Water Management Districts

Miss. Code Ann. tit. 51, ch. 7
in effect

Miss. Code Ann. § 51-7-1 Purpose of chapter.

The purpose of this chapter is to provide for the creation of master water management districts for the carrying out in an orderly manner of works of improvement for the purposes of drainage, prevention of floodwater damage, or the conservation, development, utilization, and disposal of water, including the impoundment, diversion, flowage, and distribution of waters for recreation, beautification, welfare, and other beneficial use as defined in Sections 51-3-1 through 51-3-53. The authority herein granted to master water management districts shall be limited to plans for works of improvement developed and carried out in cooperation with the secretary of agriculture under the provisions of Public Law 566, 83rd Congress, as amended, or projects for any of the purposes provided for by this chapter which may be developed and carried out by or in cooperation with any agency or agencies of the United States government under other laws of the United States.

Miss. Code Ann. § 51-7-3 Definitions.

For the purposes of this chapter the following words and terms shall have these meanings: “Master water management district.” A governmental subdivision of this state and a public body, corporate and politic, created under the provisions of this chapter for the purposes set forth in Section 51-7-1. “Drainage district.” Any drainage district organized under the laws of this state. “Water management district.” Any water management district created under the laws of this state. “Commissioner.” Unless otherwise indicated, one of the members of the governing board of a master water management district. “Landowner” or “owner of land.” Any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter. “Chancery court” or “chancellor.” The chancery court or chancellor acting in term time or vacation.

Miss. Code Ann. § 51-7-5 Territory of districts.

Master water management districts may be organized from the territory of two or more existing drainage or water management districts, from the territory of parts of two or more of such existing districts, from territory in whole or in part of one or more of such existing districts and territory not now included in any such existing district, or from territory not now included in any drainage or water management district. Whenever a proposed master water management district is to be composed of lands lying wholly within existing drainage or water management districts, whether or not such master water management district is to include all or parts of said existing districts, and the commissioners of such existing districts desire to form a master water management district, they shall petition the chancery court for the creation of such master water management district. Such petition shall be signed by the president or chairman and the secretary of the board of commissioners of each petitioning drainage or water management district; and there shall be affixed to said petition a certificate by the secretary of each such district, certifying that the execution of such petition by said officers in behalf of such drainage or water management district has been duly authorized by the commissioners thereof. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district. Whenever such proposed master water management district is composed of lands lying partly within and partly without one or more existing drainage or water management districts and the creation of such district is desired, a petition proposing the creation of such master water management district shall be filed in the chancery court; and such petition shall be signed by the president or chairman and secretary of the board of commissioners of each petitioning drainage or water management district as to the lands within each such district and by at least one half (1/2) of the landowners owning at least one third (1/3) of the lands or by at least one third (1/3) of the landowners owning at least one half (1/2) of the lands as to the lands not then within any such existing district, excluding lands owned by the state. There shall be affixed to said petition a certificate by the secretary of each such existing district, certifying that the execution of such petition in behalf of such drainage or water management district has been duly authorized by the commissioners thereof. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district. Whenever such proposed master water management district as composed of lands lying entirely without any existing drainage or water management district and the creation of such district is desired, a petition proposing the creation of such master water management district shall be filed in the chancery court; and such petition shall be signed by at least one half (1/2) of the landowners owning at least one third (1/3) of the lands or by at least one third (1/3) of the landowners owning at least one half (1/2) of the lands to be included within such district, excluding the lands therein owned by the state. Said petition shall be filed in the chancery court district in which the largest acreage of such proposed district is situated and in the county, or either of the judicial districts thereof, in such court district having the largest acreage in such court district. If the petition for creation of the master water management district includes any area lying in whole or in part within a levee district duly constituted under the laws of this state, there shall be attached to the petition a copy of a resolution adopted by the levee board of such levee district, approving the proposed petition for creation of the master water management district.

Miss. Code Ann. § 51-7-7 Enlargement or reduction of district.

A master water management district may be enlarged in the same manner as provided by law for the organization of such district. The petition shall be filed by the commissioners of the master water management district who shall represent in such petition all water management districts therein. A master water management district may be reduced in the same manner, by petition signed by its members and publication as provided for by Section 51-7-11.

