow occurring during or following any form of natural precipitation and resulting from that precipitation.

(p) “ Storm water management system ” means a system which is designed and constructed, implemented or operated to control storm water discharges to prevent or reduce flooding, over drainage or water pollution or to otherwise affect the quantity or quality of discharges from the system. The storm water management system includes all pipes, channels, ditches, streams, wetlands, detention or retention basins, ponds or other storm water conveyance or treatment facilities.

(q) “ Unit of local government ” means any county or municipality of the state.
Miss. Code Ann. § 51-9-131 — MS Code / Title 51 / Chapter 2 / Section 9-131
Miss. Code Ann. § 51-9-131
Status: in_force

In each county of the State of Mississippi which is part of the Pearl River Valley Water Supply District, beginning with the ad valorem tax assessment for the calendar year 1960, payable on or before February 1, 1961, and so long as any bonds issued hereunder are outstanding, the tax collector of said county shall pay into the depository selected by said water district for said purpose the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county, which may be collected by any other lawful taxing agency of said county and state and for said county, and the State of Mississippi shall continue to levy not less than two mills ad valorem taxes on each county in the district so long as any bonds issued pursuant to this article remain outstanding.
Miss. Code Ann. § 51-13-113 — MS Code / Title 51 / Chapter 1 / 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. § 51-3-25 — MS Code / Title 51 / Chapter 3 / Section 3-25
Miss. Code Ann. § 51-3-25
Status: in_force

The commission shall have the power to adopt, modify, repeal, promulgate and enforce, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from the rules and regulations which contain any of the following provisions as the commission finds appropriate concerning the regulation of surface water and groundwater:

(a) Provisions for making observations and measurements as will enable it to administratively determine and establish the rights of all water users who were making beneficial use of water prior to April 1, 1985, and who have filed a notice of claim;

(b) Provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;

(c) Provisions concerning well depth and spacing controls and provisions establishing a range of prescribed static levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on actual proof of the capacities and characteristics of the aquifer;

(d) Provisions to minimize waste by requiring users to employ water conservation measures;

(e) Provisions concerning well design and standards, including provisions regarding technical upgrading requirements for existing permitted wells in water use caution areas; and

(f) Other provisions not inconsistent with this chapter as the commission finds necessary to implement the purposes of this chapter.
Miss. Code Ann. § 51-5-1 — MS Code / Title 51 / Chapter 1 / Section 5-1
Miss. Code Ann. § 51-5-1
Status: in_force

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

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

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

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

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

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

(7) As used in this chapter, the terms “ State Board of Water Commissioners ,” “ board ” and “ commission ” mean the Mississippi Commission on Environmental Quality.
Miss. Code Ann. § 51-4-23.2 — MS Code / Title 51 / Chapter 2 / Section 4-23.2
Miss. Code Ann. § 51-4-23.2
Status: in_force

Magee's Creek in Walthall County from the confluence of Varnell Creek to the Bogue Chitto River which was designated as eligible for nomination to the scenic streams stewardship program under Section 51-4-21 , is designated as a state scenic stream and is included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-31-77 — MS Code / Title 51 / Chapter 27 / Section 31-77
Miss. Code Ann. § 51-31-77
Status: in_force

In case any damages shall be allowed to any landowner for the construction of ditches across his said lands, actual damages shall be allowed. Such damages shall be paid in cash by giving to the party entitled thereto an order for the amount thereof on said district treasurer, who shall pay the same on presentation.
Miss. Code Ann. § 51-13-1 — MS Code / Title 51 / Chapter 8 / 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. § 51-29-5 — MS Code / Title 51 / Chapter 17 / Section 29-5
Miss. Code Ann. § 51-29-5
Status: in_force

When one-fourth ( 1 / 4 ) or more of the owners of real property within a proposed drainage district shall file a petition in the chancery court of the county to establish a drainage district to embrace their property, describing generally the region which it is intended shall be embraced within the district, it shall be the duty of the chancery clerk to immediately publish a notice in a newspaper having a circulation in the proposed district for two (2) successive insertions, directed to the owners of the land to be embraced in the proposed district, giving notice of the said petition and designating a date, not less than ten (10) days after the last publication of notice, at which a hearing may be had on said petition. Upon the date designated in the notice, or upon a subsequent day to which the matter may be continued, the chancery court or the chancellor in vacation shall hear all objections, if any are offered, to the organization of said district, and unless at the hearing a majority of the landowners owning half or more of the land proposed to be included in the proposed district shall object to the organization, further proceedings shall be had as hereinafter provided; but if such a majority shall protest, the court or chancellor shall not proceed with the organization of said district. If in either event it be determined by the court or chancellor to proceed with the organization of the proposed district, the court or chancellor shall enter an order appointing as temporary commissioners three (3) landowners of the territory proposed to be drained, who shall take the oath required by Section 268 of Article 14 of the Constitution of the state and give bond in the penalty of not less than One Thousand Dollars ($1,000.00) payable to the county, and whose term of office shall expire upon the permanent organization of the district. Said temporary commissioners shall immediately organize and select a competent engineer, who shall give bond payable to the county in a sum of not less than One Thousand Dollars ($1,000.00), to be fixed by said commissioners for the faithful discharge of his duties, and who shall be liable upon such bond for negligence or incompetency causing loss to the county or district.

The engineer shall proceed forthwith to make a survey and ascertain the region which will be benefited by the proposed improvement, giving a general idea of its character and the cost of drainage, and making such suggestions as to the size of the drainage ditches and the location as he may deem advisable.

All expenses incident to the survey, legal expenses, and the cost of publication shall be paid by the county as the work progresses upon a proper showing; but all expenses incurred by the county shall be paid out of the proceeds of the first assessment levied under this chapter.

Said temporary commissioners may, by and with the consent of the court or chancellor, for the purpose of prosecuting the preliminary work, paying the expenses incident to the survey, attorney's fees, legal expenses, costs of publication, and other necessary expenses, borrow money at a rate of interest not exceeding that allowed in Section 75-17-105 , and issue negotiable notes, certificates or other evidences of indebtedness therefor signed by the said three (3) temporary commissioners and payable either within or without the state to the person or persons from whom such money is borrowed, or bearer, or bearer simply, as said commissioners may elect. The said temporary commissioners may also issue to the engineer, or other persons who do the said preliminary work, negotiable evidences of debt signed by the three (3) said temporary commissioners, bearing interest at a rate not to exceed that allowed in Section 75-17-105 . None of the said evidences of indebtedness so issued shall run for more than two (2) years, they shall be non-taxable, and said commissioners may pledge all assessments on the land proposed to be drained for the payment of said evidences of indebtedness. Said evidences of indebtedness may be paid off either out of any general fund of the drainage district if organized, or out of the proceeds of the first assessments levied under this chapter; but in the event the said district is not organized after said indebtedness has been incurred, then the board of supervisors may levy an acreage or an ad valorem tax against the lands embraced in said proposed drainage district in the manner hereinafter provided.

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. § 51-27-7 — MS Code / Title 51 / Chapter 25 / Section 27-7
Miss. Code Ann. § 51-27-7
Status: in_force

The admission of the State of Florida into the Tennessee-Tombigbee Waterway Development Compact is hereby ratified, approved, and agreed to by the State of Mississippi, and said State of Florida shall become a party to said compact upon the execution of the same by the governor of said state.

