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Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-1 - Creation of joint water management district; petition to existing district

(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.
Laws, 1985, ch. 481, § 1, eff. 7/1/1985; Laws, 1995, ch. 616, § 3, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-3 - Purpose of district

A joint water management district may be created for the purpose of establishing a water supply system, conserving water resources, developing additional water resources or any other water or wastewater management function not being performed by an existing water management district, except that such a district as described in Section
51-8-1
may not be created for the purpose of constructing, contracting for the construction of, or serving as a local sponsor for the construction of, any dam or other flood control facility or project, the primary purpose of which is to control flooding on any part of the Pearl River, Mississippi River, Yazoo River, Tombigbee River, Big Black River, Pearl River, Pascagoula River, Tallahatchie River, Yalobusha River, Homochito River, Buffalo River, Leaf River, Coldwater River, Sunflower River, Little Sunflower River, Wolf River, Yockanookany River, Ofahoma River, Strong River, Bogue Chitto River, Amite River, Bayou Pierre River, Tangipahoa River, Noxubee River, Buttahatchee River, Chunky River, Biloxi River, Tippah River, Hatchie River, Jourdan River, Bowie River, Chickasawhay River and Escatawpa River.
Laws, 1985, ch. 481, § 2, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-5 - Local government resolutions; contents

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.
Laws, 1985, ch. 481, § 3, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-7 - Public hearings

Each governmental unit proposing to form a joint water management district shall hold a public hearing in the same manner as set out in Section
19-5-155
.
Laws, 1985, ch. 481, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-9 - Findings required

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.
Laws, 1985, ch. 481, § 5, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-11 - Publication of findings; petition for election

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
.
Laws, 1985, ch. 481, § 6, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-13 - Adoption of resolution creating district

If no petition requiring an election be filed or if three-fifths (3/5) of those voting in said election vote in favor of the creation of such district, the governing body of such local governmental unit shall adopt a resolution creating the district as described in the initial resolution specified in Section
51-8-5
.
Laws, 1985, ch. 481, § 7, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-15 - Payment of costs

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.
Laws, 1985, ch. 481, § 8, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-17 - Appeals from local government findings

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the applicable governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of such bodies. However, if no such appeal be taken within a period of thirty (30) days from and after the date of the adoption of the resolution creating any such district, the creation of such district shall be final and conclusive and shall not thereafter be subject to attack in any court.
Laws, 1985, ch. 481, § 9, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-19 - District to be public corporation in perpetuity

From and after the date of adoption of the resolution creating a joint water management district, such district shall be a public corporation in perpetuity in its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
Laws, 1985, ch. 481, § 10, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-21 - Board of commissioners; membership; authority; withdrawal of district member

(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.
Laws, 1985, ch. 481, § 11, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-23 - Officers of board; duties; terms; official seal

The board of commissioners shall organize by electing one (1) of its members as chairman and another as vice chairman. It shall be the duty of the chairman to preside at all meetings of the board and to act as the chief executive officer of the board and of the district. The vice chairman shall act in the absence or disability of the chairman. Such board also shall elect and fix the compensation of secretary-treasurer who may or may not be a member of the board. It shall be the duty of the secretary-treasurer to keep all minutes and records of the board and to safely keep all funds of the district. The secretary-treasurer shall be required to execute a bond, payable to the district, in a sum and with such security as shall be fixed and approved by the board of commissioners. The terms of all officers of the board shall be for one (1) year from and after the date of election, and shall run until their respective successors are appointed and qualified.
Each board of commissioners shall adopt an official seal with which to attest the official acts and records of the board and district.
Laws, 1985, ch. 481, § 12, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-25 - Commissioners; qualifications; oath; compensation; meetings

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.
Laws, 1985, ch. 481, § 13, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-27 - Rules and regulations of board

The board of commissioners shall have the power to adopt, promulgate, modify and repeal, and to make exceptions to and grant exemptions and variances from, and to enforce, rules and regulations to effectuate the purposes of the creation of the district, provided that such regulations shall conform to and not conflict with regulations promulgated by state regulatory agencies responsible for regulating the activities which the district was created to perform.
Laws, 1985, ch. 481, § 14, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-29 - Powers of district, generally

Districts created under this chapter shall have the powers set out in the creating resolution not inconsistent with the powers set forth in this chapter, and in addition, the power and authority to acquire, construct, reconstruct, improve, better, extend, consolidate, maintain and operate facilities and to contract with any municipality, person, firm or corporation for services and for a supply and distribution of water, for collection, transportation, treatment and/or disposal of sewage and for services required incident to the operation and maintenance of such systems. Except as provided elsewhere in this chapter, as long as any such district continues to furnish any of the services which it was authorized to furnish in and by the resolution by which it was created, it shall be the sole public corporation empowered to furnish such services within such district.
Any district created pursuant to the provisions of this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created. No enumeration of powers herein shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. Such districts are empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under such sections.
Laws, 1985, ch. 481, § 15, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-33 - Powers of eminent domain