Miss. Code Ann. § 51-7-9 Content of petition.

A petition for creation of a master water management district shall set forth the proposed name of the district, the necessity for the district, and a general description of the region intended to be embraced therein; and it shall pray for the organization of the district by the name proposed.

Miss. Code Ann. § 51-7-11 Notice and hearing for creation of district.

Upon the filing of a petition for creation of a master water management district, and after fixing of the time, date, and place of hearing by the chancellor, the chancery clerk of the county wherein such petition is filed shall immediately publish a notice directed to the owners of land to be embraced in the proposed district, giving notice of the said petition and designating a date, not less than ten days nor more than twenty days after the last publication of notice, at which a hearing will be had on the petition. Said notice shall be published in a newspaper in each county wherein a part of such district is situated, such paper to have a general circulation in the area in said county wherein such portion of such district may be located, and said notice shall be published for three weeks in such newspaper. If there be no newspaper published in such county, then the notice provided herein shall be posted for not less than fifteen days, with one copy being posted on the bulletin board at the county courthouse and two copies posted at public places in the area proposed to be included in said master water management district. Said notice shall call upon landowners in such proposed district to show cause, if any, against establishment of such district, and such notice shall be in substantially the following form, to wit: “To all persons owning any interest in the following described lands, to wit: (with a description of the lands to be in subdivisions no smaller than quarter sections).” Upon the date designated in the notice, or upon a subsequent day to which the matter may be continued, the chancery court shall hear all objections, if any are offered, to the organization of said district. Unless at the hearing at least one third (1/3) of the landowners owning at least one half (1/2) of the land proposed to be included in the district or at least one half (1/2) of the landowners owning at least one third (1/3) of the land proposed to be included in the district shall object to the organization, further proceedings shall be had as hereinafter provided; but the district shall not be organized in the event of such objection by at least one third (1/3) of the landowners owning at least one half (1/2) the land or by at least one half (1/2) of the landowners owning at least one third (1/3) of the land, excluding state-owned lands.

Miss. Code Ann. § 51-7-13 Board of commissioners.

If the chancery court determines that any objections filed are not sufficient to defeat the organization of the district, and if it be determined by the chancery court to proceed with the organization of the proposed district, the chancery court shall enter an order appointing at least five commissioners who, as the board of commissioners of said master water management district, shall be its governing body. Each of said commissioners shall be a qualified elector of this state and a landowner in the territory proposed to be included in said district, and there shall be at least one such commissioner who is a landowner within each drainage district or water management district having territory in such master water management district and at least one who is a landowner within the territory to be included in such master water management district which is not within an existing drainage or water management district. The term of office of commissioners of a master water management district shall be four years, except that in making the first appointments the chancery court shall appoint at least three commissioners for terms of one, two, and three years respectively, in order that the terms of all commissioners shall not expire at once; and each commissioner shall serve for the term for which he is appointed and until his successor has been appointed and has qualified. Subsequent appointments and appointments to fill vacancies in office shall be made by the chancery court in the court district of original jurisdiction in the creation of the master water management district. If a majority of the landowners in any such district or proposed district by number petition the court for the appointment of any particular qualified person, such person shall be appointed by the court, provided the requirements of the first paragraph of this section are fulfilled. The commissioners shall take the oath of office required by section 268 of article 14 of the constitution of the state and shall give bond in the penalty of not less than five thousand dollars ($5,000.00) payable to the state for the use and benefit of the master water management district, such bond to be filed with and approved by the chancery clerk of the county in which the petition was filed. The commissioners shall immediately organize and select one of their number as president and another of their number as secretary for a term not to exceed four years. Commissioners shall receive compensation for their services at the rate of twelve dollars and fifty cents ($12.50) per diem provided for commissioners of drainage districts for time spent on the work of the board, in addition to their actual expenses, including traveling expenses, necessarily incurred in the discharge of their duties.

Miss. Code Ann. § 51-7-15 Development of plans.