The secretary of state is hereby authorized, empowered, and directed to transmit certified copies of this section to the governors of the States of Alabama, Tennessee, and Florida and of the Commonwealth of Kentucky.
Miss. Code Ann. § 51-9-135 — MS Code / Title 51 / Chapter 2 / Section 9-135
Miss. Code Ann. § 51-9-135
Status: in_force

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

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

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

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

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

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 51-9-145 — MS Code / Title 51 / Chapter 8 / Section 9-145
Miss. Code Ann. § 51-9-145
Status: in_force

The board of directors of the district is hereby authorized to provide by resolution for the issuance of refunding bonds of the district for the purpose of refunding any bonds then outstanding and issued under authority of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such refunding bonds, the maturity and other details thereof, and the rights, duties, and obligations of the board of directors and of the district in respect to such bonds shall be governed by the provisions of this article, insofar as they are applicable. In no event shall such bonds mature over a period of time exceeding forty years from January 1, 1961. No such refunding bonds shall be issued and delivered more than five years in advance of the date when the bonds to be refunded are redeemable, and not until such outstanding bonds shall have been called for redemption and notice thereof provided for as therein required. The proceeds of any such refunding bonds shall be deposited with the trustee named in the bonds to be refunded and, pending the application thereof to the payment and redemption of the bonds to be refunded, shall be invested and reinvested in obligations of or guaranteed by the United States of America and maturing or being redeemable at or prior to the time when the said bond proceeds are required for the redemption of the bonds to be refunded. All interest or other increment received on or on account of all such investments shall be deposited in and become a part of the fund held by the trustee for the payment and redemption of such refunding bonds.
Miss. Code Ann. § 51-29-39 — MS Code / Title 51 / Chapter 27 / Section 29-39
Miss. Code Ann. § 51-29-39
Status: in_force

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

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

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

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

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

No judgment by default shall be entered against an owner or person interested residing in this state unless it appears that he has been duly served with summons at least thirty (30) days before the return day, and no judgment by default shall be rendered against any nonresident or unknown person or persons interested unless proper publication has been made.
Miss. Code Ann. § 51-9-191 — MS Code / Title 51 / Chapter 8 / 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. § 51-41-27 — MS Code / Title 51 / Chapter 37 / Section 41-27
Miss. Code Ann. § 51-41-27
Status: in_force

The principal of and interest, if any, on bonds issued under the authority of this chapter shall be exempt from all state, county and municipal taxes. This exemption shall include income, inheritance and estate taxes.
Miss. Code Ann. § 51-29-131 — MS Code / Title 51 / Chapter 29 / Section 29-131
Miss. Code Ann. § 51-29-131
Status: in_force

If ten per cent of the landowners owning lands adjoining or adjacent to any existing district operating under the provisions of this chapter shall petition the chancery court to extend the boundaries of any such existing district, describing generally the region which it is intended shall be embraced within the boundaries of such drainage district as extended, it shall be the duty of the chancery court, or chancellor in vacation, to enter an order directing the commissioners of such drainage district to forthwith proceed to cause a survey to be made, and to ascertain the limits of the region which will be benefited by the proposed system of improvements, giving a general idea of its character and the cost of drainage and other improvements necessary and making such suggestions as to the size of the drainage ditches and their location and of levees, dams, and pumping stations, if any of such be necessary, to properly drain and protect said territory, or if the commissioners may deem such levees, dams, pumping stations, or any or either of them advisable, and to file their reports with the clerk of the chancery court. All expenses of making such survey, preparing the plans and estimates of the costs of the improvements, costs of publication, attorneys' fees, and other necessary expenses shall be paid as the work progresses by the existing drainage district to which the land and territory is proposed to be added, or by the board of supervisors as the court or chancellor may order. All such expenses shall be repaid out of the first money received from taxes upon the additional lands embraced in such drainage district, or from the sale of bonds from the district as extended, if that be done; but if that be not done, then the board of supervisors shall levy an ad valorem tax upon the land which it was proposed to add to such existing drainage district to repay the costs advanced by such existing drainage district or the board of supervisors, as the case may be.
Miss. Code Ann. § 51-8-53 — MS Code / Title 51 / Chapter 7 / 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. § 51-35-335 — MS Code / Title 51 / Chapter 33 / Section 35-335
Miss. Code Ann. § 51-35-335
Status: in_force

All bonds issued pursuant to this article shall be validated as now provided by law by Sections 31-13-1 through 31-13-11 Mississippi Code of 1972 . The services of the state's bond attorney may be employed in the preparation of such bond resolutions, forms, or proceedings as may be necessary, for which he shall be paid a reasonable fee. Such validation proceedings shall be instituted in the chancery court of the county having jurisdiction of the district, but notice of such validation proceedings shall be published at least two times in a newspaper of general circulation and published in each of the counties comprising the district, the first publication of which in each case shall be made at least ten days preceding the date set for the validation.
Miss. Code Ann. § 51-13-117 — MS Code / Title 51 / Chapter 3 / Section 13-117
Miss. Code Ann. § 51-13-117
Status: in_force

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

(2) Such district may prescribe reasonable penalties for the breach of any regulation of the district.
Miss. Code Ann. § 51-31-85 — MS Code / Title 51 / Chapter 27 / 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. § 51-35-319 — MS Code / Title 51 / Chapter 35 / Section 35-319
Miss. Code Ann. § 51-35-319
Status: in_force

All construction contracts of the district, which shall be let solely by the district shall comply with state purchasing and bid laws and the board of directors of the district shall award the contract pursuant to state purchasing and bid laws. The contractor 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. § 51-15-109 — MS Code / Title 51 / Chapter 4 / 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. § 51-31-99 — MS Code / Title 51 / Chapter 25 / Section 31-99
Miss. Code Ann. § 51-31-99
Status: in_force

If, after the first assessment of benefits, which it is estimated will result from the proposed drainage scheme, has been made it develops that on account of additional work done or to be done the benefits to the whole or any part of the district is or will be greater than was originally assessed, the commissioners may proceed to reassess and apportion the benefits so as to correct the same to conform to the benefits to be received. However, the aggregate value of benefits so assessed shall in no event be less than the original assessment. Such additional assessment shall be made in the same manner, under the same requirements, and upon the same notice as is provided for making the original assessment.
Miss. Code Ann. § 51-31-83 — MS Code / Title 51 / Chapter 27 / Section 31-83
Miss. Code Ann. § 51-31-83
Status: in_force

The commissioners, from the time such petitions to organize a district are referred to them by the court or chancellor in vacation, shall have the right and authority to go upon any and all of the lands lying within said district for the purpose of examining the same and making plans, surveys, profiles, and estimates of the kind, character, and cost of said proposed system of drains, and may go upon said lands at any time for the purpose of removing obstructions, cleaning out, and keeping in repair the said ditches. No landowner shall have any power or authority to prevent, hinder, or delay the commissioners in the discharge of their lawful duties in that behalf; and in case such landowner or any other person shall undertake to interfere with, hinder, obstruct, or delay the commissioners in the discharge of their duties, the said commissioners or either of them may file his or their complaint in the chancery court or before the chancellor in vacation. Thereupon said court or chancellor shall cite said party to appear and show cause, if any he has, why he should not be fined for said hindrance or obstruction, and the court or chancellor may fine such party not exceeding twenty-five dollars ($25.00) per day for every day's hindrance caused by him to said commissioners, as for a contempt of the chancery court.
Miss. Code Ann. § 51-7-39 — MS Code / Title 51 / Chapter 7 / Section 7-39
Miss. Code Ann. § 51-7-39
Status: in_force