The board of commissioners may exercise, on behalf of the district, such powers of eminent domain as are specified in the creating resolution wherever and whenever public necessity and convenience so requires.
Laws, 1985, ch. 481, § 17, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-35 - Issuance of bonds

(1)
Any such district shall have the power to provide funds for the purpose of constructing, acquiring, reconstructing, improving, bettering or extending the facilities of such district or for the purpose of buying, leasing or otherwise acquiring the assets and facilities of any nonprofit, nonshare corporation chartered under Title 79, Chapter 11, or any other utility district by the issuance of revenue bonds. Such bonds shall be payable solely and only from the revenues of such facilities, and such revenues may be pledged from a portion of the service area of the district to the support of debt service for a specific series or issue of bonds if such apportionment is economically feasible.
(2)
Any such district shall have the power to provide funds, in addition to or in conjunction with the funds authorized in subsection (1) of this section, for water supply or pollution abatement projects by issuing special improvement pollution abatement bonds, special improvement water bonds, or combinations of special improvement water and sewer bonds, if the resolution creating the district authorized the governing bodies of the local governmental bodies to make assessments against benefitted properties as outlined in Section
51-8-45
. Such bonds shall be payable solely and only from charges assessed to benefitted properties as outlined in said Section
51-8-45
.
Laws, 1985, ch. 481, § 18, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-39 - Sale of bonds; interest rates; refunds; validation

The bonds issued under this chapter shall be sold for not less than par value plus accrued interest at public sale in the manner provided for in Section
31-19-25
, Mississippi Code of 1972; however, bonds may be sold to the United States of America or an agency or instrumentality thereof at private sale.
Each interest rate specified in any bid must be in multiples of either one-tenth of one percent (1/1
0
of 1%) or one-eighth of one percent (1/8 of 1%), and a zero rate of interest cannot be named.
Any revenue bonds issued under the provisions of this chapter may be refunded in like manner as revenue bonds of municipalities shall be refunded.
Any bonds issued under the provisions of this chapter shall be submitted to validation under the provisions of Sections
31-13-1
through
31-13-11
.
Laws, 1985, ch. 481, § 20, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-41 - Creation and enforcement of lien; appointment of receiver

There is hereby created a statutory lien in the nature of a mortgage lien upon any system or systems acquired or constructed in accordance with this chapter, including all extensions and improvements thereof or combinations thereof subsequently made, which lien shall be in favor of the holder or holders of any bonds issued pursuant to said sections, and all such property shall remain subject to such statutory lien until the payment in full of the principal of and interest on said bonds. Any holder of said bonds or any of the coupons representing interest thereon may, either at law or in equity, by suit, action, mandamus or other proceedings, in any court of competent jurisdiction, protect and enforce such statutory lien and compel the performance of all duties required by said sections, including the making and collection of sufficient rates for the service or services, the proper accounting thereof, and the performance of any duties required by covenants with the holders of any bonds issued in accordance herewith.
If any default is made in the payment of the principal of or interest on such bonds, any court having jurisdiction of the action may appoint a receiver to administer said district and said system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against said system or systems, and for payment of operating expenses, and to apply the income and revenues thereof in conformity with the provisions of this chapter and any covenants with bondholders.
Laws, 1985, ch. 481, § 21, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-43 - Special tax levy; district authorized to expend tax funds on projects related to Mississippi Delta Study

(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.
Laws, 1985, ch. 481, § 22; Laws, 2005, ch. 363, § 1, eff. 3/15/2005.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-47 - Rates, fees, tolls, and charges; penalties for nonpayment

The board of commissioners of the district issuing bonds pursuant to this chapter shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities of its system or systems; shall prescribe penalties for the nonpayment thereof; and shall revise such rates, fees, tolls or charges from time to time whenever necessary to insure the economic operation of such system or systems. The rates, fees, tolls or charges prescribed shall be, as nearly as possible, such as will always produce revenue at least sufficient to:
(a)
Provide for all expenses of operation and maintenance of the system or systems, including reserves therefor;
(b)
Pay when due all bonds and interest thereon for the payment of which such revenues are or shall have been pledged, charged or otherwise encumbered, including reserves therefor; and
(c)
Provide funds for reasonable expansions, extensions and improvements of services.
Laws, 1985, ch. 481, § 24, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-49 - Tax exemption

The property and revenue of such district shall be exempt from all state, county and municipal taxation. Bonds issued pursuant to this chapter and the income therefrom shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes, and it may be so stated on the face of said bonds.
Laws, 1985, ch. 481, § 25, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-51 - Construction contracts

