Water Resources; Regulation and Control

Miss. Code Ann. tit. 51, ch. 3
in effect

Miss. Code Ann. § 51-3-1 Declaration of policy on conservation of water resources.

It is hereby declared that the general welfare of the people of the State of Mississippi requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use, or unreasonable method of use, of water be prevented, that the conservation of such water be exercised with the view to the reasonable and beneficial use thereof in the interest of the people, and that the public and private funds for the promotion and expansion of the beneficial use of water resources shall be invested to the end that the best interests and welfare of the people are served. It is the policy of the Legislature that conjunctive use of groundwater and surface water shall be encouraged for the reasonable and beneficial use of all water resources of the state. The policies, regulations and public laws of the State of Mississippi shall be interpreted and administered so that, to the fullest extent possible, the ground and surface water resources within the state shall be integrated in their use, storage, allocation and management. All water, whether occurring on the surface of the ground or underneath the surface of the ground, is hereby declared to be among the basic resources of this state to therefore belong to the people of this state and is subject to regulation in accordance with the provisions of this chapter. The control and development and use of water for all beneficial purposes shall be in the state, which, in the exercise of its police powers, shall take such measures to effectively and efficiently manage, protect and utilize the water resources of Mississippi.

Miss. Code Ann. § 51-3-3 Definitions.

The following words and phrases, for the purposes of this chapter, shall have the meanings respectively ascribed to them in this section unless the context clearly indicates a different meaning: “Person” means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, public or private corporation or the United States, or any officer or employee thereof. “Surface water” means that water occurring on the surface of the ground. “Domestic uses” means the use of water for ordinary household purposes, the watering of farm livestock, poultry and domestic animals and the irrigation of home gardens and lawns. “Municipal use” means the use of water by a municipal government and the inhabitants thereof, primarily to promote the life, safety, health, comfort and business pursuits of the inhabitants. It does not include the irrigation of crops within the corporate boundaries. “Beneficial use” means the application of water to a useful purpose as determined by the commission, but excluding waste of water. “Permittee” means the person who obtains a permit from the board authorizing him to take possession by diversion or otherwise and to use and apply an allotted quantity of water for a designated beneficial use and who makes actual use of the water for such purpose, or his successor. “Permitted use” means: The use of a specific amount of water at a specific time and at a specific place, authorized and allotted by the board for a designated beneficial purpose within the specific limits as to quantity, time, place and rate of diversion and withdrawal. The right to the use of water as specified in the permit, subject to the provisions of Section 51-3-5, including the construction of waterworks or other related facilities. “Watercourse” means any natural lake, river, creek, cut, or other natural body of fresh water or channel having definite banks and bed with visible evidence of the flow or occurrence of water, except such lakes without outlet to which only one (1) landowner is riparian. “Established minimum flow” means the minimum flow for a given stream at a given point thereon as determined and established by the commission when reasonably required for the purposes of this chapter. “Minimum flow” is the average streamflow rate over seven (7) consecutive days that may be expected to be reached as an annual minimum no more frequently than one (1) year in ten (10) years (7Q10), or any other streamflow rate that the commission may determine and establish using generally accepted scientific methodologies considering biological, hydrological and hydraulic factors. In selecting a generally accepted scientific methodology, the commission shall consult with and shall consider recommendations from the Department of Wildlife, Fisheries and Parks. In determining and establishing the minimum streamflow rates, the commission shall give consideration to consumptive and nonconsumptive water uses, including, but not limited to, agricultural, industrial, municipal and domestic uses, assimilative waste capacity, recreation, navigation, fish and wildlife resources and other ecologic values, estuarine resources, aquifer recharge and aesthetics. “Established average minimum lake levels” means the average minimum lake levels for a given lake as determined and established by the commission when reasonably required for the purposes of this chapter. The “average minimum lake level” is that level which shall not be expected to be reached as an average annual minimum no more frequently than one (1) year in ten (10) years, or such other minimum lake level that the commission may determine and establish using generally accepted scientific methodologies considering biological, hydrological and hydraulic factors. In selecting a generally accepted scientific methodology, the commission shall consult with and shall consider recommendations from the Department of Wildlife, Fisheries and Parks. “Board” means the Permit Board as created by Section 49-17-28. “Commission” means the Commission on Environmental Quality. “Mining of aquifer” means the withdrawal of groundwater from hydrologically connected water-bearing formations in a manner in excess of the standards established by the commission. “Groundwater” means that water occurring beneath the surface of the ground.