No member of any board of commissioners of any master water management district shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.
Miss. Code Ann. § 51-9-119 — MS Code / Title 51 / Chapter 8 / Section 9-119
Miss. Code Ann. § 51-9-119
Status: in_force

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

Any appeal from such order or decree of the chancery court or chancellor shall be a preference case in the supreme court and shall be tried at the earliest moment convenient with said court.
Miss. Code Ann. § 51-8-25 — MS Code / Title 51 / Chapter 8 / Section 8-25
Miss. Code Ann. § 51-8-25
Status: in_force

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

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

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

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

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

The board of commissioners shall hold regular monthly meetings and such other special meetings as may be called by the chairman or a majority of the commissioners.
Miss. Code Ann. § 51-3-106 — MS Code / Title 51 / Chapter 2 / Section 3-106
Miss. Code Ann. § 51-3-106
Status: repealed

Sections 51-3-101 through 51-3-105 shall stand repealed after July 1, 2009.
Miss. Code Ann. § 51-29-91 — MS Code / Title 51 / Chapter 25 / Section 29-91
Miss. Code Ann. § 51-29-91
Status: in_force

To the payment of both principal and interest of the bonds and other negotiable evidences of debt to be issued under the provisions of this chapter, the entire revenues of the district from any and all sources and all real estate and railroads subject to taxation in the district are by this chapter pledged, in an amount not to exceed the amount of betterments assessed against said lands and railroads. The board of commissioners is hereby required to set aside annually from the first revenues collected from any source whatever a sufficient amount to secure and pay the interest on said bonds and evidences of indebtedness and a sinking fund for their ultimate retirement, if a sinking fund is provided for.
Miss. Code Ann. § 51-9-155 — MS Code / Title 51 / Chapter 9 / Section 9-155
Miss. Code Ann. § 51-9-155
Status: in_force

The provisions of any other law, general, special or local, except as provided in this article, shall not limit or restrict the powers granted by this article. The water supply district herein provided for shall not be subject to regulation or control by the public service commission.
Miss. Code Ann. § 51-41-13 — MS Code / Title 51 / Chapter 41 / Section 41-13
Miss. Code Ann. § 51-41-13
Status: in_force

(1) The water authority shall have a board of directors composed of the number of directors provided in the application for reconstitution and certificate of incorporation, which shall not be fewer than five (5) directors. All powers of the water authority shall be exercised by the board or under its authorization.

(2) The directors shall be elected and determined, and shall serve in accordance with those procedures that the water authority may specify in its bylaws; provided, however, that each water or sewer user served by the water authority shall be entitled to vote on the election of directors of the water authority. The water authority's bylaws shall contain provisions and procedures for the election and appointment of its directors that are identical in nature to those same provisions and procedures as contained in the qualified corporation's bylaws, unless otherwise amended by the water authority or required by state law. A water authority shall promptly file a copy of any amendments to its bylaws with the Secretary of State. A water authority also may promulgate rules and regulations, not inconsistent with state law, containing provisions and procedures for the election and appointment of its directors.

(3) Each director shall take and subscribe to the oath of office prescribed in Section 268, Mississippi Constitution of 1890 , that he will faithfully discharge the duties of the office of director, which oath shall be maintained on file by the water authority. Before entering upon the discharge of the duties of his office, each director shall be required to execute a bond payable to the State of Mississippi in the penal sum of Ten Thousand Dollars ($10,000.00), conditioned that he will faithfully discharge the duties of his office.

(4) A majority of the members of the board shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the water authority. A director shall continue in office until the director's successor is properly elected and accepts office.

(5) The members of the board and the officers of the water authority shall serve without compensation, except that they may be reimbursed for actual expenses incurred in and about the performance of their duties.

(6) All meetings and records of the water authority shall be subject to the Mississippi Open Meetings Act and the Mississippi Public Records Act.

(7) All proceedings of the board shall be reduced to writing by the secretary of the water authority and appropriately recorded and maintained in a well bound book.
Miss. Code Ann. § 51-29-79 — MS Code / Title 51 / Chapter 29 / Section 29-79
Miss. Code Ann. § 51-29-79
Status: in_force

The drainage district shall not cease to exist upon the completion of its drainage system, but shall continue to exist as a body corporate for the purpose of preserving the system of drainage, keeping the ditch clear from obstruction, extending, widening, or deepening the ditches from time to time, and for doing such other things and acts in order to carry out the purposes of this chapter and of the drainage system so established, as may be found advantageous to the district. For those purposes, the board of commissioners may borrow money and issue its bonds in such sums and in the manner provided in this chapter, and may from time to time apply to the chancery court, or chancellor in vacation, for the levying of additional assessments upon the benefits for the payment of said work or said bonds. Upon the filing of such application or petition with the clerk of the chancery court, he shall give notice by publication by two insertions in a newspaper published in each of the counties in which the district embraces land. Any property owner seeking to resist such additional levy may appear at the next term of the chancery court, or the chancellor in vacation, not less than ten days after the last insertion of said notice and urge his objections to such levy. In case he fails to appear, such levy shall stand with the force of a final judgment, but either the property owners or the commissioners may appeal to the supreme court not later than twenty days after the date of such levy.
Miss. Code Ann. § 51-9-197 — MS Code / Title 51 / Chapter 2 / Section 9-197
Miss. Code Ann. § 51-9-197
Status: in_force

Whenever a public agency shall have executed a contract pursuant to this act and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's waterworks, water supply system, sewerage system or sewage disposal system or a combination of such systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rates charged by the public agency for the services of such system or systems, such that the revenues therefrom together with any taxes levied in support thereof will be sufficient at all times to pay: (a) the expense of operating and maintaining such system or systems including all of the public agency's obligations to the district, its successors or assigns under such contract; and (b) all of the public agency's obligations under and in connection with revenue bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such system or systems. Any such contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates are to be adjusted.
Miss. Code Ann. § 51-7-17 — MS Code / Title 51 / Chapter 5 / 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. § 51-8-9 — MS Code / Title 51 / Chapter 3 / Section 8-9
Miss. Code Ann. § 51-8-9
Status: in_force

After the public hearing required by Section 51-8-7 and upon full consideration of all matters and facts presented at such hearing, each such local governmental unit shall make a finding that the public convenience and necessity requires the creation of the district and that the creation of the district is economically sound and feasible.
Miss. Code Ann. § 51-31-117 — MS Code / Title 51 / Chapter 25 / Section 31-117
Miss. Code Ann. § 51-31-117
Status: in_force

All proceedings under this chapter are declared to be proceedings in rem. The notices for the organization of a drainage district hereunder and all subsequent notices herein provided for shall be sufficient as notices for the purposes stated, the organization of a district, and the issuance of district bonds as herein provided. The failure of the clerk to send a copy of any notice by registered mail to any nonresident, whose residence is known or unknown, shall not invalidate the proceedings for the organization of any drainage district hereunder or of bonds of the district issued under same; but the court or chancellor in vacation may adjourn the hearing of any case in order to cause other notice to be made, if in his discretion he thinks proper, in order to comply with the requirements of this chapter.
Miss. Code Ann. § 51-4-23.5 — MS Code / Title 51 / Chapter 1 / Section 4-23.5
Miss. Code Ann. § 51-4-23.5
Status: in_force

In accordance with Section 51-4-7 , the Pascagoula River from the confluence of the Chickasawhay and Leaf Rivers in George County to its mouth in Jackson County, which was designated as eligible for nomination to the State Scenic Streams Stewardship Program under Section 51-4-21.3 , is designated as a state scenic stream and is included in the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-31-119 — MS Code / Title 51 / Chapter 27 / 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. § 51-33-29 — MS Code / Title 51 / Chapter 33 / Section 33-29
Miss. Code Ann. § 51-33-29
Status: in_force

Drainage districts already created or to be created under the laws of the State of Mississippi are hereby authorized and empowered to enter into cooperative agreements with the U.S. Corps of Engineers to carry out the purposes for which the districts were created, including the power to contract with the said Corps of Engineers for the construction, alteration, changing, or cleaning out of any stream or levee, with the power in the district acting through its commissioners to authorize the letting of contracts therefor by the Corps of Engineers rather than the district.