After appointment and organization proceedings as hereinbefore provided, the commissioners shall develop in conjunction with the United States Secretary of Agriculture, or with the head of such other federal agency as may be involved, plans for works of improvement within the scope of Section 51-7-1, which are to be carried out within or without the area of said master water management district. Whatever federal financial or other assistance is furnished in connection with the planning or construction of the proposed improvements, such plans and specifications shall be detailed only to the extent required by the federal department or agency responsible for furnishing such assistance. In connection with the development of such plans, the said commissioners, with approval of the chancery court, may incur expenses for engineering work, legal services, costs of publication and other administrative expenses, and other necessary preliminary expenses, including acquisition of easements and rights-of-way. For the payment of any such expenses the district may, with the approval of the chancery court, borrow money at a rate of interest not exceeding that allowed in Section 75-17-105, and issue negotiable notes or other evidences of indebtedness therefor, signed by the president and secretary of said board of commissioners, said notes or other evidences of indebtedness to be payable to the lender, or bearer, as said commissioners may elect. None of the said evidence of indebtedness so issued shall run for more than two (2) years, but they shall be subject to renewal for one (1) additional period up to two (2) years, and they shall be nontaxable. The commissioners may pledge all assessments on the land within the district made under provisions of this chapter for the payment of said evidences of indebtedness. Said obligations may be paid out of any general or special fund of the district, if organized, or out of the proceeds of the first assessments levied under this chapter. In the event said district is not organized after said indebtedness has been incurred, then the board of supervisors of the respective county or counties having territory or territories in such proposed district shall, on order of the chancery court, levy an acreage or an ad valorem tax against the lands embraced in said proposed district. If an ad valorem tax be levied, the board of supervisors may use for that purpose the assessments of the land according to the last assessment roll of the county in which said lands are situated; and in case the lands in the proposed district lie in more than one (1) county, then the chancery court shall apportion said indebtedness between the several counties, and the board of supervisors shall thereupon levy such apportioned tax upon the lands of their counties respectively, according to the ruling of the chancery court. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

Miss. Code Ann. § 51-7-17 Approval of plans.

As soon as said plans have been developed as hereinbefore provided, a report thereof shall be made by the commissioners, who shall file the same with the clerk of the chancery court. Such report shall include the approval thereof by the board of any levee district within which any master water management district shall be located in whole or in part. Such report shall contain an estimate of the local share of the cost of carrying out the works of improvement, together with an estimate of the total benefits that will accrue to the land in the proposed district. Upon the filing of said report and after fixing a time, date, and place of hearing by the chancellor, the clerk of the chancery court shall thereupon give notice by publication that a hearing will be held on said report and designating a date not less than twenty days and not more than thirty days after the last publication of notice on which such hearing will be held. Said notice shall be published in a newspaper in each county wherein a part of such district is situated, such newspaper to have a general circulation in the area in said county wherein such portion of such district may be located; and said notice shall be published for three weeks in such newspaper. If there be no newspaper published in such county, then the notice provided herein shall be posted for not less than fifteen days, with one copy being posted on the bulletin board at the county courthouse and two copies posted at public places in the area proposed to be included in the master water management district. The notice shall call upon landowners in the district to show cause, if any, against approval of the report by the chancery court.

Miss. Code Ann. § 51-7-19 Organization of district completed.

At the time named in said notice, or on a subsequent date to which the cause may be continued, the chancellor shall hear all property owners within the district who wish to appear and advocate or resist the carrying out of the work plans as filed within said district, and if he deems it to the best interest of the owners of the real property within said district that said plans be adopted, or adopted as modified by the chancellor, under the provisions of this chapter, he shall make an order approving said report as submitted or as modified. Thereupon the organization of said master water management district shall be deemed to be fully completed, and henceforth the district shall be a governmental subdivision of the state and a public body, corporate and politic, with authority to do and perform in the name of such district all such acts and things for the accomplishment of the purposes for which it was organized. However, if the chancellor shall disapprove said report and shall decline to allow its modification or resubmission, then such district shall not be organized and the terms of office of the commissioners shall terminate, except as to powers which may be necessary in effecting payment of any preliminary indebtedness as provided in Section 51-7-15, except that such termination shall not become final until the expiration of the time for an appeal without an appeal having been taken or, in the event an appeal is taken, until final determination of the proceeding has been made by the courts. If upon the hearing provided for in this section, a petition is presented to the chancery court, or the chancellor in vacation, signed by a majority of the landowners owning one-third (1/3) of the land, or, one-third (1/3) of the landholders owning a majority of the land, praying that the improvements be made, it shall be the duty of the court or chancellor to make the order establishing the district, without further inquiry, if it appear that the establishment thereof be necessary for the promotion of public health and for agricultural purposes. However, if upon that day a petition signed by a majority of the landowners owning one-third (1/3) of the land, or one-third (1/3) of the landowners owning a majority of the land, be presented praying that the improvements be not made, it shall be the duty of the court or chancellor to so order, but if no such petition is filed it shall be the duty of the court or chancellor to investigate and to establish such district if he is of the opinion the establishment thereof will be to the advantage of the owners of real property therein, and is for the public benefit. The petition provided for therein may be signed by women, whether married or single, owning land in the proposed district, guardians may sign for their wards, and trustees, executors and administrators may sign for the estate represented by them; if the signature of any corporation thereto is attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to said petition.

