reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-113 - Interest rate of additional bonds

The bonds, notes, or other objects of indebtedness issued under the provisions of Section
51-31-111
shall bear interest not exceeding 6% per annum and shall be non-taxable.
Codes, Hemingway's 1917, § 4331; 1930, § 4428; 1942, § 4633; Laws, 1912, ch. 202.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-115 - Notice of issue to be published

Before the sale of any such bonds, notes, or other objects of indebtedness provided for in Sections
51-31-111
and
51-31-113
, the drainage commissioners shall publish notice to all parties interested for at least ten days of their intention to issue said additional bonds. Any time after the expiration of the ten days from the action of the chancellor in approving the action of the commissioners in the issuance of such bonds, notes, or evidence of indebtedness, and after ten days from the entry of the order of the chancellor, made in term time or vacation, approving the action of the commissioners in issuing such bonds, notes, or other evidences of indebtedness, any bonds, notes, or other evidences of indebtedness issued and sold by the commissioners shall be a lien on the lands assessed in the drainage district and shall be non-contestable.
Codes, Hemingway's 1917, § 4332; 1930, § 4429; 1942, § 4634; Laws, 1912, ch. 202.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-117 - Proceedings in rem

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.
Codes, Hemingway's 1917, § 4329; 1930, § 4430; 1942, § 4635; Laws, 1912, ch. 196.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-119 - Subdrainage districts authorized

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.
Codes, 1930, § 4431; 1942, § 4636; Laws, 1922, ch. 214.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-121 - Notice of subdistrict proceedings

Upon the filing of said report with the clerk, he shall make an entry to that effect upon the minutes of said court and shall set down and fix the term of court next thereafter convening, or shall set down and fix a day in vacation, as he may deem best, when the court or the chancellor in vacation shall hear said matter. The clerk shall thereupon give notice by publication for two weeks, by two insertions in some newspaper published in the county in which the greater part of the land lies, notifying all persons interested to appear at the term of court or day set in vacation and show cause, if any, why said subdistrict should not be organized or bonds be issued to pay for said work.
However, the day set for hearing shall not be more than sixty days after the first of said notices is published. The said notice by publication shall be full and complete notice to any and all persons interested, and shall confer full and complete power and authority upon the court or chancellor in vacation to act in said matter.
Codes, 1930, § 4432; 1942, § 4637; Laws, 1922, ch. 214.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-123 - Creation of subdistrict

At the time so appointed by the clerk, the court or chancellor in vacation shall hear the said matter and the objections, if any, of any person or firm interested. If the court or chancellor in vacation shall find that said subdrainage district will conduce to the public benefit and that the same should be organized, the court or chancellor in vacation will enter an order to that effect. Nothing in this section shall be construed so as to prohibit the formation and organization of a drainage district wholly or partly within a drainage district already organized. A district independent of the district already organized may be organized where a part or all of the lands are in the district already organized, provided that the petition of the landowners is presented as heretofore specified and asks that said court or chancellor in vacation constitute them a drainage district under the terms of Sections
51-31-119
through
51-31-127
, and that the notice set out in Section
51-31-121
has been given. Thereafter proceedings shall be had substantially in conformity with this chapter for the creation of an original drainage district hereunder. When such a subdrainage district is organized as herein provided, it shall have all the rights, privileges and powers of any other district and shall have full power to make and levy assessments, issue bonds independent of any other district, and do all other things now provided by law for the formation and organization of a drainage district under this chapter. When any such district is organized, the several parcels of land thereof that are included within the corporate limits of the original drainage district shall still be liable to the district already organized for all assessments of benefits theretofore made or to an assessment of benefits thereafter levied, if any, or received by them; and in like manner shall receive credit for any work done which is a benefit to the district already organized.
Codes, 1930, § 4433; 1942, § 4638; Laws, 1922, ch. 214.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-125 - Subdistricts managed by drainage commissioners

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.
Codes, 1930, § 4434; 1942, § 4639; Laws, 1922, ch. 214.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-127 - Separate financial account kept for subdrainage district

