Title 51, Waters, Water Resources, Water Districts, Drainage, and Flood Control

The board of commissioners of any drainage district heretofore and hereafter organized under the provision of this chapter are hereby authorized and empowered, in their discretion, to lease lands owned by the drainage district for oil, gas, and mineral exploration and development…

The owner or owners of any tract or tracts of land situated within the boundaries of any drainage district that embraces land in more than one county of the state and was organized under this chapter may, in event the United States government, any agency or instrumentality thereo…

At said hearing, if said owner or owners shall have then paid over to the chancery clerk the amount set out in said petition and if all of the holders of not less than 95% in amount of the outstanding original indebtedness of the district and all of the holders of outstanding ref…

On the rendition of said order the chancery clerk shall pay over to the board of commissioners of said district the amount so paid in to him, which amount shall be held in a special fund to be deposited with the depository of said district under all protections now provided by la…

The commissioners appointed as aforesaid shall hold their offices, one (1) for two (2) years, one (1) for four (4) years, and one (1) for six (6) years, from the date of their appointment and until their successors are appointed and qualified. On the expiration of their terms of …

The said commissioners may adopt a common seal of the drainage district and alter the same at pleasure. They may, from time to time, make such bylaws, rules, and regulations, and alter and change the same as they may deem proper, not inconsistent with this chapter and the laws of…

Such plans and specifications shall show not merely the location, width, and depth of the ditches, but also the work to be done in removing obstructions from water courses, the building of pumping stations, dams, flumes, floodgates, fences to protect the district, and such levees…

If for any cause the improvements shall not be made, said costs shall be charged on the real property in the district, including railroads, if any, and shall be raised and paid by assessments in the manner hereinafter described; or, in the event said assessments are not made, or …

In any proceeding heretofore or hereafter had for the establishment of a ditch or drain or the doing of any other thing deemed necessary, when an engineer has been appointed and has made complete surveys and reports thereof, and for any reason the improvement has been abandoned a…

As soon as said board of commissioners shall have formed its plan and shall ascertain the cost of improvement, it shall file the same with the clerk of the board of supervisors. Said plans shall be accompanied by a map showing the location of all the main and lateral ditches, and…

Said commissioners shall proceed to assess the land within the district and shall inscribe in a book the description of each tract of land, the benefit to accrue to each tract by reason of such improvement, and shall enter such assessments of benefits opposite the description, to…

The words “real property”, whenever used in this chapter, shall have the same meaning as when used in the law providing for state and county revenues, and shall embrace all railroads within the district. The word “ditch,” as used in this chapter, shall be held to include branch o…

Upon the filing of such assessment, the chancery court, or the chancellor in vacation, shall enter an order directing the clerk of the chancery court to give notice by publication for two (2) weeks by two (2) insertions in some newspaper published and having a general circulation…

At the time designated in said notice the court, or chancellor in vacation, shall consider said complaint or objection and enter its or his findings thereon, either confirming such assessment or increasing or diminishing the same; and its or his findings shall be final and have t…

Any property owner may accept the assessment of damages in his favor made by the commissioners, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so unless he gives to said commissioners, within thirty days after the assessment is f…

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chance…

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

Proof of publication made in the manner prescribed by the Mississippi Rules of Civil Procedure shall be prima facie evidence of the facts therein recited. At the hearing the report and appraisement of the value of the land sought to be taken and the damages sustained by the owner…

Any landowner feeling aggrieved at the decree of the chancellor shall have the right to appeal in the manner provided in this chapter. No appeal shall interfere with the right of the district to enter upon and take possession of the property sought to be taken, or hinder the dist…

The chancery court or chancellor in vacation shall, at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board of commissioners of the district so to do, enter upon the minutes of the chancery court an order which shall have …

It shall be the duty of the board of supervisors of each county to make an annual tax levy, at the same time when the county tax levy is made or at any succeeding regular meeting, in an amount not exceeding the installment of assessment levied for that year sufficient to meet the…

It shall thereupon be the duty of the clerk of the board of supervisors to extend the amount of the said levy on the original or copy of the assessment roll of the district on file in his office, and to certify a copy of the levy to the tax collector of his county, who shall exte…

When one-fourth (¼) or more of the owners of real property within a proposed drainage district shall file a petition in the chancery court of the county to establish a drainage district to embrace their property, describing generally the region which it is intended shall be embra…