All construction contracts by the district shall be made in accordance with the laws governing public contracts for counties and municipalities, being Sections
31-5-3
through
31-5-57
.
Laws, 1985, ch. 481, § 26, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-53 - Annexation of adjacent area; services within annexed territory

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
.
Laws, 1985, ch. 481, § 27, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-55 - Agreements with state or federal government

The board of commissioners of any district created pursuant to the provisions of this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both; to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both; and to execute and deliver at private sale notes or bonds as evidence of such indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both; and to pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. It is the purpose and intention of this section to authorize districts to do any and all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, construction, maintenance or operation of project facilities.
Laws, 1985, ch. 481, § 28, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-57 - Applicability of municipal standards

When any district is created within three (3) miles of the corporate boundaries of any existing municipality, the municipality is empowered to require such district to construct and maintain all facilities, whether purchased or constructed, to standards commensurate with those of the adjoining municipality; provided, however, the governing authorities of the municipalities may specifically waive compliance with any or all of such requirements.
Laws, 1985, ch. 481, § 29, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-59 - Additional statutory authority not required

The provisions of this chapter, without reference to any other statute or statutes, shall be deemed to be full and complete authority for the creation of such districts and for the issuance of such bonds. No proceedings shall be required for the creation of such districts or for the issuance of such bonds other than those provided for and required herein. All the necessary powers to be exercised by the governing bodies of member local governing units and by the board of commissioners of any such district, in order to carry out the provisions of such sections, are hereby conferred.
Laws, 1985, ch. 481, § 30, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-61 - Publication and filing of annual statement; contents

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.
Laws, 1985, ch. 481, § 31, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-63 - Corporate body, acquisition and assumption of powers, duties and responsibilities of joint water management district; petition; water management plan; grant of water management district status

(1)
If authorized pursuant to Section
51-9-121
,
51-11-13
,
51-13-111
or
51-15-119
, as applicable, any corporate body organized under the provisions of Chapters 9, 11, 13 and 15 of Title 51, Mississippi Code of 1972, may elect by resolution duly adopted by its board of directors, to acquire and assume the power, duties and responsibilities of a joint water management district as set forth in Sections
51-8-27
through
51-8-55
, Mississippi Code of 1972, by petitioning the Commission on Environmental Quality. The petition shall be in the form and content as prescribed by the commission and shall state the intention of the district to perform functions meeting the purposes for the creation of joint water management districts set out in Section
51-8-3
, Mississippi Code of 1972.
(2)
The commission may deny, grant preliminary approval of the petition and request additional information or grant preliminary approval of the petition and direct the district to proceed with the formulation of a water management plan for the district.
(3)
No petition shall be finally and unconditionally granted until the district has submitted to the commission a water management plan for the district that meets the criteria set forth by the commission. Upon submission of a district water management plan and the satisfactory completion of any other requirements, the commission may finally and unconditionally approve the district's petition and grant the district joint water management district status.
Laws, 1995, ch. 616, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 8 - JOINT WATER MANAGEMENT DISTRICTS (§§ 51-8-1 — 51-8-65) › Section 51-8-65 - Creation of joint district, approval of Commission required; approval of water management plan a condition for creation; amendments to plan; permits, grants and loans to be consistent with plan

(1)
From and after July 1, 1995, no joint water management district shall be created without the approval of the Commission on Environmental Quality. The commission may establish criteria for the approval of a request to create a joint water management district, but may not finally approve a request and grant joint water management district status until a water management plan for the proposed district has been approved by the commission. Any amendments to the district's water management plan must also be approved by the commission.
(2)
After the granting of joint water management district status to a district by the commission, neither the department, the permit board nor any other agency in the State of Mississippi shall issue any permit, grant or loan for any water related facility or project that is not consistent with a district's water management plan.
(3)
In its consideration of the consistency of a project, grant or loan with a district's water management plan, the department, permit board or other agency shall notify the affected water management district of the request for a permit, grant or loan and give the district a reasonable time, but not less than ten (10) days nor more than thirty (30) days, to respond to the request.
Laws, 1995, ch. 616, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 1 - DEVELOPMENT OF REGION BORDERING PEARL RIVER (§§ 51-9-1 — 51-9-11) › Section 51-9-1 - Pearl River Industrial Commission created