This section is additional and supplemental to any other statutes of this state affecting drainage districts, and the powers herein conferred affect only the authority of drainage districts to contract with the U.S. Corps of Engineers, as herein stated.
Miss. Code Ann. § 51-9-7 — MS Code / Title 51 / Chapter 7 / 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. § 51-27-5 — MS Code / Title 51 / Chapter 25 / Section 27-5
Miss. Code Ann. § 51-27-5
Status: in_force

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

The secretary of state is hereby requested to transmit duly certified copies of this section to the governors of the States of Alabama, Tennessee, and the Commonwealth of Kentucky.
Miss. Code Ann. § 51-31-39 — MS Code / Title 51 / Chapter 31 / Section 31-39
Miss. Code Ann. § 51-31-39
Status: in_force

If, after hearing all objections, if any, to the report of the commissioners and all applications, if any, to annex other lands to the proposed district by the owners of such lands, the court or chancellor finds that a drainage district should be organized, the map of the same shall be recorded and the order may be entered according to the findings of the court or chancellor, substantially as follows:

“The State of Mississippi

County of __________

__________ Term, A.D. 20___.

In the matter of the petition to organize __________ drainage district in the county of __________ and State of Mississippi.

This day the report of the drainage commissioners of said county, filed in this cause, having been heard, and it appearing to the court or chancellor that due notice has been given “to all persons interested” for the length of time and in the manner required by law of the application to this court for the confirmation of said report, and the court or chancellor having duly examined said report and considered all objections to the same, it is ordered by the court that the report of said commissioners (or if modified by the court, say as modified by the court) be, and the same is, hereby confirmed; and the court further finds that the work proposed in said petition to be done will be beneficial for agricultural and sanitary purposes to the owners of the lands within said proposed district. And the court also finds that the persons who have signed said petition are of lawful age and owners of land in number and quantity as required by law. And it is further hereby ordered and decreed by the court that said district be, and the same is, hereby duly organized as a body politic and corporate by the name and style of __________ drainage district in the county of __________ and the State of Mississippi.”

But if the court, after hearing said report and objections, finds that the work proposed in said petition and the report with estimated costs by the drainage commissioners will not be sufficiently beneficial and justifiable for agricultural and sanitary purposes to the owners of the lands within said proposed drainage district, then an order shall be entered on the minutes of the court dismissing the petition and disallowing the organization of the proposed drainage district; and all costs and expenses shall be adjudged against the petitioners for the proposed drainage district.
Miss. Code Ann. § 51-41-3 — MS Code / Title 51 / Chapter 35 / Section 41-3
Miss. Code Ann. § 51-41-3
Status: in_force

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

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

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

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

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

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

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

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

(h) “ Water authority ” means that body politic and governmental entity organized under the provisions of this chapter.
Miss. Code Ann. § 51-7-17 — MS Code / Title 51 / Chapter 3 / 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. § 51-29-77 — MS Code / Title 51 / Chapter 25 / Section 29-77
Miss. Code Ann. § 51-29-77
Status: in_force

In case it is necessary to do so in order to obtain a proper outlet for the drainage system, the commissioners may construct ditches or do other work beyond the border of their district so as to carry the water to some proper outlet or otherwise to secure the object of the improvement. In that event, they shall have the right to condemn a right of way for such drain or other construction, and the proceedings thereof shall be the same that are now provided by law. Such a ditch or drain beyond the limits of the district shall be the property of the district, and no person not assessed shall have the right to dig any lateral drain connecting therewith without the consent of the commissioners. If such property owner cannot agree with the commissioners as to the price to be paid for the privilege of connecting with such ditch, the board of supervisors of the county where such connection is sought to be made shall fix the amount of such compensation, and either shall have the right to appeal from its findings to the circuit court.
Miss. Code Ann. § 51-8-15 — MS Code / Title 51 / Chapter 8 / Section 8-15
Miss. Code Ann. § 51-8-15
Status: in_force

All costs incident to the publication of the notices and all other costs incident to the public hearing and election provided in Sections 51-8-7 and 51-8-11 may be paid by the applicable governing body.
Miss. Code Ann. § 51-9-11 — MS Code / Title 51 / Chapter 3 / Section 9-11
Miss. Code Ann. § 51-9-11
Status: in_force

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

Any additional tax levy made to support any appropriations or donations under authority of this section shall not be refundable under the homestead exemption laws of this state.
Miss. Code Ann. § 51-41-3 — MS Code / Title 51 / Chapter 39 / Section 41-3
Miss. Code Ann. § 51-41-3
Status: in_force

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

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

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

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

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

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

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

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

(h) “ Water authority ” means that body politic and governmental entity organized under the provisions of this chapter.
Miss. Code Ann. § 51-8-5 — MS Code / Title 51 / Chapter 3 / 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. § 51-13-135 — MS Code / Title 51 / Chapter 3 / Section 13-135
Miss. Code Ann. § 51-13-135
Status: in_force

At the discretion of the board of directors of the district any bonds provided for in Section 51-13-123 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the right and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article, which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.
Miss. Code Ann. § 51-29-165 — MS Code / Title 51 / Chapter 27 / Section 29-165
Miss. Code Ann. § 51-29-165
Status: in_force

On the rendition of said order the chancery clerk shall pay over to the board of commissioners of said district the amount so paid in to him, which amount shall be held in a special fund to be deposited with the depository of said district under all protections now provided by law for the deposit of funds of drainage districts. Said special fund shall only be withdrawn thereafter in annual installments of the exact amount of the tax which would have been raised by the levy for the year in question from said tract or tracts, had same not been released from the district, and used by the commissioners only in payment of outstanding indebtedness of the district. However, if the holder or holders of the outstanding indebtedness of the district chargeable against the assessed benefits thereof consent to the release of said land or lands from the district, the sum so paid by the landowners shall be paid to such consenting holders of said indebtedness and immediately credited thereon.
Miss. Code Ann. § 51-9-122 — MS Code / Title 51 / Chapter 4 / Section 9-122
Miss. Code Ann. § 51-9-122
Status: in_force

(1) At any time more than fifteen (15) years after the commencement date of any residential lease from the district, the leaseholder shall have the option to renew and extend the lease for a new sixty-year term by giving the district notice of his exercise of this option to renew.

(2) At any time after the first fifteen (15) years of the term of any residential lease, the then present lessee may obtain from the district a new sixty-year lease on the terms and conditions contained in the then current lease form approved for use in residential leases with the exception of rent. Rent under such sixty-year leases will be payable on the same annual payment date as rent under the lease being renewed. The maximum annual rental under the new lease will be determined by the district as follows:

(a) Renewal of Leases with Fixed Rental (non-escalating): The district will recompute the annual rental due under the lease being renewed as if the lease had contained annual rents at the fixed amount stated in the lease for the first ten-year period, escalating thereafter at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five-year period. The annual rental which would have been payable as of the renewal date will be the annual rent payable for the first ten-year period of the renewed lease. Annual rental will escalate thereafter at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five (5) years. Recomputed annual rental will be payable from and after the first day of the renewed lease term and not for the period prior to renewal.