The drainage commissioners and the treasurer of the main drainage district shall keep a separate account of all funds and expenses and payments of a subdrainage district, so that at any time the account will show the exact financial condition of such subdrainage district, both as to receipts and disbursements.
Codes, 1930, § 4435; 1942, § 4640; Laws, 1922, ch. 214.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-129 - Collection of taxes

All taxes levied under the terms of any drainage law of the State of Mississippi shall be payable at the same time the state and county taxes are payable, and if any taxes so levied under this chapter are not paid at maturity, the tax collector of the county where the land is situated shall, after having advertised said lands for sale for the same length of time and in the same manner as land delinquent for state and county taxes are now required to be advertised, sell the lands so delinquent for taxes thereon, together with all costs and five per centum damages on the amount of taxes for which the land was sold. Said sale shall be separate and distinct from all other sales for taxes, but shall be held at the same place and time where sales of delinquent lands for state and county taxes are held.
Codes, 1930, § 4440; 1942, § 4645; Laws, 1926, ch. 301; Laws, 1934, ch. 227.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-131 - Delinquent lands

When lands are offered for sale for unpaid drainage district taxes and no person will bid therefor the amount of taxes, damages, and costs due, the same shall be struck off to the drainage district wherein the land lies, and otherwise dealt with as lands which are sold to the state for delinquent state and county taxes. The drainage commissioners shall be authorized to pay the state and county taxes on lands thus acquired by it, to redeem the same from state and county tax sales, and to collect the money thus paid with the same damage and interest allowed individuals in similar cases under the general revenue laws of the state therein from the date of such payment, upon the redemption of lands from the drainage district sale.
Codes, 1930, § 4441; 1942, § 4646; Laws, 1926, ch. 301.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-133 - Tax lists

The lists of lands sold by the tax collector to individuals and to the drainage district shall be made as required to be made by the state and county collector for state and county lands, and shall be filed with the clerk of the chancery court within ten days after the tax sale. Each shall have the same force and effect, confer the same rights, and be entitled to the same remedies for redemption and otherwise as lists made for delinquent taxes by the state and county collector for state and county lands. But such title shall be subject to a title acquired under a sale for state and county taxes.
Codes, 1930, § 4442; 1942, § 4647; Laws, 1926, ch. 301.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-135 - Record of tax sales

A list of conveyances of lands sold to drainage districts for drainage district tax or to individuals shall be recorded in a well-bound and indexed book, which shall be kept in the office of the chancery clerk of the county in which said drainage district is located. It shall be the same book in which other tax sales to individuals are recorded, and shall have the same effect as notice.
Codes, 1930, § 4443; 1942, § 4648; Laws, 1926, ch. 301.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-137 - Expiration of redemption period

After two years' time for redemption has expired, the drainage district commissioners may take possession of land sold to the district for said district, and lease or sell any lands which it has acquired at tax sale to any person in the manner that the said commissioners may think is to the best interests of the district.
Codes, 1930, § 4444; 1942, § 4649; Laws, 1926, ch. 301.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-139 - District placed under supervisors