After the assessment of benefits or betterments and damages and the levy of assessments to be paid shall have been made and become final in the manner hereinbefore provided, and for the purpose of facilitating the collection of the assessments so levied, it shall be the duty of t…

The treasurer of each county may be the treasurer of all drainage districts organized under this chapter in their respective counties and, as such treasurer, shall receive from the county tax collector, whose duty it shall be to collect all moneys levied by said drainage commissi…

In making a settlement with the treasurer, the tax collector of each county shall pay the amount due the drainage district over to a drainage depository in his county, if there be one in his county; otherwise he shall pay the same to the drainage treasurer. The tax collector in m…

If the tax first levied shall prove insufficient to complete the improvement, the commissioners shall report the amount of the deficiency to the board of supervisors, and the board of supervisors shall thereupon make another levy on the property previously assessed for a sum suff…

(1) The board of commissioners herein mentioned shall have control of the construction of the improvements in their districts. They may make purchases and contracts in accordance with Section 31-7-13. (2) The chancery court or chancellor in vacation may remove any commissioner an…

All contractors shall be required to give a performance bond and a payment bond, which may be in one or in separate instruments, for the faithful performance of such contract as may be awarded them, with good and sufficient sureties in amounts to be fixed by the board of commissi…

For the purpose of constructing and maintaining the ditches and other improvements provided for under this chapter, for carrying out the purposes and provisions of this chapter, and for paying for the work incident thereto, the said board of commissioners shall have power to borr…

Said bonds when issued shall be registered by the clerk of the board of supervisors in a book kept for that purpose, which shall be a public record and shall be a faithful and correct register showing the date, number, amount, and date due of said bonds, the place of payment, and…

Said board of commissioners may also issue to the contractor or other persons who do the work, or any part thereof, negotiable evidences of debt of the district, bearing interest at a rate not to exceed six per cent per annum, secured in like manner as the bonds above provided fo…

No member of any board of improvement shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.

If land in more than one county is embraced in the proposed district, the application shall be addressed to the chancery court of any county of such district, and all proceedings shall be had in such chancery court. The chancery court, or the chancellor in vacation shall apportio…

The commissioners may at any time alter the plans of ditches and drains, but before constructing the ditches according to the changed plans, the changed plans with accompanying specifications, showing the width and depth of the ditches as changed, shall be filed with the clerk of…

Any landowner within the district may build ditches to drain his lands into the public ditches, and if any intervening landholders shall refuse permission to cross his lands with such ditch, the board of commissioners may, by proceedings according to the provisions of the chapter…

No corporation, individual, or other drainage district, outside the limits of any district organized or operating under the terms of this chapter, shall drain into any ditch belonging to any district formed or operating under the terms of this chapter, without first paying compen…

In case it is necessary to do so in order to obtain a proper outlet for the drainage system, the commissioners may construct ditches or do other work beyond the border of their district so as to carry the water to some proper outlet or otherwise to secure the object of the improv…

The drainage district shall not cease to exist upon the completion of its drainage system, but shall continue to exist as a body corporate for the purpose of preserving the system of drainage, keeping the ditch clear from obstruction, extending, widening, or deepening the ditches…

All taxes levied under the terms of this chapter shall be payable at the same time the state and county taxes are payable. The tax collector shall place the same upon the tax receipt along with the state and county and other taxes, shall collect all of the taxes due on said land …

When lands have been erroneously taxed for purposes of a drainage district, whether such land so taxed lies within or without the limits of the district, and the commissioners of such drainage district allow the claim for the amount of the taxes so erroneously paid, or where the …

Whenever such certificate or certificates are issued, the person or persons to whom the same is issued may use such certificate or certificates in purchasing any lands located in said district that have been forfeited to the State of Mississippi for failure to pay taxes thereon. …

Whenever the state treasurer and land commissioner shall have accepted any such certificate in the purchase of such lands, it shall be his duty to immediately forward the same to the drainage district commissioners with a statement as to the lands purchased and the amount of mone…

All bonds and evidences of indebtedness issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands and railroads subject to taxation under this chapter, in an amount not to exceed the amount of benefits assessed against such lands and rail…

As soon as the engineer has completed his survey of the proposed drainage district, he shall make a report thereof to the said temporary commissioners, who shall file the same with the clerk of the chancery court. Upon the filing of the report of said engineer, the chancery court…

To the payment of both principal and interest of the bonds and other negotiable evidences of debt to be issued under the provisions of this chapter, the entire revenues of the district from any and all sources and all real estate and railroads subject to taxation in the district …