(b) Renewal of Leases with Escalating Rental: Annual rental will remain payable in accordance with the terms of the lease being renewed with rental continuing to escalate at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five (5) years during the renewed term.

(3) The district will charge a reasonable non-refundable fee for preparation of the renewal lease. The Lessee will be responsible for obtaining the consent of any mortgage holder to the lease modification.

(4) At any time a lessee is found to be in default or in breach of the terms and conditions contained in the lease, the district shall give thirty (30) days written notice to such lessee before terminating the lease. Such notice shall be by certified mail and shall specifically state the default or breach. If the lessee does not cure the default or breach within thirty (30) days of such notice, then the district shall give written notice to the holder of any mortgage or deed of trust on the leasehold and such holder shall thereupon have thirty (30) days to cure the default or breach before the lease is terminated.
Miss. Code Ann. § 51-31-45 — MS Code / Title 51 / Chapter 31 / Section 31-45
Miss. Code Ann. § 51-31-45
Status: in_force

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

Estimated

Name of

Description

Amount of

Amount of

Cost

Owner

of Land

Benefits

Damages

of Work

Assessment

Sub Div.

Sec. T.R.

________________

and acres

$_______________

$_______________

$_______________

$_______________

Provided that, for the purpose of providing funds with which to clean out, restore, repair and rehabilitate the whole or any part of the drainage system of such district or for the purpose of cooperating with the United States or any agency thereof in such works, there may be imposed a uniform assessment on each acre of unsubdivided land lying within the district, and a uniform assessment by lot on an acreage basis on subdivided land lying within the district, and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits to accrue to each tract. Taxes levied hereunder are hereby declared to be taxes for maintenance purposes and shall not diminish in any manner the amount of assessed benefits in any such district which is otherwise available for the payment of any outstanding bonds of such district.

The assessments provided for in this section may be made even though evidences of indebtedness have been issued or validated or both prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby.
Miss. Code Ann. § 51-31-7 — MS Code / Title 51 / Chapter 25 / 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. § 51-9-217 — MS Code / Title 51 / Chapter 1 / Section 9-217
Miss. Code Ann. § 51-9-217
Status: in_force

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

(2) Any bonds issued by the district under the provisions of this act, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
Miss. Code Ann. § 51-9-103 — MS Code / Title 51 / Chapter 1 / Section 9-103
Miss. Code Ann. § 51-9-103
Status: in_force

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

The creation of the Pearl River Valley Water Supply District is determined to be necessary and essential to the accomplishment of the aforesaid purposes, and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes herein set forth, this being a remedial law.
Miss. Code Ann. § 51-13-143 — MS Code / Title 51 / Chapter 1 / 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. § 51-31-15 — MS Code / Title 51 / Chapter 29 / 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. § 51-3-31 — MS Code / Title 51 / Chapter 1 / Section 3-31
Miss. Code Ann. § 51-3-31
Status: in_force

Any person desiring to use water for a beneficial purpose shall apply to the board for a permit for such use on a form prescribed by the board for such purpose. The application shall be accompanied by a fee of Ten Dollars ($10.00). Said application shall provide such information as deemed appropriate by the board to its decision to issue such permit.

All fees received by the board as herein prescribed shall be deposited in the General Fund of the state.
Miss. Code Ann. § 51-13-115 — MS Code / Title 51 / Chapter 9 / 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. § 51-33-39 — MS Code / Title 51 / Chapter 33 / Section 33-39
Miss. Code Ann. § 51-33-39
Status: in_force

For the purpose of refunding bonded indebtedness, now or hereafter outstanding, of any drainage district organized and existing under any law or laws of the state of Mississippi or that may be hereafter organized under any law of the state, whenever such drainage district is or may hereafter become unable to pay all or any part of the principal and interest on its bonds, or whenever the best interest of the district may require, the drainage commissioners and court for such district may issue refunding bonds of such district in an amount which shall not exceed the aggregate of the amount of bonds to be refunded and accrued interest thereon. Such refunding bonds shall be of such denomination, shall mature at such time or times not exceeding fifty (50) years from their date, shall be issued in such manner, amount or amounts, and shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101 , payable semiannually, as the administrative or governing authority of the district may determine. Such refunding bonds may be exchanged for the bonds to be refunded, upon consent of the holders thereof, or may be sold at such price and in such manner as the administrative or governing authority may determine, subject however to the approval of the court. Any discount or expense resulting from the sale of such refunding bonds may be paid out of any available funds of the district. If the outstanding bonds shall not have matured, they may be refunded only with the consent of the holder or holders thereof, which consent shall be sufficiently evidenced by the surrender of the bonds to be refunded. Such refunding bonds shall be signed and executed by the drainage commissioners in charge of the district. However, before issuing any refunding bonds hereunder, the administrative and governing authority of such district shall give notice of its intention to do so and shall cause such notice to be published in some newspaper having a general circulation in the county of such district. Such publication shall be made once each week for three (3) consecutive weeks prior to the date, to be named therein, when the administrative or governing authority shall meet to hear the objections of any interested person as to why such refunding bonds should not be issued and taxes levied, in addition to the assessed benefits, for the purpose of paying interest on such bonds. At the time and place fixed for the holding of such hearing, the administrative or governing authority of such district shall hear and dispose of all such objections in a summary manner, and its disposition thereof shall be final and conclusive on all parties.
Miss. Code Ann. § 51-31-71 — MS Code / Title 51 / Chapter 29 / Section 31-71
Miss. Code Ann. § 51-31-71
Status: in_force

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

The commissioners shall take and file a certificate of publication of such notice with the clerk; and upon the acceptance of any bid for the construction of any work, they shall require said bidder to enter into contract with them for the faithful performance of said work according to the plans, specifications, profile, and estimates of the engineer, and require said contractor to enter into bonds for the faithful performance of said work within the time and in the manner specified in said contract.
Miss. Code Ann. § 51-15-1 — MS Code / Title 51 / Chapter 13 / 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. § 51-9-137 — MS Code / Title 51 / Chapter 4 / Section 9-137
Miss. Code Ann. § 51-9-137
Status: in_force

Bonds issued pursuant to this article shall not exceed twenty-five million dollars ($25,000,000.00) in principal amount.
Miss. Code Ann. § 51-7-13 — MS Code / Title 51 / Chapter 1 / Section 7-13
Miss. Code Ann. § 51-7-13
Status: in_force

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

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

The commissioners shall take the oath of office required by section 268 of article 14 of the constitution of the state and shall give bond in the penalty of not less than five thousand dollars ($5,000.00) payable to the state for the use and benefit of the master water management district, such bond to be filed with and approved by the chancery clerk of the county in which the petition was filed. The commissioners shall immediately organize and select one of their number as president and another of their number as secretary for a term not to exceed four years. Commissioners shall receive compensation for their services at the rate of twelve dollars and fifty cents ($12.50) per diem provided for commissioners of drainage districts for time spent on the work of the board, in addition to their actual expenses, including traveling expenses, necessarily incurred in the discharge of their duties.
Miss. Code Ann. § 51-31-3 — MS Code / Title 51 / Chapter 31 / Section 31-3
Miss. Code Ann. § 51-31-3
Status: in_force