Miss. Code Ann. § 51-3-5 Permit requirement; notice of preexisting rights or beneficial usage.

No person who is not specifically exempted by this chapter shall use water without having first obtained a permit as provided herein and without having otherwise complied with the provisions of this chapter, the regulations promulgated hereunder and any applicable permit conditions. All persons having acquired a right to use surface water prior to April 1, 1985 are entitled to continue such use, provided that such right shall be contingent upon filing a notice of claim to such use with the commission on a form promulgated by the commission. Any person who shall fail to file said notice within three (3) years of April 1, 1985 shall be deemed to have abandoned such use and the right to such use shall automatically terminate without further action of the board. Any person using groundwater prior to April 1, 1985 for a beneficial use shall be entitled to continue such use upon the filing with the commission of a notice of claim on a form promulgated by the commission within three (3) years from April 1, 1985. Any such person failing to file said notice of claim within the prescribed period shall be deemed to have abandoned such use and the right to such use shall automatically terminate without further action by the board. Notwithstanding rights as envisioned in subsections (2) and (3) of this section, all users of water shall continue to be subject to regulations promulgated by the commission regarding the use of surface water and groundwater for the benefit of the health and public welfare of citizens of this state. As soon as practicable after April 1, 1985, the board shall give notice to all persons affected by the provisions of subsections (2) and (3) of this section regarding the requirement to file the notices of claims mentioned therein. If the names and mailing addresses of such affected persons are available to the board, actual written notice, by certified mail, shall be given by the board. If such names and mailing addresses are not available to the board, notice shall be given by publication at least one (1) time per week for not less than three (3) consecutive weeks in one or more newspapers of general circulation in each county of the state.

Miss. Code Ann. § 51-3-7 Exemptions from permit requirement; certain uses permissible.

Notwithstanding the provisions of this chapter, a person using water for only domestic purposes shall not be required to obtain a permit to use water for domestic purposes, and no permit shall be required for the use of surface water in impoundments that are not located on continuous, free-flowing watercourses. No permit shall be required for any use of water obtained from a well with a surface casing diameter of less than six (6) inches; however, a permit shall be required of a person in the business of developing real property for resale who desires to withdraw water from a well, regardless of surface casing diameter, that is to be used for maintaining or enhancing an impoundment of surface water primarily for aesthetic purposes. If the commission declares and delineates a water use caution area as provided in Section 51-3-11, the permit board may require permits for withdrawals of water in excess of twenty thousand (20,000) gallons per day, including withdrawals of water for uses exempted under this subsection. The board shall have the authority to permit the use of water of any stream only in excess of the established minimum flow as based upon records or computations by the commission. However, exceptions may be made for municipal users. The board may authorize any permittee to use the established minimum flow upon written assurance, supported by any data and reporting requirements that the board deems appropriate that the water will be immediately returned to the stream in substantially the same amount to insure the maintenance at all times of the established minimum flow. The board may authorize a permittee to use the established minimum flow for industrial purposes when the water shall be returned to the stream at a point downstream from the place of withdrawal, where the board finds that the use will not result in any substantial detriment to property owners affected thereby or to the public interest. The board shall have the authority to permit the use of water of any lake only in excess of the established average minimum lake level as based upon records or computations by the commission. However, exceptions may be made for municipal users. The board, upon affording a hearing to interested parties, may authorize any permittee to use below the established average minimum level when such use will not affect plans for the proper utilization of the water resources of the state, or the commission may establish a level above the established average minimum lake level, after affording an opportunity for a hearing, where plans for the proper utilization of the water resources of the state require it. No use of water shall be authorized that will impair the effect of stream standards set under the pollution control laws of this state based upon a minimum stream flow. No use of water shall be authorized or continued that will impair the navigability of any navigable watercourse. No use of water shall be permitted if the use shall cause mining of any aquifer unless the board shall find that the use is essential to the safety of human life and property or unless the applicant for a permit for such use can show to the satisfaction of the board that he or another person of sufficient financial capability has applied for permit or made any other definite commitment to a plan to acquire water from another source in lieu of the water being mined from the aquifer and which will not also result in mining of any other aquifer.

Miss. Code Ann. § 51-3-9 Duration of permit; reissuance; termination.