Miss. Code Ann. § 51-7-21 Subsequent projects.

If the original plan was made only as to a part of the area within the master water management district, plans for any subsequent projects or works for the remaining area or any part thereof shall be submitted to the chancery court for approval in the manner provided herein, and all provisions and procedures of Sections 51-7-15 through 51-7-21 shall be applicable thereto, except that disapproval of such partial plans shall not terminate the organization of the district or the terms of office of the commissioners thereof.

Miss. Code Ann. § 51-7-23 Appeals.

Any order of the chancery court in connection with a master water management district shall have the force of a judgment. Any owner of real property within the district or the board of commissioners may appeal from any such order to the supreme court within twenty days after said order has been made; but if no appeal is taken within that time, such order shall be deemed conclusive and binding.

Miss. Code Ann. § 51-7-25 Powers of commissioners.

In addition to other powers provided in this chapter, the commissioners shall have power to adopt a seal of the district, which shall be judicially noticed; to fix the domicile of the master water management district; to make and execute contracts and other instruments necessary or convenient to the exercise of their powers; to adopt such rules and regulations as may be necessary for carrying out the purposes of the chapter and the purposes of the district, if not inconsistent with the laws and constitution of this state; to sue and be sued in the name of the district; to employ such engineers, legal counsel, or other persons as may be necessary in accomplishing the work of the district; to obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, or by the exercise of the power of eminent domain in the manner provided by the statutes of this state on eminent domain, any property, real or personal, or rights or interests therein reasonably necessary to carry out the purposes of this chapter; to maintain, administer, and improve any property acquired, to receive income from such properties, and to expend such income in carrying out the purposes and provisions of this chapter; to conduct surveys, investigations, and research necessary in carrying out the purposes of the chapter; to sell, lease, or otherwise dispose of any property or interests therein in furtherance of the purposes and provisions of this chapter; to construct, operate, and maintain works of improvement; to perform responsibilities in operating and maintaining all pre-existing works of improvement which, with the approval of the chancery court and the consent of the master water management district, may be turned over to such district; to accept, with approval of the chancery court, gifts and conveyances of land, easements, or rights of way owned by an existing drainage or water management district that are to be used by the master water management district for the purposes of the master water management district, on condition that the master water management district assume the responsibility for maintaining the works of improvement that are constructed on such lands, easements, or rights of way; to accept any moneys or services for carrying out the purposes of the district; to cooperate or enter into agreements with any agency, governmental or otherwise, or any person, firm, or corporation in carrying out the purposes of this chapter; and to do any and all things which are not inconsistent with the laws or constitution of this state in carrying out the purposes for which such districts were created in connection with projects and works of improvement carried out under Public Law 566, 83rd Congress, as amended or under other laws of the United States.

Miss. Code Ann. § 51-7-27 Authority to borrow money and issue bonds.