The terms “benefits” and “betterments,” as used in this chapter are interchangeable and shall be construed as synonymous. The terms “ditches” and “drains” shall be construed to also include levees and closed drains, such as tiling, as well as open ditches.
Miss. Code Ann. § 51-31-73 — MS Code / Title 51 / Chapter 29 / 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. § 51-4-21.7 — MS Code / Title 51 / Chapter 1 / Section 4-21.7
Miss. Code Ann. § 51-4-21.7
Status: in_force

In accordance with Section 51-4-7 , the Tombigbee River flowing through Itawamba County is designated as eligible for nomination to the State Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-9-117 — MS Code / Title 51 / Chapter 7 / 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. § 51-13-151 — MS Code / Title 51 / Chapter 4 / 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. § 51-29-93 — MS Code / Title 51 / Chapter 27 / Section 29-93
Miss. Code Ann. § 51-29-93
Status: in_force

No error in the names or residences of the owners of railroads, lands, or improvements, or in the description thereof, shall invalidate said assessment or levy of taxes or benefits, if sufficient description is given to ascertain where the lands, railroads, or improvements are situated.
Miss. Code Ann. § 51-9-159 — MS Code / Title 51 / Chapter 7 / Section 9-159
Miss. Code Ann. § 51-9-159
Status: in_force

Any municipality or county which is within the territorial limits of the district may advance funds to said district to pay the preliminary expenses, including engineers' reports, organization, or administration expenses, on such terms of repayment as the governing body of such municipality or county shall determine. Notwithstanding the provisions of any law to the contrary, such municipality or county is authorized and empowered to borrow money for a period not to exceed one year from the date of such borrowing, for the purpose of making such advances. The board of directors is hereby authorized to repay any such advances from the proceeds of any bonds issued under the provisions of this article.
Miss. Code Ann. § 51-39-13 — MS Code / Title 51 / Chapter 39 / Section 39-13
Miss. Code Ann. § 51-39-13
Status: in_force

All costs incident to the publication of the notices, election and all other costs of meeting the requirements of this chapter shall be paid by the governing body.
Miss. Code Ann. § 51-4-21.8 — MS Code / Title 51 / Chapter 4 / 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. § 51-33-55 — MS Code / Title 51 / Chapter 33 / Section 33-55
Miss. Code Ann. § 51-33-55
Status: in_force

The lands authorized to be leased or rented under the terms of Sections 51-33-49 through 51-33-57 may be leased or rented by the board of commissioners of the drainage district owning the same for a term not to exceed three years at such annual rental and on such terms and conditions as may be prescribed and designated for the lease or rental thereof by an order to be duly adopted by the board of commissioners of said district and entered on their minutes.
Miss. Code Ann. § 51-15-1 — MS Code / Title 51 / Chapter 1 / 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 1 / 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. § 51-8-1 — MS Code / Title 51 / Chapter 2 / Section 8-1
Miss. Code Ann. § 51-8-1
Status: in_force

(1) Any two (2) or more local governmental units, being defined herein to mean a county or municipality, may create a joint water management district in the manner set forth in this chapter.

(2) If any local governmental unit is located within an existing water management district, then the local governmental unit shall petition the district to provide a service or function needed by the petitioning unit, provided the service or function is one which the district has the power and authority to perform. Upon receipt of the petition, the existing district shall have ninety (90) days within which to respond affirmatively to the petition, setting forth its intent to meet the need or perform the service or function and its proposal or plan for meeting the need or performing the service or function. If the existing water district does not affirmatively respond in a timely fashion, then any two (2) or more local governmental units may create a joint water management district in the manner set forth in this chapter.

(3) The joint water management district may include any geographic area within the boundaries of the interested governmental units.

(4) A joint water management district may be created although adequate water supply, flood control, drainage or other water or wastewater management activities are being undertaken by one or more of the local governmental units interested in creating a joint water management district or by another corporate agency existing and operating within the geographical area of the joint water management district. The term “corporate agency,” as used herein, means any agency or subdivision of the state or federal government, any body politic and corporate created under the laws of this state, any utility, or any public or private profit or nonprofit corporation.
Miss. Code Ann. § 51-9-175 — MS Code / Title 51 / Chapter 4 / Section 9-175
Miss. Code Ann. § 51-9-175
Status: in_force

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

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

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

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

(5) On behalf of each person who is trained as a reservoir police officer at the Mississippi Law Enforcement Officers' Training Academy, the district shall be required to pay to the academy at least an amount equal to the per student cost of operation of the academy as tuition.
Miss. Code Ann. § 51-29-145 — MS Code / Title 51 / Chapter 29 / Section 29-145
Miss. Code Ann. § 51-29-145
Status: in_force

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

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

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

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

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

Also, the same discretionary authority is vested in the board of drainage commissioners of any drainage district of the State of Mississippi located in one or more counties meeting only the qualifications of subsection (a) of this section whose drainage canal supplies an outlet for the water of one or more tributary drainage districts.
Miss. Code Ann. § 51-29-7 — MS Code / Title 51 / Chapter 25 / Section 29-7
Miss. Code Ann. § 51-29-7
Status: in_force

If land in more than one county is embraced in the proposed district, the application shall be addressed to the chancery court of any county of such district, and all proceedings shall be had in such chancery court. The chancery court, or the chancellor in vacation shall apportion all costs between the county or counties in proportion to the benefit assessed in each county, and such expenses as were incurred prior to the time when such assessment was made shall be apportioned between the counties in the proportion which the chancery court, or the chancellor in vacation, shall deem to be just and equitable. All notices, in that event, shall be published in newspapers having a bona fide circulation in each county in which the district embraces land. All such districts shall be numbered consecutively or else shall receive names selected by the chancery court or the chancellor in vacation.
Miss. Code Ann. § 51-9-107 — MS Code / Title 51 / Chapter 7 / Section 9-107
Miss. Code Ann. § 51-9-107
Status: in_force

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

(a) Each member of the Pearl River Industrial Commission whose county becomes a part of the Pearl River Valley Water Supply District shall be a member of the Board of Directors of the Pearl River Valley Water Supply District. Such directors shall serve on this board during their term of office on the Pearl River Industrial Commission. In addition, the board of supervisors of each county that becomes a part of the district shall appoint one (1) additional member, who shall serve for a term concurrent with the terms of the members of the board of supervisors. The members shall be appointed at the first meeting of the board of supervisors in January after the supervisors take office. The members appointed from Madison County and Rankin County shall be persons who reside on and are holders of residential leases from the Pearl River Valley Water Supply District that are located in Madison County and Rankin County, respectively, or who reside in established subdivisions in Madison County and Rankin County, respectively, in which some of the residential property of the subdivision is leased from the Pearl River Valley Water Supply District.

The members appointed from Madison County and Rankin County who are serving on July 1, 2012, shall continue to serve until January 1, 2013, after which date the Board of Supervisors of Madison County and the Board of Supervisors of Rankin County each shall appoint one (1) member who meets the residency requirements of this section. The persons appointed under the provisions of this paragraph shall serve for the remainder of the unexpired term.

(b) The Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, Forestry Commission and the State Board of Health of the State of Mississippi shall each appoint one (1) director from that department to serve on the Board of Directors of the Pearl River Valley Water Supply District to serve at the pleasure of the respective board appointing him. From and after January 1, 2013, each of the members appointed under this paragraph (b) shall be a person who resides on and is a holder of a residential lease from the Pearl River Valley Water Supply District.

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

(d) Each director shall receive per diem compensation in the amount as provided in Section 25-3-69 for attending each meeting of the board and for each day spent in attending to the necessary business of the district and shall be reimbursed for actual expenses thus incurred upon express authorization of the board, including travel expenses, as provided in Section 25-3-41 .