No permit for water use shall be issued for a period longer than ten (10) years. The right to use of water granted by the permit shall automatically terminate upon the passage of the tenth anniversary date of the permit unless there is pending before the board an application for another water permit which includes the use of the same water permitted under the expiring permit. Six (6) months prior to the tenth anniversary date of such permit, the board shall give actual written notice by certified mail to the permit holder informing him that such permit shall be automatically terminated upon its expiration unless such permit holder has made an application for another water permit as described in this subsection. The permit shall be reissued to the permit holder unless his continued use is found to be contrary to the public interest. Notwithstanding the foregoing provision, the board may grant to a municipality, county or other governmental subdivision, a public utility or a publicly regulated utility, a permit to use water for a duration sufficient to amortize the initial capital investment of such permittee in water-related equipment. The board may modify, terminate or decline to reissue a permit upon a showing of good cause, after affording the permittee involved an opportunity for a hearing at which the permittee shall be entitled to be represented by legal counsel and call witnesses and present evidence on his behalf. The board shall issue to any person filing a notice of claim to previously existing rights as provided in Section 51-3-5 a permit which reflects such person’s rights. However, such person, on or before the tenth anniversary date of the permit so issued by the board, shall file an application to renew such permit or the rights thereunder to the use of water shall automatically terminate upon the expiration of the permit. This decennial filing requirement shall also apply thereafter to each renewed permit.

Miss. Code Ann. § 51-3-11 Commission to issue water use warning or declare water use caution area; conditions warranting issuance; notice; plan to alleviate or correct; regulations.

The commission shall issue a water use warning or declare and delineate a water use caution area, if one (1) of the following conditions exist: The mining of an aquifer is occurring; or Existing water resources, including surface water, groundwater, or both, are inadequate to meet present or reasonably foreseeable needs. In making a determination under this section, the commission shall use data developed through the application of generally accepted scientific methodologies. If the commission determines that one (1) of the conditions in subsection (1) of this section exists and that time allows the development of a solution through cooperation between the commission, the department, local permit holders, political subdivisions and water management districts in the affected area, the commission shall issue a water use warning and may order the implementation of the reporting requirements in Section 51-3-23. Upon issuance of a water use warning, the commission shall send notice to all permit holders, political subdivisions and water management districts within the affected area. The notice shall describe the conditions requiring issuance of a water use warning, propose corrective measures and request the assistance of the permit holders, political subdivisions and water management districts in alleviating or correcting the conditions. The commission shall request in the notice voluntary compliance of the permit holders with any corrective measures proposed by the commission. The permit holders, political subdivisions and water management districts, in cooperation with the commission, shall develop and implement a plan for alleviating or correcting the conditions. If the commission determines that satisfactory progress is being made by the affected parties, the commission may extend the deadline or timetable for the development or implementation of a plan or may allow modification of the plan. If the commission determines that one (1) of the conditions in subsection (1) of this section exists and that prompt and immediate action is required to protect the resource, the commission shall give notice of its intent to declare the need for establishment of a water use caution area. The notice and public hearing required by this subsection shall be made as provided in Sections 25-43-7(1) and 49-17-25. The notice shall delineate the proposed water use caution area, describe those proposed actions needed to protect the resource and recommend any additional permit requirements the commission deems necessary to address the conditions. Upon closing of the public hearing record and consideration of relevant comments on its proposed action, the commission may adopt an order establishing a water use caution area. If the commission orders the establishment of a water use caution area, the commission shall, within one hundred twenty (120) days following entry of the order, adopt regulations consistent with this chapter and commensurate with the necessary degree of control pursuant to its regulatory authority in Section 51-3-25.

Miss. Code Ann. § 51-3-13 Consideration of applications; criteria.

Use of waters of the state shall not constitute absolute ownership or absolute rights of use of such waters, but such waters shall remain subject to the principle of beneficial use. It shall be the duty of the board to approve all applications made in such form as shall meet the requirements of this chapter and such rules and regulations as shall be promulgated by the board and which contemplate the utilization of water for beneficial purposes, within reasonable limitations, provided the proposed use does not prejudicially and unreasonably affect the public interest. If it is determined that the proposed use of the water sought to be permitted is not for beneficial purposes, is not consistent with standards established by the commission, or is detrimental to the public interest, it shall be the duty of the board to enter an order rejecting such application or requiring its modification.

Miss. Code Ann. § 51-3-15 State Permit Board as permitting authority; powers; hearings.

