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

The commissioners of any drainage district entering into agreement with the United States of America or any agency thereof, as hereinbefore provided, are hereby authorized and empowered to accept for the district the conveyance of any lands, within or without the district, and to…

The commissioners of any drainage districts entering into such agreements as are herein provided are authorized and empowered to fix and levy an annual ad valorem tax of not exceeding two mills on the dollar upon all of the real and personal property in the district, for the purp…

The commissioners of any drainage district heretofore or hereafter organized under the laws of the State of Mississippi, acting on behalf of the district or in cooperation with other drainage districts, are hereby authorized and empowered to give satisfactory assurances to the ch…

This article may be cited as the Urban Flood and Drainage Control Law.

(a) It is hereby declared, as a matter of legislative determination, that the lands and properties along the waterways and rivers of the state are among its basic resources, that the overflow and surface waters of the state have not heretofore been conserved or fully controlled t…

Flood and drainage control districts may now or hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided, whenever any part of such district lies wholly or partially in or adjacent to any part of a municipality having a populat…

(a) Any municipality which may be, in whole or in part, a part of a proposed flood and drainage control district organized under the terms of this article, and when authorized by a resolution of a majority of its governing authorities, may petition the chancery court of the count…

After the filing of the petition, the chancellor shall enter an order fixing the date, either in term time or in vacation, place, and time for a hearing of the cause on the original petition, exhibits, and any answers or other pleadings filed. The chancery clerk shall give notice…

The chancery court in which said petition shall be filed may hear the petition at any term thereof, or the chancellor of said court may fix a time to hear such petition at any time in vacation, may determine all matters pertaining thereto, may adjourn the hearing from time to tim…

Any person interested in or aggrieved by the final order of the court or of the chancellor, creating the district or dismissing the petition, and who was a party to the proceedings in the chancery court, may prosecute an appeal therefrom within ten days from the date of such decr…

(a) The said district through its board of directors is hereby empowered:(a) To impound, divert, change, alter, or otherwise control overflow water and the surface water of any river or its tributaries within the project area within or without such district at such place or place…

(a) All powers of the district shall be exercised by a board of directors, to be composed of the following:(a) In the event the proposed flood and drainage control district lies wholly within the limits of one (1) municipality, the governing authorities of said municipality shall…

All construction contracts of the district, which shall be let solely by the district shall comply with state purchasing and bid laws and the board of directors of the district shall award the contract pursuant to state purchasing and bid laws. The contractor will comply with the…

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the Board of Water Commissioners of the State of Mississippi, as provided in Section 51-3-31.

The board of directors of the district is hereby authorized and empowered to issue bonds of the district for the purpose of paying the costs of creating said districts, acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein,…

Before issuing any revenue bonds hereunder, the board of directors of the district shall adopt a resolution declaring its intention to so issue, stating the amount of bonds proposed to be issued, the purpose for which the bonds are to be issued, and the date upon which the govern…

Such elections shall be held, as far as is practicable, in the same manner as elections are held in county bond elections. In conducting such elections, the flood and drainage control district shall be divided into election districts in accordance with the then existing election …

When the results of the election on the question of the issuance of such bonds shall have been canvassed by the county election commissioners and certified by them to the board of directors of the district, it shall be the duty of such board of directors to determine and adjudica…

All such bonds provided by this article shall be negotiable instruments within the meaning of the Uniform Commercial Code, shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting, shall be in denominations of not less than one hundred dol…

(1) (a) To provide funds for the payment of the principal of, interest on, and other charges in connection with bonds issued under the provisions of this article, to provide funds for the annual expenses of operations of the district, and to provide funds for carrying out any of …

All bonds issued pursuant to this article shall be validated as now provided by law by Sections 31-13-1 through 31-13-11 Mississippi Code of 1972. The services of the state’s bond attorney may be employed in the preparation of such bond resolutions, forms, or proceedings as may b…

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance compani…

The accomplishment of the purposes stated in this article being for the benefit of the people of this state and for the improvement of their properties and industries, the district, in carrying out the purposes of this article, will be performing an essential public function and …