(e) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), and the premiums on those bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of office and account for all money which shall come into his custody as treasurer or director of the district.
Miss. Code Ann. § 51-9-165 — MS Code / Title 51 / Chapter 1 / Section 9-165
Miss. Code Ann. § 51-9-165
Status: in_force

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

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

(3) Unexpended amounts remaining in the Ross Barnett Dredging Fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
Miss. Code Ann. § 51-9-163 — MS Code / Title 51 / Chapter 4 / Section 9-163
Miss. Code Ann. § 51-9-163
Status: in_force

Nothing in this article shall be construed to violate any provision of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide an alternative procedure conformable with such constitutions. If any provision of this article shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this article.
Miss. Code Ann. § 51-4-23.6 — MS Code / Title 51 / Chapter 3 / Section 4-23.6
Miss. Code Ann. § 51-4-23.6
Status: in_force

A loop of Bear Creek in Tishomingo County from the Mississippi-Alabama state line where it enters Mississippi to the Mississippi-Alabama state line where it re-enters Alabama, which was designated as eligible for nomination under Section 51-4-21.4 , is designated as a state scenic stream and is included in the Mississippi Scenic Streams Stewardship Program.
Miss. Code Ann. § 51-39-19 — MS Code / Title 51 / Chapter 33 / Section 39-19
Miss. Code Ann. § 51-39-19
Status: in_force

(1) The incorporation agreement of any district may be amended in the manner provided in this section. The board of the district shall first adopt a resolution proposing an amendment to the incorporation agreement. The amendment shall be set forth in full in the resolution and may include any matters which might have been included in the original incorporation agreement.

(2) After the adoption of the resolution by the board, the chairman of the board and the secretary of the district shall file a certified copy of the resolution and a signed written application in the name of and on behalf of the district, under its seal, with the governing body of each member, requesting the governing body to adopt a resolution approving the proposed amendment. As promptly as may be practicable after the filing of the application with the governing body, that governing body shall review the application and shall adopt a resolution or ordinance either denying the application or authorizing the proposed amendment. Any resolution or ordinance shall be published in a newspaper or newspapers as provided in Section 51-39-9 . The governing body shall cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken. The incorporation agreement may be amended only after the adoption of a resolution or ordinance by two-thirds ( 2 / 3 ) of the governing bodies of the members.

(3) Within thirty (30) days following the adoption of the last adopted resolution approving the proposed amendment, the chairman of the board and the secretary of the district shall sign, and file for record in the office of the chancery clerk and/or municipal clerk with which the incorporation agreement of the district was originally filed and the Secretary of State, a certificate in the name of and in behalf of the district, under its seal, reciting the adoption of the respective resolutions or ordinance by the board and by the governing body of each member and setting forth the amendment. The chancery clerk for the county and/or municipal clerk for the municipality shall record the certificate in an appropriate book in the clerk's office. When the certificate has been so filed and recorded, the amendment shall become effective. No incorporation agreement of a district shall be amended except in the manner provided in this section.

(4) Any member of a district may withdraw from the district by submitting a resolution to the board requesting an amendment to the incorporation agreement under subsection (1) of this section. Upon compliance with the requirements of subsections (1) through (3) of this section and payment of its pro rata share of any indebtedness, costs, expenses or obligations of the district outstanding at the time of withdrawal, the amendment may become effective upon adoption of a resolution by the board. The withdrawal of a member shall not operate to impair, invalidate, release or abrogate any contract, lien, bond, permit, indebtedness or obligation of the district, except to relieve the withdrawing member from further financial obligation to the district.

(5) Any party having an interest in the subject matter and aggrieved by an action of a governing body under subsections (2) and (4) of this section, may appeal that action in the manner and within the time limitations provided in Section 51-39-15 .
Miss. Code Ann. § 51-29-103 — MS Code / Title 51 / Chapter 17 / 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. § 51-31-83 — MS Code / Title 51 / Chapter 31 / Section 31-83
Miss. Code Ann. § 51-31-83
Status: in_force

The commissioners, from the time such petitions to organize a district are referred to them by the court or chancellor in vacation, shall have the right and authority to go upon any and all of the lands lying within said district for the purpose of examining the same and making plans, surveys, profiles, and estimates of the kind, character, and cost of said proposed system of drains, and may go upon said lands at any time for the purpose of removing obstructions, cleaning out, and keeping in repair the said ditches. No landowner shall have any power or authority to prevent, hinder, or delay the commissioners in the discharge of their lawful duties in that behalf; and in case such landowner or any other person shall undertake to interfere with, hinder, obstruct, or delay the commissioners in the discharge of their duties, the said commissioners or either of them may file his or their complaint in the chancery court or before the chancellor in vacation. Thereupon said court or chancellor shall cite said party to appear and show cause, if any he has, why he should not be fined for said hindrance or obstruction, and the court or chancellor may fine such party not exceeding twenty-five dollars ($25.00) per day for every day's hindrance caused by him to said commissioners, as for a contempt of the chancery court.
Miss. Code Ann. § 51-31-125 — MS Code / Title 51 / Chapter 29 / Section 31-125
Miss. Code Ann. § 51-31-125
Status: in_force

When a subdrainage district has been established as hereinbefore provided, the county drainage commissioners shall be the commissioners of said subdrainage district; and proceedings to organize subdrainage districts and to do improvements therein shall conform substantially to the provision of this chapter with reference to the organization, doing the improvements, and operating other drainage districts authorized by this chapter. Said commissioners are empowered and authorized to issue bonds of such subdrainage districts, and such bonds shall be so designated. The same proceedings, or as near as practicable the same, shall be had in the issuance of bonds of a subdrainage district as are required in the issuance of bonds of the drainage district in the first instance, as provided in this chapter. The proceeds from the sale of bonds of a subdrainage district shall be applied and used exclusively for doing the work within or for the exclusive benefit of said subdrainage district for the construction of internal drains of said subdrainage district, and in carrying out and perfecting its internal drains.
Miss. Code Ann. § 51-5-7 — MS Code / Title 51 / Chapter 4 / 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. § 51-29-93 — MS Code / Title 51 / Chapter 26 / 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. § 51-15-103 — MS Code / Title 51 / Chapter 2 / Section 15-103
Miss. Code Ann. § 51-15-103
Status: in_force

The Pat Harrison Waterway Commission may hereafter be organized in this state under the provisions of this article, in the manner hereafter provided for. This water management district shall be an agency of the state and a body politic and corporate, and may be composed and is composed of the following counties, to wit: Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne. In addition, a municipality located in a county that is not a member of the district may join the district as provided in this chapter.
Miss. Code Ann. § 51-31-109 — MS Code / Title 51 / Chapter 31 / 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. § 51-31-21 — MS Code / Title 51 / Chapter 27 / Section 31-21
Miss. Code Ann. § 51-31-21
Status: in_force

Whenever a majority of the owners of lands within a district proposed to be organized into a drainage district, who shall have arrived at lawful age and who represent one third in area of the lands in such proposed district, or whenever one third of the land owners in such proposed district owning more than one half of the lands in said district desire to organize a drainage district for the construction of drains or ditches across the lands of others for agricultural and sanitary purposes, or to maintain and keep in repair any such drains and ditches heretofore constructed, or to establish in said district a combined system of drainage or protection from wash or overflow for agricultural and sanitary purposes, and to construct and maintain the same by special assessment upon the property benefited thereby, such owners may file in the chancery court a petition signed by a majority of the owners of said land who own one third of the lands proposed to be included in said district, or by one third of the owners of said lands who own more than one half of the lands in said proposed drainage district to be organized as aforesaid, setting forth the proposed name of said drainage district, the necessity for the same, the description of the lands to be included in said drainage district, the names of the owners when known, together with the post-office address of such owners if the same can be ascertained, and may pray for the organization of a drainage district by a name to be given to the same.
Miss. Code Ann. § 51-33-69 — MS Code / Title 51 / Chapter 33 / Section 33-69
Miss. Code Ann. § 51-33-69
Status: in_force