The board shall serve as the permitting authority for this chapter. The board may adopt rules of practice and procedure governing its proceedings and forms as it deems necessary consistent with the regulations of the commission to carry out its permitting duties under this chapter. The board, under any conditions as the board may prescribe, may authorize the Executive Director of the Department of Environmental Quality to make decisions on permit issuance, reissuance, denial, modification and revocation. A decision by the executive director shall be a decision of the board and shall be subject to formal hearing and appeal as provided in Section 49-17-29. The executive director shall report all permit decisions to the board at its next regularly scheduled meeting and those decisions shall be recorded in the minutes of the board. The board may: Issue or reissue any permit under those conditions and limitations consistent with the regulations of the commission and as it reasonably deems necessary to effectuate the purposes of this chapter. Issue or reissue any temporary or emergency permit for any period of time specified by the board where conditions make a temporary or emergency permit essential. Modify or revoke any permit upon not less than sixty (60) days’ written notice to the permittee affected. Revoke any permit as the board deems appropriate for failure to adhere to permit conditions. Deny the issuance, reissuance or modification of any permit if the proposed use is found to be contrary to public interest. Delegate authority to any joint water management district to receive, investigate and make recommendations to the board regarding applications for permits required under this chapter. Require all abandoned bore holes and wells more than twenty-five (25) feet deep to be properly plugged to prevent groundwater contamination. The board may hold a public hearing regarding its proposed action on any permit under this chapter as provided in Section 49-17-29. Any interested party aggrieved by an action of the board may appeal that action as provided in Section 49-17-29.

Miss. Code Ann. § 51-3-16 Bureau of land and water resources; duties and powers in assisting waterway, river basin and watershed authorities and districts.

The Bureau of Land and Water Resources through the Division of Regional Water Resources shall have the following duties and powers in assisting waterway, river basin and watershed authorities and districts: To offer such assistance as may be appropriate to the various authorities and districts, as set forth in Section 51-3-18, in the performance of any of their powers and programs; To keep the authorities and districts informed of the activities and experiences of all other such authorities and districts and to facilitate an interchange of experiences among such authorities and districts; To coordinate the programs of the various authorities and districts; To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of such authorities and districts; To disseminate information throughout the state concerning the activities and programs of the various authorities and districts and to encourage the formation of such authorities and districts in areas where their organization is desirable; To seek and receive grants of monies, and other assets, from any legitimate sources for use in carrying out the purposes of this section; To distribute any appropriated or other funds or assets in its custody or under its control, from state, federal or other governmental agencies or political subdivisions thereof, or from private grants, appropriate in carrying out the purposes of this article, including matching funds to districts; To give guidance and overall supervision to districts when such assistance is requested, or acceptable; To provide technical assistance and information to the State Permit Board in the performance of its duties under this chapter; To receive, file and review permit applications and notices of claims and any other documents regarding water uses and rights; To serve as the repository for information gathered or filed under the provisions of this chapter.

Miss. Code Ann. § 51-3-17 Repealed.

Repealed by Laws, 1978, ch. 484, § 37, eff from and after July 1, 1979. [Codes, 1942, § 5956-09; Laws, 1956, ch. 167, § 9]

Miss. Code Ann. § 51-3-18 Authorities and districts to receive assistance from Department of Environmental Quality.

The Department of Environmental Quality, through the Office of Land and Water Resources or a successor office, may provide water resources-related assistance to any authority or district created or established under this title.

Miss. Code Ann. § 51-3-19 Repealed.

Repealed by Laws, 1978, ch. 484, § 37, eff from and after July 1, 1979. [Codes, 1942, § 5956-10; Laws, 1956, ch. 167, § 10]

Miss. Code Ann. § 51-3-20 Repealed.

Repealed by Laws, 1985, ch. 459, § 11, eff from and after April 1, 1985. [En., Laws, 1978, ch. 484, § 40]

Miss. Code Ann. § 51-3-21 State water management plan.