For the purposes of carrying out the projects and responsibilities outlined herein, the board of commissioners shall have authority to borrow money at a rate of interest not exceeding that allowed in Section 75-17-105, to issue its bonds, notes or other evidences of indebtedness therefor in a principal amount not exceeding the total amount assessed against all the real property in the district under the provisions of this chapter. Such bonds shall be issued only with the approval of the chancery court and upon the same notice to landowners of the district given in the same manner as provided herein in Section 51-7-11, in connection with organization of the district. Such bonds, notes or other evidences of indebtedness shall bear a rate of interest not exceeding that allowed in Section 75-17-105, shall be issued in denominations of not less than Five Hundred Dollars ($500.00), shall be signed by the president of said master water management district and countersigned by the secretary; shall bear the seal of the district; may be made payable either within or without the state, to the persons or person to whom sold, or bearer, or bearer simply, at the discretion of the commissioners; may be validated in the manner provided by law for validation of bonds; may have attached interest coupons bearing the facsimile signatures of the president and secretary of the district; and shall be sold at public sale, subject to approval of the chancery court. If any protest against issuance of such bonds shall be filed, such protest shall be heard and determination made thereon by the chancery court; and appeals may be taken either by the commissioners or the person filing the protest from the judgment or order of the court, in the manner provided herein for other appeals from judgments or orders of the court in connection with said master water management districts. If it is found to be beneficial to the district, the commissioners may, in their discretion, deliver bonds by groups instead of for the total bond issue, with interest payable from the delivery date instead of the issue date, the delivery being made for an amount of money estimated to be needed to finance the district’s operation for a year. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

Miss. Code Ann. § 51-7-29 Assessments.

For the purposes of this chapter, including but not limited to the construction and maintenance of works of improvement, expenses of the board of commissioners, assessment of benefits, and for repayment of bonds and interest as provided herein, the commissioners of a master water management district shall have authority to assess the lands of the district in proportion to the benefits accruing to said lands; provided, however, that for the purpose of providing funds with which to clean out, restore, repair and rehabilitate the whole or any part of the drainage system of such district or for the purpose of cooperating with the United States or any agency thereof in such works, there may be imposed a uniform assessment by the commissioners of such master water management district or, upon resolution of said commissioners, by the commissioners of a drainage or subdrainage district on each acre of unsubdivided land lying within the master district and a uniform assessment by lot on subdivided land lying within the master district and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits accruing to each tract. Taxes levied hereunder are hereby declared to be taxes for maintenance purposes and shall not diminish in any manner the amount of assessed benefits in any such district which is otherwise available for the payment of any outstanding bonds of such district. The assessments provided for in this section may be made even though evidences of indebtedness have been issued or validated or both prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby. No assessments shall be made against lands owned by the State of Mississippi or any political subdivision thereof, or lands owned by the United States of America or any agency thereof. Such assessment shall be made in such manner as to clearly show the name of the owner and the description of the lands against which the assessment is made. When the assessment has been made, the assessment roll shall be filed with the chancery clerk and notice of such assessment shall be given in the same manner that notice is given for other purposes as provided in Section 51-7-11. Such notice of assessment shall include the date which the chancellor has set for hearing of any protest of such assessment. Such protest shall affect only the assessment against the person or persons making the protest. The court on said date, or within thirty (30) days thereafter, shall pass upon the assessment roll; and he shall have the authority to approve the roll, order its revision, or modify same, within his discretion. After said roll has been approved by the court, copies thereof certified by the secretary of the board of commissioners shall be transmitted to the boards of supervisors and the tax collectors of the counties within which the lands of said master water management district are located, and the said boards of supervisors shall make the levy for taxes upon the said lands on said assessment roll on such percentage basis as is requested by the board of commissioners. If any landowners or the board of commissioners are aggrieved at any assessment approved by the chancellor, they shall have the right of appeal from the order of the chancellor as provided for under Section 51-7-23, but such appeal shall not stay the collection of any tax levied on such assessment. The tax collectors of the respective counties in which such lands are located shall collect the taxes at the regular times provided by law for the collection of real estate taxes, and shall remit such collections to the secretary of said district within thirty (30) days after expiration of the time provided for payment thereof. All provisions of law for the sale of land for delinquent ad valorem taxes shall be applicable in effecting collection of any delinquent taxes which may be due under provisions of this chapter, and suit may be maintained against any delinquent taxpayer hereunder in the manner provided by law. All liabilities and penalties pertaining to responsibilities and duties of the tax collector generally shall be applicable hereunder. At any time within three (3) years after the completion of construction of improvements for which assessment has been made under the provisions hereof, or within six (6) months after the effective date of this section, whichever is later, any landowner or group of landowners upon whose lands the original assessment or benefits were improperly or erroneously made may file an action in the chancery court of proper jurisdiction requesting modification or removal of such assessments. Upon a hearing being had on such action the chancellor shall make such findings of fact as the evidence adduced may require and may either confirm the assessments as originally made or may order such changes therein as may be required so that the total cost of the works as constructed may be borne by those lands in the district actually benefited thereby in proportion to the benefits actually conferred thereon by such improvements except as otherwise provided in this section. Such order may be made even though evidences of indebtedness have been issued and validated prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby.