In any drainage district in the State of Mississippi in which more than fifty per cent of the land in such drainage district has prior to March 31, 1944, been forfeited to the state for taxes, the title thereto has matured in the state, and title to which is on said date in the State of Mississippi, and which has an outstanding bonded indebtedness, any landowner may secure the release of his lands, or any part thereof, from the lien of the assessment of benefits thereon for drainage purposes by paying to the drainage commissioners, either in cash, bonds, or interest coupons of such drainage district, or by credit on judgments rendered against the district for bonds and interest coupons, such an amount as may be determined as herein provided.
Miss. Code Ann. § 51-9-177 — MS Code / Title 51 / Chapter 2 / Section 9-177
Miss. Code Ann. § 51-9-177
Status: in_force

A person arrested by a reservoir police officer shall be handled or processed in the jurisdiction in which the offense was committed, in the same manner as if the arrest had been made by a sheriff or constable. If the reservoir police officer detains any person arrested by him, he shall forthwith deliver the arrested person to the sheriff of the county in which the offense was committed, and the reservoir police officer shall have no further authority as to the custody of such arrested person.
Miss. Code Ann. § 51-29-45 — MS Code / Title 51 / Chapter 17 / Section 29-45
Miss. Code Ann. § 51-29-45
Status: in_force

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

The assessment or assessments so levied shall be a lien on all of the real property of the district from the time that the same is levied by the chancery court or chancellor in vacation in an amount not to exceed the total amount of estimated benefits on all the real property in the district, shall be entitled to preference to all demands, executions, encumbrances, or liens whatsoever, and shall continue until such assessment, with any penalty and costs that may accrue thereon, shall have been paid. The remedy against such assessment shall be by appeal to the supreme court, and such appeal must be taken within twenty days from the time that said assessment has been made by the chancery court, or chancellor in vacation. On such appeal the presumption shall be in favor of the legality of the assessment.
Miss. Code Ann. § 51-29-153 — MS Code / Title 51 / Chapter 17 / Section 29-153
Miss. Code Ann. § 51-29-153
Status: in_force

When said board of commissioners of said consolidated district have been appointed and have qualified as required by law, the several boards of commissioners of the said separate drainage districts shall cease to exist, and their power and authority shall terminate. They shall be divested of all of the power and authority theretofore vested in said several boards of commissioners, and all of their said power and authority and jurisdiction in respect to the territory and drainage improvements of their said respective separate districts shall vest in, and thereafter be exercised by, said board of commissioners of said consolidated district.
Miss. Code Ann. § 51-4-21.8 — MS Code / Title 51 / Chapter 2 / 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. § 51-8-43 — MS Code / Title 51 / Chapter 3 / Section 8-43
Miss. Code Ann. § 51-8-43
Status: in_force

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

(2) The Board of Commissioners of the Yazoo-Mississippi Joint Water Management District is authorized to expend funds generated from the special tax levy under subsection (1) in connection with projects under the USDA, NRCS Mississippi Delta Comprehensive, Multipurpose Water Resource Plan hereinafter referred to as the “Mississippi Delta Study.” Such projects include low flows, interbasin transfers of new water supplies, on-farm storage reservoirs or conservation, and implementation activities such as the Sunflower River Low Flow Project and Well Field Project in Coahoma County, Mississippi. Expenditures under this subsection may include in-kind expenditures as well as direct expenditures, the cost and expenses of construction, operation and maintenance of the projects, and the cost and expenses of an indirect nature, such as technological assistance, engineering and scientific evaluation and analysis by technical personnel, labor, transportation and any expenditure that is intended to satisfy the districts' in-kind obligations in connection with the projects. However, the expenditures authorized by this subsection shall not extend to any project that relates to, encompasses or includes effluent treatment facilities or any water supply system to which the Safe Drinking Water Act applies, and any other projects that are determined by the district to be beyond the scope of the Mississippi Delta Study Projects.
Miss. Code Ann. § 51-31-75 — MS Code / Title 51 / Chapter 27 / Section 31-75
Miss. Code Ann. § 51-31-75
Status: in_force

After the construction of said system of main ditches for said drainage district, all landowners in said district may construct branch or lateral drains, either open or tile, leading into said ditches and thereby drain their respective lands into said main outlet. In case any two or more landowners desiring to construct a branch or lateral ditch or drain to drain their lands cannot agree upon the just proportion to be borne by each, any one of them may petition the commissioners to lay out a branch ditch leading to and draining their lands; and the commissioners may proceed to lay out the same by giving notice and making assessments on the land in said subdistrict in the same manner in which they are herein required to give for the organization of the main district and assessment of the property benefited thereby.
Miss. Code Ann. § 51-31-23 — MS Code / Title 51 / Chapter 25 / Section 31-23
Miss. Code Ann. § 51-31-23
Status: in_force

Where the land to be included in a proposed drainage district lies wholly within one county or a judicial district of a county, the petition for the organization of the district shall be filed in the chancery court of such county or judicial district. Where the lands to be included in such proposed drainage district lie in two or more districts or counties in this state, the petition shall be filed in the chancery court of the county or judicial district in which the greatest or greater number of acres of land to be included lie. Such chancery court or the chancellor thereof shall have jurisdiction of the entire drainage district, whether all of the proposed lands of the drainage district lie within the chancery court district, or a part of the lands lie outside thereof.
Miss. Code Ann. § 51-15-109 — MS Code / Title 51 / Chapter 1 / 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. § 51-3-35 — MS Code / Title 51 / Chapter 3 / Section 3-35
Miss. Code Ann. § 51-3-35
Status: in_force

(1) Upon approval of the application the board shall notify the applicant to that effect and issue a permit authorizing him to take all steps required to apply the water to the approved and proposed beneficial use. An application may be approved for a less amount of water than that requested if, in the opinion of the board, the approval of the full amount requested would interfere with a vested right or is against public interest. An applicant shall be entitled to proceed with construction and with the use of water in accordance with the approval and such limitations as may be prescribed by the board. No application shall be approved until the substance thereof shall have been published by the applicant in a newspaper having general circulation in the county wherein the point of diversion or withdrawal exists, at least ten (10) days before approval of such application, and a public hearing accorded any person whose rights may be adversely affected by such approval. At such hearing all persons concerned will be accorded the right of counsel and the right to introduce evidence in their behalf.

(2) If the application is refused the board shall so notify the applicant, and it shall be unlawful for such applicant to take any steps toward the use of any such water, so long as the refusal shall continue in force. Any person who proceeds to use water, without approval of the board being first obtained, may be enjoined in any court of competent jurisdiction.
Miss. Code Ann. § 51-8-11 — MS Code / Title 51 / Chapter 4 / Section 8-11
Miss. Code Ann. § 51-8-11
Status: in_force

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

If twenty percent (20%) or fifteen hundred (1500), whichever is lesser, of the qualified electors of a local governmental unit file a written petition with the governing body of such unit on or before the date specified for creation of the district, an election shall be held in the same manner prescribed by Section 19-5-157 .