The commission, through its Office of Land and Water Resources, shall proceed as rapidly as possible to study existing water resources in the state; means and methods of conserving and augmenting such waters; existing and contemplated needs and uses of water for protection and procreation of fish and wildlife, irrigation, mining, power development, and domestic, municipal, and industrial uses; and all other related subjects, including drainage, reclamation, flood-plain or flood-hazard area zoning, and selection of reservoir sites. Not later than July 1, 1997, the commission shall formulate, as a functional element of a comprehensive state plan, an integrated, coordinated plan for the use and development of the waters of the state, based on the above studies. This plan, with such amendments, supplements and additions as may be necessary from time to time, shall be known as the “state water management plan.” In the formulation of the state water management plan, the commission shall give due consideration to: The attainment of maximum beneficial use of water for such purposes as those referred to in subsection (1). The maximum economic development of the water resources consistent with other uses. The control of such waters for such purposes as environmental protection, drainage, flood control and water storage. The quantity of water available for application to a beneficial use. The prevention of wasteful, uneconomical, impractical or unreasonable uses of water resources, including free-flowing wells, existing or otherwise, regardless of size. Presently exercised domestic or exempted uses and permit rights. The preservation and enhancement of the water quality of the state and the provisions of the state water quality plan. The state water resources policy as expressed by this chapter. The allocation of surface water and groundwater in those situations in which the Governor has declared that an emergency situation exists which creates an imminent and substantial endangerment threatening the public health and safety or the lives and property of the people of this state. During the process of formulating or revising the state water management plan, the commission shall consult with and carefully evaluate the recommendations of concerned federal, state and local agencies, particularly the governing boards of the water management districts and local governments, and other interested persons. The commission may conduct such public meetings or hearings as it may deem necessary or appropriate to insure maximum public involvement in the formulation and adoption of the state water management plan. Each such governing board is directed to cooperate with the commission in conducting surveys and investigations of water resources, to furnish the commission with all available data of a technical nature, and to advise and assist the commission in the formulation and drafting of those portions of the state plan applicable to such water management district or local government. For the purposes of this plan the commission may, in consultation with the affected governing board, divide each water management district into sections which shall conform as nearly as practicable to hydrologically controllable areas and describe all water resources within each area. The commission shall give careful consideration to the requirements of public recreation and to the protection and procreation of fish and wildlife. The commission may prohibit or restrict other future uses on certain designated bodies of water which may be inconsistent with these objectives. The commission may designate certain uses in connection with a particular source of supply which, because of the nature of the activity or the amount of water required, would constitute an undesirable use for which the permit board may deny a permit. The commission may designate certain uses in connection with a particular source of supply which, because of the nature of the activity or the amount of water required, would result in an enhancement or improvement of the water resources of the area. Such uses shall be preferred over other uses in the event of competing applications under the permitting system authorized by this chapter. The commission may add to the state water management plan any other information, directions or objectives it deems necessary or desirable for the guidance of governing boards or other agencies in the administration and enforcement of this chapter. The commission may delegate to any joint water management district authority to assist the commission in preparation, administration and implementation of the state water management plan, or any activity related thereto, in such district.

Miss. Code Ann. § 51-3-23 Reporting requirements.

Pursuant to regulations established by the commission, the commission may require any permit holder to file such reports as are deemed necessary or appropriate for proper water management. Notwithstanding the foregoing provisions, any person using in excess of twenty thousand (20,000) gallons per day may be required to file the reports as provided for in subsection (1) of this section.

Miss. Code Ann. § 51-3-25 Regulatory authority of commission.

The commission shall have the power to adopt, modify, repeal, promulgate and enforce, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from the rules and regulations which contain any of the following provisions as the commission finds appropriate concerning the regulation of surface water and groundwater: Provisions for making observations and measurements as will enable it to administratively determine and establish the rights of all water users who were making beneficial use of water prior to April 1, 1985, and who have filed a notice of claim; Provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use; Provisions concerning well depth and spacing controls and provisions establishing a range of prescribed static levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on actual proof of the capacities and characteristics of the aquifer; Provisions to minimize waste by requiring users to employ water conservation measures; Provisions concerning well design and standards, including provisions regarding technical upgrading requirements for existing permitted wells in water use caution areas; and Other provisions not inconsistent with this chapter as the commission finds necessary to implement the purposes of this chapter.

Miss. Code Ann. § 51-3-27 Repealed.

Repealed by Laws, 1985, ch. 459, § 15, eff from and after April 1, 1985. [Codes, 1942, § 5956-14; Laws, 1956, ch. 167, § 14]

Miss. Code Ann. § 51-3-29 Unpermitted waters.