On petition of one third of the landowners owning one half of the land or one half of the landowners owning one third of the land located in any drainage district, the chancery court, if it be satisfied that the petition contains the percentage of the landowners as outlined above, shall set a date and place for a hearing on the matter and order notice given of the time and the place of said hearing, the same to be set in vacation or term time according to the order of the chancellor. The notice shall be given by three weeks' publication in a newspaper published or having general circulation in the county where the drainage district is located, and shall be directed substantially to the landowners, lienholders, bondholders, and all others interested in the drainage district referred to. Said notice shall be complete on the publication of the same in the said newspaper for three consecutive weekly issues, the first notice to be at least three weeks before the date of hearing. At the time and place fixed for the hearing or at any other time or place to which the same shall have been lawfully postponed by the chancellor, the said chancery court, if satisfied that the aforesaid conditions have been fulfilled and that all projects of said drainage district have been completed, shall transfer all the duties, power, and authority of any drainage commission or drainage commissioners of any drainage district lying wholly within one county, and impose the same upon the board of supervisors of the county in which the particular drainage district lies. The board of supervisors of the county in which any such completed drainage project lies shall have charge of maintenance, repair, and upkeep of such completed construction project and shall make report of same annually to the chancery court of the county, but no additional compensation shall be allowed the board of supervisors for the discharge of services hereby imposed. It is provided that on the making of the order of transfer, as above outlined, the compensation and authority of any drainage commissioner or set of drainage commissioners regarding any such drainage district, as above outlined, shall immediately cease on the signing of the decree of transfer above provided for.
It is distinctly provided that this section shall not apply in any manner whatsoever to drainage districts lying in two or more counties of the state.
Codes, 1942, § 4657; Laws, 1932, ch. 186; Laws, 1934, ch. 228.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-141 - Procedure for districts to come under this chapter

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 landholders 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.
Codes, 1930, § 4446; 1942, § 4672; Laws, 1956, ch. 348.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-143 - Drainage law construed

This chapter shall be liberally construed to promote the ditching, drainage, and reclamation of wet, swampy, and overflowed lands. The collection of assessments shall not be defeated by reason of any omission, imperfection, or defect in the organization of any district or in any proceedings occurring prior to the decree of the court confirming assessment of benefits and damages; but said decree shall be conclusive that all prior proceedings were regular and according to law. In case any assessment shall be held to be void for want of notice, the said commissioners may, upon motion, be permitted to give such owner due notice and ask for a time to be set by the court or chancellor in vacation. The court or chancellor shall set such time for hearing any and all objections that said landowner may have to such proceedings and assessment, may make such order in reference thereto as justice may require, and shall assess to such landowner his just proportion of the benefits received by him by such proposed work. Thereupon such assessment as to such landowner shall be conclusive.
Codes, 1906, § 1711; Hemingway's 1917, § 4300; 1930, § 4436; 1942, § 4641.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-1 - Soil and water conservation and utilization

The purpose of Sections
51-33-1
through
51-33-9
is to confer certain additional powers on drainage districts already created or to be created under the laws of the State of Mississippi for the purposes of cooperating with the government of the United States and landowners in soil and water conservation and utilization programs for the further development of the economy of this state.
Codes, 1942, § 4606.5; Laws, 1955, Ex. ch. 92, §§ 1-5; Laws, 1958, ch. 456, § 3; Laws, 1960, ch. 176; Laws, 1966, ch. 228, § 1, eff. 6/11/1966.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-5 - Petition for conservation powers

Before the additional powers granted by Sections
51-33-1
through
51-33-9
shall become applicable to any drainage district in this state, the commissioners of such district shall file a petition in the chancery court requesting such additional powers as set forth herein, whereupon the chancery clerk shall immediately publish a notice in a newspaper having general circulation in the said drainage district for two successive insertions, giving notice of said petition and designating a date, not less than ten days after the last publication of notice, at which a hearing may be had on said petition; and proceedings shall be conducted in so far as possible in accordance with procedures set forth for determining whether or not the district shall be created in the first instance, and the chancellor shall render his decree accordingly.
Codes, 1942, § 4606.5; Laws, 1955, Ex. ch. 92, §§ 1-5; Laws, 1958, ch. 456, § 3; Laws, 1960, ch. 176; Laws, 1966, ch. 228, § 1, eff. 6/11/1966.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-7 - Creation of district for conservation purposes

In areas not presently within the boundaries of an existing drainage district, and in areas partially within and partially without the boundaries of existing drainage districts, the real property owners may proceed to organize a drainage district for carrying out the purposes of Sections
51-33-1
to
51-33-9
, and such organization of such district may be carried out for said purposes according to any one of the different procedures for organization of drainage districts set forth in chapters 29 and 31 of this title; and after organization such district shall have all the powers vested by law in such district.
Codes, 1942, § 4606.5; Laws, 1955, Ex. ch. 92, §§ 1-5; Laws, 1958, ch. 456, § 3; Laws, 1960, ch. 176; Laws, 1966, ch. 228, § 1, eff. 6/11/1966.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-9 - Construction of conservation program