The board of directors of the district is hereby authorized and empowered, in its discretion, to borrow money from time to time, in an amount not to exceed Nine Hundred Thousand Dollars ($900,000.00) in the aggregate outstanding at any one (1) time, in order to defray expenses of…

The district may borrow funds for a period of not to exceed three years and may renew and extend said loans from time to time, from any city, municipality, county, state, the United States of America, or any of its agencies or departments, or from any other source to pay the prel…

(a) The board of directors shall designate one or more banks within any county in which any part of the district shall lie to serve as depositories for the funds of the district, and all funds of the district shall be deposited in such depository bank or banks. (b) Before designa…

The board of directors of the district is hereby authorized and empowered to negotiate and contract with the United States of America, the State of Mississippi, or any political subdivision thereof concerning the location, relocation, alteration, construction, changing, or closin…

The district shall have authority to act jointly with political subdivisions of the state, its agencies, and commissions and instrumentalities thereof, with other states, with municipalities, with the United States of America, and agencies, departments, and instrumentalities ther…

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article.

Nothing in this article shall be construed to violate any provision of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be hel…

The Legislature has previously stated its desire to improve the quality of water, prevent soil erosion and alleviate flood damage in Mississippi, and great strides have been made through the use of water impoundment structures constructed through federal watershed construction fu…

(1) There is created the Mississippi Watershed Repair and Rehabilitation Cost-Share Program to be administered by the Mississippi Soil and Water Conservation Commission (“commission”) through the Soil and Water Cost-Share Program for the purpose of assisting local watershed distr…

This chapter shall be known and cited as the “Mississippi Storm Water Management District Act.”

If no petition requiring an election is filed or if three-fifths (⅗) of those voting in the election provided in Section 51-39-9 vote in favor of the creation of the district, the governing body shall adopt a resolution or ordinance authorizing the creation of the district.

All costs incident to the publication of the notices, election and all other costs of meeting the requirements of this chapter shall be paid by the governing body.

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal autho…

(1) Within thirty (30) days following the adoption of the final authorizing resolution or ordinance, the designated representatives shall proceed to incorporate a district by filing for record in the office of the chancery clerk of the participating counties and/or the clerk of p…

(1) The incorporation agreement of any district may be amended in the manner provided in this section. The board of the district shall first adopt a resolution proposing an amendment to the incorporation agreement. The amendment shall be set forth in full in the resolution and ma…

(1) All powers of the district shall be vested in the board of commissioners. (2) If the district is composed of a single member, the governing body of that county or municipality shall serve as the board of commissioners of the district and shall exercise those powers and duties…

The board may contract with any member to provide support services. Any member may contract with or as part of their service contract with the district to provide any staff support, administrative and operational services as it deems advisable and on any terms as may be mutually …

(a) The district shall have all the rights and powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the following:(a) To sue and be sued in its own name;(b) To adopt an official seal and alter the seal at its pleasure;(c) To mai…

(1) Any regulations or best management practices adopted by the board under this chapter, shall be no more stringent or extensive in scope, coverage or effect than the regulations and best management practices promulgated or recommended by the United States Environmental Protecti…

The governing body of a member may exercise the power of eminent domain, upon written request of the board of commissioners, for the particular purpose of the acquisition of property for the district’s storm water management system. The power of eminent domain shall be exercised …

(a) The Legislature hereby finds and declares that:(a) Storm water may contain contaminants which can degrade surface water quality;(b) Due to the volume of water and the rate of flow, storm water runoff can pose a flood hazard to public and private property;(c) The proper manage…

(1) Any public agency may, in accordance with a duly adopted resolution or ordinance, contract with the district for the district to acquire, construct or provide facilities and projects to be owned by the district for furnishing storm water management and related services to the…

The district may at the direction of the governing bodies of the participating units of local government submit a storm water management plan as required state or federal environmental rules and regulations. The district may also provide services and facilities for implementation…