The following are hereby declared to constitute unpermitted waters: All water which has not been permitted prior to April 1, 1985; All surface water for which a permit had been issued prior to April 1, 1985, but for which no notice of claim has been filed by the expiration of three (3) years from April 1, 1985; All groundwater which was not subjected to use for a beneficial purpose on April 1, 1985; All water which having been used flows or seeps back or otherwise returns to a natural watercourse or waterbody, whether on the surface or underground.

Miss. Code Ann. § 51-3-31 Application for permit; disposition of fees.

Any person desiring to use water for a beneficial purpose shall apply to the board for a permit for such use on a form prescribed by the board for such purpose. The application shall be accompanied by a fee of Ten Dollars ($10.00). Said application shall provide such information as deemed appropriate by the board to its decision to issue such permit. All fees received by the board as herein prescribed shall be deposited in the General Fund of the state.

Miss. Code Ann. § 51-3-33 Duty of board as to application.

Upon receipt of the application it shall be the duty of the board to have endorsed thereon the date of the receipt and to assign it a number. If upon examination the application is found to be defective, inadequate, or insufficient to enable the board to determine the place, nature and amount of the proposed use, it shall be returned for correction or completion or for other required information. All maps, plats, plans and drawings shall conform to prescribed uniform standards as to materials, size, coloring and scale as prescribed by the board, and shall show: (a) the source from which the proposed use is to be made; (b) all proposed pump locations, dams, dikes, reservoirs, canals, pipelines, powerhouses and other structures for the purpose of storing, conveying or using water for the purpose approved and their positions or courses in connection with the boundary lines and corners of the lands which they occupy. Land listed for irrigation shall be shown in acres. All maps, plats, plans, drawings, and applications submitted shall become the property of the board.

Miss. Code Ann. § 51-3-35 Approval of application.

Upon approval of the application the board shall notify the applicant to that effect and issue a permit authorizing him to take all steps required to apply the water to the approved and proposed beneficial use. An application may be approved for a less amount of water than that requested if, in the opinion of the board, the approval of the full amount requested would interfere with a vested right or is against public interest. An applicant shall be entitled to proceed with construction and with the use of water in accordance with the approval and such limitations as may be prescribed by the board. No application shall be approved until the substance thereof shall have been published by the applicant in a newspaper having general circulation in the county wherein the point of diversion or withdrawal exists, at least ten (10) days before approval of such application, and a public hearing accorded any person whose rights may be adversely affected by such approval. At such hearing all persons concerned will be accorded the right of counsel and the right to introduce evidence in their behalf. If the application is refused the board shall so notify the applicant, and it shall be unlawful for such applicant to take any steps toward the use of any such water, so long as the refusal shall continue in force. Any person who proceeds to use water, without approval of the board being first obtained, may be enjoined in any court of competent jurisdiction.

Miss. Code Ann. § 51-3-37 Repealed.

Repealed by Laws, 1985, ch. 459, § 20, eff from and after April 1, 1985. [Codes, 1942, § 5956-19; Laws, 1956, ch. 167, § 19]

Miss. Code Ann. § 51-3-39 Construction, modification, and inspection of dams and reservoirs.