There is created the Pearl River Industrial Commission, composed of Hinds, Leake, Madison, Neshoba, Rankin and such other counties in the state through which or bordering which the Pearl River runs. The Governor shall appoint one (1) member to the commission from each county from a list of three (3) names to be submitted by the board of supervisors in each participating county. The three (3) names submitted by the board of supervisors of Madison County and the board of supervisors of Rankin County shall be the names of 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. In his appointment the Governor shall designate the chairman and vice chairman of the commission. Each member of the commission shall serve for a term concurrent with that of the Governor. The board of supervisors in any county through which or by which the Pearl River runs, other than those counties named above, may bring that county in as a member of the commission by resolution presented to the Governor; and the board of supervisors in such county may, in its discretion, call an election before taking such action, the election to be held as nearly as possible in the same manner other elections are held in the county.
The member appointed from Madison County who is serving on July 1, 2012, shall continue to serve until January 1, 2013, after which date the Governor shall appoint a member from Madison County who meets the residency requirements of this section. The person appointed under the provisions of this paragraph shall serve for the remainder of the unexpired term.
Codes, 1942, § 5956-41; Laws, 1956, ch. 169, §§ 1-5; Laws, 1979, ch. 309; Laws, 2012, ch. 549, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 1 - DEVELOPMENT OF REGION BORDERING PEARL RIVER (§§ 51-9-1 — 51-9-11) › Section 51-9-3 - Compensation and organization

The members shall serve without pay except they shall be reimbursed out of county funds provided by this article for their actual traveling expenses and other necessary expenses incurred in the performance of their official duties, in an amount equal to travel and subsistence expenses allowed state employees under law. Upon appointment, said members shall meet and organize at some place designated by the governor, which shall be in one of the participating counties; and the members shall set a regular time and place for the members of the commission to meet, secure offices and all necessary equipment, and employ such engineering, professional, clerical, stenographic, and other assistance as may be necessary to carry out the purposes of this article. An executive director may be appointed by the board if this is deemed advisable, and salaries of all personnel may be paid out of funds provided under the terms of this article in an amount agreeable to the commission.
Codes, 1942, § 5956-41; Laws, 1956, ch. 169, §§ 1-5.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 1 - DEVELOPMENT OF REGION BORDERING PEARL RIVER (§§ 51-9-1 — 51-9-11) › Section 51-9-5 - Powers and duties

The Pearl River Industrial Commission is hereby authorized and empowered to do any and all things necessary or deemed by it advisable in making a survey or surveys of the region bordering the Pearl River, to investigate the possibilities of developing such areas from an industrial, irrigational, and recreational standpoint, to attract new industries, and to conserve available water for irrigational and industrial purposes, acting in co-operation with the federal government or any agency thereof and with any other interested groups. It is contemplated that plans be considered and drawn and surveys made for the location of industrial sites and making the most advantageous use of available water supplies, to protect against pollution and to devise methods of disposing of industrial waste, and adapting a long-range plan of sewerage disposal for the area. The commission is charged with the responsibility of co-operating with the state board of water commissioners created by Section
51-3-15
.
Codes, 1942, § 5956-41; Laws, 1956, ch. 169, §§ 1-5.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 1 - DEVELOPMENT OF REGION BORDERING PEARL RIVER (§§ 51-9-1 — 51-9-11) › Section 51-9-7 - Funding

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.
Codes, 1942, § 5956-41; Laws, 1956, ch. 169, §§ 1-5.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 1 - DEVELOPMENT OF REGION BORDERING PEARL RIVER (§§ 51-9-1 — 51-9-11) › Section 51-9-9 - Article supplementary to other laws

This article shall be considered supplemental and additional to any and all other laws, and confers sufficient authority in and of itself for the purposes set forth herein.
Codes, 1942, § 5956-41; Laws, 1956, ch. 169, §§ 1-5.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 1 - DEVELOPMENT OF REGION BORDERING PEARL RIVER (§§ 51-9-1 — 51-9-11) › Section 51-9-11 - Donations by certain counties and municipalities

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.
Codes, 1942, § 5956-91; Laws, 1963, 1st Ex. Sess., ch. 12, §§ 1-3, eff. 3/2/1963.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 3 - PEARL RIVER VALLEY WATER SUPPLY DISTRICT (§§ 51-9-101 — 51-9-165) › Section 51-9-101 - Citation of article

This article may be cited as the Pearl River Valley Water Supply District Law.
Codes, 1942, § 5956-51; Laws, 1958, ch. 197, § 1, eff. 5/5/1958.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 9 - DEVELOPMENT OF REGION BORDERING PEARL RIVER; PEARL RIVER VALLEY WATER SUPPLY DISTRICT; METROPOLITAN AREA WATER SUPPLY ACT (§§ 51-9-1 — 51-9-227) › Article 3 - PEARL RIVER VALLEY WATER SUPPLY DISTRICT (§§ 51-9-101 — 51-9-165) › Section 51-9-103 - Legislative determination and declaration of policy

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.
Codes, 1942, § 5956-52; Laws, 1958, ch. 197, § 2, eff. 5/5/1958.