The purpose of Sections
51-33-1
through
51-33-9
is to enable existing drainage districts or newly created drainage districts as provided herein to enter into cooperative agreements and programs to carry out the purposes of Public Law 566, 83rd Congress of the United States, or other laws of the national Congress pertaining to soil and water conservation and utilization. Said sections are to be given a broad construction to the end that those purposes may be carried out; and to this end all political subdivisions of the State of Mississippi, all agencies and departments of the state government, and all soil conservation districts are authorized to cooperate with, expend funds for, and enter into agreements with drainage districts and any agencies of the United States government for the purposes of carrying out the provisions of said sections and said Public Law 566, 83rd Congress, or other laws of the national Congress pertaining to soil and water conservation and utilization.
However, none of the additional powers granted by Sections
51-33-1
through
51-33-9
shall be exercised except for the purpose of participating in a program or programs authorized under Public Law 566, 83rd Congress of the United States, or other laws of the national Congress pertaining to soil and water conservation and utilization.
Codes, 1942, § 4606.5; Laws, 1955, Ex. ch. 92, §§ 1-5; Laws, 1958, ch. 456, § 3; Laws, 1960, ch. 176; Laws, 1966, ch. 228, § 1, eff. 6/11/1966.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-11 - Additional powers for beneficial use of water

The general powers granted to drainage districts by the laws under which they were created and those granted to drainage districts under the provisions of Sections
51-33-1
through
51-33-9
are further hereby expanded to permit all drainage districts created under said sections, and all those modified by the application of their provisions, and all drainage districts created in the state to exercise the following additional powers:
(a)
To construct, operate, and maintain works of improvement, structures, and related measures needed for the impoundment, diversion, flowage, and distribution of waters for beneficial use as defined in subsection (e) of Section
51-3-3
.
(b)
To make additional assessments and issue bonds for constructing, maintaining, and operating any structure or improvement established as provided herein, in the same manner as outlined in subsection (f) of Section
51-33-3
; to contract with the users of water provided for beneficial use for funds to defray the cost of maintaining dams, diversion structures, flumes, channels, pumping costs, and to provide administrative and other costs incident to the sale and beneficial use of water.
Codes, 1942, § 4606.1; Laws, 1958, ch. 456, § 1.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-13 - Cooperative agreements for conservation programs

It is the intention of Sections
51-33-9
through
51-33-15
to permit all drainage districts to enter into cooperative agreements and programs and cooperate in carrying out the purposes of Public Law 566, 83rd Congress of the United States, or other laws of the national Congress pertaining to soil and water conservation and utilization, as provided in Sections
51-33-1
through
51-33-7
, and to implement and give effect to Sections
51-3-1
through
51-3-53
in order to make full beneficial use of available surface water in this state.
Codes, 1942, § 4606.3; Laws, 1958, ch. 456, § 2.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-15 - Water management district

Upon the exercise of any power under the provisions of Sections
51-33-1
through
51-33-9
or under the provisions of Sections
51-33-11
through
51-33-15
, a drainage district shall be and become known as a "water management district."
Codes, 1942, § 4606.7; Laws, 1958, ch. 456, § 4.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-17 - Borrowing funds from government agencies

Drainage districts existing or hereafter created under the laws of the State of Mississippi and having secured the powers conferred by Sections
51-33-1
through
51-33-9
, may borrow funds for any purpose authorized by law from state agencies, political subdivisions of the state, other organizations created under state laws, the government of the United States, and agencies thereof, at an interest rate not to exceed five per cent (5%) per annum. The terms of all such loans are to be approved by the chancery court or the chancellor in vacation. Such loans shall be evidenced by the promissory note of said district and shall be executed in the name of the district by its commissioners. As security therefor said commissioners may pledge and assign the entire revenues of said district, not to exceed the amount of benefits or assessments approved and confirmed against the property of said district.
Codes, 1942, § 4606.6; Laws, 1960, ch. 179.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-19 - Funds for repairs and restoration