Miss. Code Ann. § 51-7-30 Assessment of benefited lands outside of district.

If the commissioners at any time either before or after the organization of the district find that other land not embraced within the boundaries of the district will be benefited by the proposed improvement or improvements already made, they shall assess the estimated benefit to such lands and shall specially report to the chancery court, or chancellor in vacation, the assessments which they have made on land beyond the boundaries of the district, as already established. It shall thereupon be the duty of the clerk of the chancery court to give notice by two (2) weekly insertions in a newspaper published in the county where such lands lie, describing the additional lands which have been assessed. The owners of real property so assessed shall be allowed not less than ten (10) days after the last required publication of such notice in which to file with the clerk of the chancery court in writing their protest against being so assessed, or included within the district. The chancery court, or chancellor in vacation, shall, within ninety (90) days, investigate the question whether the lands beyond the boundaries of the district so assessed by the commissioners will in fact be benefited by the making of the improvement, and from its finding in that regard, either the property owner or the commissioners may, within twenty (20) days, appeal to the supreme court. If the finding is in favor of the commissioners, the limits of the district shall be extended so as to embrace any lands that may be benefited by the making of the improvement.

Miss. Code Ann. § 51-7-31 Damages.

In like manner of making assessments and at the same time and subject to the same rights of protest and appeal, the commissioners shall also assess and place opposite each tract of land on the assessment roll an estimate of all damages that will accrue to any landowner by reason of works or proposed works of improvement, including injury to lands taken or damaged; and when said commissioners return no assessment of damages as to any tract of land, it shall be deemed a finding by them that no damages will be sustained.

Miss. Code Ann. § 51-7-33 Acquisition of easements and rights of way.

The commissioners may, at any time after the organization of the district, acquire permanent easements and rights of way for constructing, clearing, improving, and maintaining channels, canals and ditches within the district, in accordance with the provisions of Section 51-29-39, insofar as such provisions may be applicable. It shall not be necessary to personally summon the landowners affected, but in lieu thereof notice may be given by publication in the same manner as provided by Section 51-7-11, on plans and specifications of the district filed with the chancery clerk. The findings of the court, or chancellor in vacation, shall be final and have the force and effect of a judgment, from which appeal may be taken within twenty (20) days to the supreme court of the state, either by the property owner or by the commissioners of the district. In lieu of the method herein provided for acquiring land and making compensation for damages, the commissioners may at any time after the organization of the district acquire permanent easements and rights-of-way for constructing and maintaining works of improvement within or without the district boundaries, such works of improvement to include floodwater retarding structures, impoundment structures and construction and improvement of channels, canals and ditches, in accordance with the provisions of Section 51-29-39, insofar as such provisions may be applicable.

Miss. Code Ann. § 51-7-35 Additional and existing districts.

After the organization of a master water management district, no additional drainage or water management districts shall be organized so as to include any of the area within the boundaries of the master water management district, except with the consent of the master water management district. Existing drainage or water management districts are hereby authorized to petition the chancery court and, with its approval and the consent of the master water management district, to convey without consideration to the master water management district lands, easements, or rights of way that are to be used by the master water management district for any of the purposes of such district upon the condition that the master water management district assumes the responsibility for maintaining the works of improvement on such lands, easements, or rights of way. Such existing districts are further authorized to petition the chancery court and, upon its approval and with the consent of the master water management district, to transfer to the master water management district the responsibility for operation and maintenance of any pre-existing works of improvement that are not included in the plans for the project under said Public Law 566, or other law of the United States. Financial obligations of existing drainage or water management districts shall not be affected or impaired by the creation of a master water management district or by the transfer to such district by any drainage or water management district of lands, easements, or rights of way as herein provided; nor shall any liens upon the lands of any drainage or water management district be impaired by the creation of any master water management district. Powers of existing drainage or water management districts shall not be affected by the creation of any master water management district, except with respect to works of improvement included in the plans for the project under said Public Law 566, or other law of the United States.