The commissioners of any drainage district organized and existing under any law of this state are hereby authorized and empowered to issue and sell the negotiable certificate of indebtedness of such district as herein provided, 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. No such certificates of indebtedness shall be so issued for the purpose of constructing any new ditches or new works of improvement in any such district.
Codes, 1942, § 4609-01; Laws, 1946, ch. 271, §§ 1-5; Laws, 1962, ch. 159.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-21 - Certificates of indebtedness for repairs

Such certificates of indebtedness shall in no case be issued in a principal amount which, when added to any outstanding certificates of indebtedness issued hereunder, will exceed fifteen per centum (15%) of the total amount of benefits assessed and confirmed against the land and other property within any such district in connection with the original construction of the drainage system therein which is to be so cleaned out, restored, repaired, and rehabilitated, in whole or in part. Such certificates of indebtedness shall bear such date or dates, shall mature at such time or times not exceeding sixty (60) months from the date thereof, shall bear interest at such rate or rates not exceeding eight per centum (8%) per annum, payable semiannually, shall be of such denomination or denominations, shall be payable at such place or places within or without the State of Mississippi, and shall be sold in such amount or amounts and at such price or prices not less than their par value and accrued interest, all as shall be determined by resolution of such commissioners.
Codes, 1942, § 4609-01; Laws, 1946, ch. 271, §§ 1-5; Laws, 1962, ch. 159; Laws, 1974, ch. 361, § 2, eff. 3/14/1974.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-23 - Tax levy for repairs

For the purpose of providing for the payment of the principal of and the interest on any certificates of indebtedness issued hereunder, there shall annually be levied upon all lands and other property within such district, in proportion to the benefits assessed and confirmed thereon as aforesaid, such a rate of taxation as shall be sufficient to provide for the payment of such principal and interest when due, making due allowance for delinquencies in the payment of such taxes and costs of collection. Such levy shall be made in the same manner and at the same time as and when other tax levies are required by law to be made for such district; and such taxes shall be extended upon the tax books of such district and shall be secured, enforced, and collected at the same time and in the same manner and by the same officials as other taxes of such district are secured, enforced, and collected. All 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.
Codes, 1942, § 4609-01; Laws, 1946, ch. 271, §§ 1-5; Laws, 1962, ch. 159.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-25 - Hearing on indebtedness for repairs

Before issuing any certificates of indebtedness hereunder, the commissioners of such district shall give notice of their intention to do so and shall cause such notice to be published in some newspaper having a general circulation in each county wherein such district is situated. Such publication shall be made once each week for two consecutive weeks prior to the date to be named therein, when the commissioners shall meet to hear objections of any interested person as to why such certificates of indebtedness should not be issued and taxes levied for the payment thereof, as herein provided. At the time and place fixed for the holding of such hearing, the commissioners of such district shall hear and act upon all such objections in a summary manner, and their disposition thereof shall be final and conclusive on all parties.
Codes, 1942, § 4609-01; Laws, 1946, ch. 271, §§ 1-5; Laws, 1962, ch. 159.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-27 - Authority for indebtedness for repairs

Sections
51-33-19
through
51-33-27
shall be deemed to be full and complete authority for the issuance of certificates of indebtedness of drainage districts; and none of the present restrictions, requirements, conditions, or limitations of law applicable to the borrowing of money by drainage districts shall apply to the issuance and sale of certificates of indebtedness under said sections. No proceedings shall be required for the issuance of such certificates other than those provided for and required therein, and all powers necessary to be exercised by the commissioners of any such drainage district in order to carry out the provisions of said sections are hereby conferred.
Codes, 1942, § 4609-01; Laws, 1946, ch. 271, §§ 1-5; Laws, 1962, ch. 159.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-29 - Cooperative agreements with U.S. Corps of Engineers

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.
Codes, 1942, § 4606.4; Laws, 1964, 1st Ex. Sess. ch. 14.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-31 - Borrowing from Farmers' Home Administration

Drainage districts already created or to be created under the laws of this state are hereby authorized and empowered to borrow money from the Farmers' Home Administration, an agency of the United States, to be used for the purposes for which said districts are created and upon such terms as may be agreed upon by the district and the Farmers' Home Administration.
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 Farmers' Home Administration as herein stated.
Codes, 1942, § 4606.4; Laws, 1964, 1st Ex. Sess. ch. 14.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-33 - Irrigation of farm lands

All drainage districts of this state may, in the discretion of the drainage commissions of said district, permit the use of water from the drainage canals and the putting into drainage canals of water from natural bodies of water or streams, for the purpose of irrigation of farm lands, under such restrictions as the districts may impose when, in the judgment of the commissioners acting on the advice of the engineer of the district or any other competent engineer employed by it, such permit or permits will not be detrimental to the district or injurious to the landowners therein.
Codes, 1942, § 4673.5; Laws, 1950, ch. 425; Laws, 1952, ch. 309; Laws, 1954, ch. 155, § 1.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-35 - Contract for irrigation funds

The drainage commissioners of all drainage districts of this state are hereby authorized, for the purpose of irrigation of farm lands as set out in Section
51-33-33
, to contract with the users thereof for the funds with which to provide the water and maintain the ditches for irrigation purposes authorized by Sections
51-33-33
and
51-33-35
. However, no contract shall be made whereby the drainage of the lands composing the drainage district, the canals or ditches of which are used for irrigation purposes as herein authorized, shall be destroyed or impaired, it being the purpose and intent of said sections to authorize the use of said canals and ditches for irrigation purposes only in such manner as will not destroy or impair the original and primary purpose of the district to afford drainage to the lands within the district.
Codes, 1942, § 4673.7; Laws, 1954, ch. 155, § 2.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-39 - Refunding bonds

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.
Codes, 1930, § 4437; 1942, § 4642; Laws, 1924, ch. 262; Laws, 1928, ch. 236; Laws, 1984, ch. 506, § 9, eff. 5/15/1984.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-41 - Payment of refunding bonds

The administrative or governing authority of each such district issuing refunding bonds as above provided and the board of supervisors of the county or counties shall annually levy a tax upon all lands and property subject thereto in such district, in proportion to the benefits originally assessed and sufficient to pay the interest on the bonds and the principal of any such bonds becoming due the ensuing year, and shall certify the amount of such tax to the tax collector or tax collectors of the county or counties in which the lands are situated and assessed. In levying the tax, account shall be taken of all payments theretofore made for taxes on each specific tract of land in the district, so that each tract of land within the district may ultimately be made to bear its equitable and just proportion of taxes for the district according to the original assessment against it. Such taxes shall be collected and the levy and payment thereof enforced at the time and in the manner and by the means now or hereafter provided for the collection of drainage and levee taxes in such district. The total of such taxes, exclusive of taxes levied for interest on such bonds and on the bonds to be refunded, shall not exceed the benefits assessed upon any tract of land in said district.
Codes, 1930, § 4438; 1942, § 4643; Laws, 1928, ch. 49.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-43 - State sale of tax lands

No sale of tax lands in any drainage district organized under any of the laws of this state shall be made unless and until the state land commissioner is furnished by the applicant with a certificate signed by the president or secretary of the board of commissioners or other governing authority of the said drainage district in which such land is situated, certifying that arrangements, satisfactory to said board of commissioners for the payment of the drainage taxes accruing upon said land subsequent to the sale for delinquent taxes have been made with the applicant.
Codes, Hemingway's 1917, § 4469; 1930, § 4488; 1942, § 4714; Laws, 1912, ch. 195; Laws, 1926, ch. 303; Laws, 1934, ch. 227; Laws, 1936, ch. 174.