Miss. Code Ann. § 51-7-37 Repealed.

Repealed by Laws, 1980, ch. 440, § 28, eff from and after January 1, 1981. [Codes, 1942, § 5956-112; Laws, 1960, ch. 175, § 12; Laws, 1966, ch. 270, § 5]

Miss. Code Ann. § 51-7-39 Liability of commissioners.

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

Miss. Code Ann. § 51-7-41 Requirements for dissolution.

Any master water management district which has no unmatured bonded indebtedness, and which has constructed no works of improvement or projects as set forth herein or which has completed all purposes for which it was created, may be dissolved by the chancery court which organized said district in the manner hereinafter provided, but the proceedings for its dissolution shall not be commenced within three years after the date of organization of such district.

Miss. Code Ann. § 51-7-43 Dissolution procedure.

Whenever, after the expiration of the said period of three years, twenty-five landowners of any such district, or a majority of the landowners of any such district, excluding lands owned by the state, or any landowner or owners owning more than fifty percent (50%) of the total acreage of said district, excluding acreage owned by the state, shall sign and file with the clerk of the chancery court by which such district was organized a petition for the dissolution of such district, it shall be the duty of such clerk to give notice in the manner provided in Section 51-7-11 that a hearing will be held on such petition to dissolve such district. Such notice shall set the time and place in term time or vacation when the court shall consider said petition, and such notice shall command all interested persons to appear and show cause, if any they can, as to why such district should or should not be dissolved.

Miss. Code Ann. § 51-7-45 Dissolution hearing and order.

On hearing, the chancery court shall hear the cause in the same manner as other causes in chancery, and shall dissolve or refuse to dissolve said district as shall appear in the best interests of the landowners, and shall enter an order accordingly. If an order of dissolution is entered, the court shall decree that no further expenses shall be incurred by the district, and all papers, records and documents of the district shall be deposited with the chancery court by the commissioners within fifteen days after said order. Costs of the dissolution proceeding in event of dissolution, including solicitors fees as might be allowed by the court, shall be assessed and taxed by the court to be collected in the same manner as other taxes and assessments of the district; but in event the district is not dissolved, all costs including solicitors fees shall be assessed against the petitioners.

Miss. Code Ann. § 51-7-47 Outstanding claims.

Upon dissolution all powers of the district and its commissioners shall cease, except that any just claim, contract, or obligation shall not be impaired, and persons holding such claims shall, on notice of the dissolution as provided herein, file any such claim as they may have in the court; and the chancery court shall, upon the hearing for dissolution, pass upon such claims and order any assessment or levy as provided for other assessments to pay such claim in the event same shall be found justified, due, and owing by the district.

Miss. Code Ann. § 51-7-49 Transfer of surplus funds of drainage districts.

Any drainage district organized under any laws of the State of Mississippi is hereby authorized to transfer to any master water management district created under this chapter, within which such drainage district is located, any surplus funds of such drainage district to be used for any lawful purpose for which such master water management district is authorized to use funds, including but not being limited to the payment of any costs incurred for engineering work, legal services, costs of publication and other administrative expenses, and any other necessary preliminary expenses. The transfer of such funds is authorized to be made, in the discretion of the commissioners of any such drainage district involved, after the appointment, as provided by law, of commissioners for any such master water management district. No funds shall be transferred under the provisions of this section that are needed and required to pay and retire bonds and interest due and owing by such district, or needed and required to pay debts and obligations previously incurred by said district and unpaid. If any part of such districts so transferring such funds is not embraced in the new master water management district, then such transferring district shall retain such funds as may be needed and necessary to service that part of said district not embraced in the master water management district.

Miss. Code Ann. § 51-7-71 Contracts between districts as to apportionment and distribution of taxes collected in counties lying in two or more districts.

The governing bodies of the several water management districts and waterway districts heretofore or hereafter organized under authority of law in the State of Mississippi are authorized and empowered to negotiate and contract with each other in the apportionment and distribution of tax proceeds accruing from ad valorem taxes authorized the several districts under authority of law, from a county which lies within two or more such water management or waterway districts.

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