Any person proposing to construct, enlarge, repair or alter a dam or reservoir in this state except as provided elsewhere in this section, before proceeding with the construction thereof, must obtain written authorization from the board. Applications shall be made on forms provided by the board, and detailed plans shall be required when deemed necessary by the board in order to determine whether the proposed construction will provide adequate safety for downstream lives and property, and will not adversely affect downstream water rights or plans for the proper utilization of the water resources of the state. Provided further, that: Written construction authorization shall not be required for any dam or barrier to impound water which (i) is a peripheral dam or barrier of eight (8) feet or less in height, measured from the point of lowest elevation of the toe of the dam or barrier, regardless of impounded storage volume, (ii) impounds twenty-five (25) acre-feet or less at maximum storage volume, or (iii) which does not impound a watercourse with a continuous flow of water. Any person who seeks to build and maintain a dam on any watercourse lying in whole or in part within a levee district duly constituted under the laws of this state shall first obtain permission from the levee board of such levee district. Any person intending to acquire the right to store or use water from a reservoir formed by a dam on a watercourse regardless of whether or not written construction authorization therefor was required under this section, may do so only by making an application for a permit as provided elsewhere in this chapter. The board may request other agencies, or contract with consultants, to recommend land treatment or facilities necessary to prevent pollution of the waters of this state, or to protect the safety and general welfare of the people, and in the board’s discretion, may require that these recommendations be followed before authorization to construct or modify the dam is issued, or order the removal of the dam after it has been constructed or request the commission to order the removal of the dam after it has been constructed or modified when such recommendations are not followed. The board and commission shall be authorized to make inspections of dams and reservoirs, regardless of whether or not written construction authorization therefor was required under this section, for the purpose of determining their safety, and shall require owners to perform at their expense such work as may be necessary for maintenance and operation which will safeguard life and property. Provided, however, a dam or reservoir may be exempt from inspections when the commission determines that the location, size or condition is such that lives and property will not be endangered. In carrying out the provisions of this section, the board and commission are authorized to expend available state funds, to receive funds from federal agencies, to contract with consultants and/or other agencies, and the commission may issue orders to owners of dams or reservoirs found to be unsafe requiring them to take the prescribed remedial action to safeguard downstream lives and property. No dam or reservoir, regardless of whether or not written construction authorization therefor is required under this section, may be constructed in such a manner as to impair the common law or other lawful rights of water users below or plans for the proper utilization of the water resources of the state. The board is authorized to prescribe such minimum flow releases from any dam or reservoir as may be found necessary to protect downstream users or otherwise prudently manage available surface water. When the board or commission finds a dam or reservoir constructed or modified in violation of this chapter or that the owner of a dam or reservoir has allowed the structure to deteriorate and remain in an unsafe condition after having been ordered to make the necessary repairs, then the commission may cause the structure to be removed and/or the board may revoke or modify any other authorization pertaining thereto. The provisions of this section shall not be construed as creating any liability for damages against the state and/or against its officers, agents and employees. The provisions of this section shall apply also to a county board of supervisors when constructing dams or low-water control structures on lakes or bodies of water in accordance with the provisions of Section 19-5-92.

Miss. Code Ann. § 51-3-40 Repealed.

Repealed by Laws, 1985, ch. 459, § 22, eff from and after April 1, 1985. [En Laws, 1978, ch. 437, § 5]

Miss. Code Ann. § 51-3-41 Compacts and agreements.

The commission shall have authority to negotiate and recommend to the Legislature compacts and agreements concerning this state’s share of ground water and waters flowing in watercourses where a portion of those waters are contained within the territorial limits of a neighboring state.

Miss. Code Ann. § 51-3-43 Right of entry upon public or private lands.

Any member of the board, the commission or any person authorized by either shall have the right to enter upon private or public lands for the purpose of inspecting waterworks, making surveys or conducting tests or examinations necessary for the gathering of information on water resources or uses, subject to responsibility for any damage done to property entered.

Miss. Code Ann. § 51-3-44 Disclosure; confidentiality claim; violation, penalty.

No person may be required to disclose any trade secret, including any formula, process or methods used in any manufacturing operation or any confidential information concerning business activities. The provisions of the Mississippi Public Records Act shall govern any request to have the commission declare information confidential, subject to specific provisions of this section. No confidentiality claim or determination of confidentiality shall prevent disclosure of the information to authorized department or federal employees. Information submitted to the commission containing any trade secret, including any formula, process or methods used in any manufacturing operation or any confidential information concerning business activities, specifically identified as confidential by the applicant and which is not essential for any public review as determined by the commission, shall be kept confidential by the department if: A written confidentiality claim is made when the information is supplied; and The confidentiality claim is determined by the commission, after hearing, to be valid. If the confidentiality claim is denied, the information will not be released until the party claiming confidentiality has withdrawn its claim or has exhausted its administrative remedies. During the pendency of the proceedings the department shall not in any way use the contested information. Any public officer or employee who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed One Thousand Dollars ($1,000.00) and dismissed from public office or employment.

Miss. Code Ann. § 51-3-45 Changes in approved diversion.

The board may consider, approve, modify at the request of the applicant, or reject applications for permanent or temporary changes in the place of diversion or withdrawal or use of water from those originally approved, subject to the rules and regulations of the board and following the procedure herein established for original application for permit. Any person who changes or attempts to change the point or place of diversion or withdrawal or use of water, either permanently or temporarily, without first applying to the board in the manner prescribed, shall obtain no right thereby and shall be guilty of a misdemeanor and punished therefor, in the discretion of the court, not to exceed a fine of Two Hundred Dollars ($200.00). Each day of such unlawful change shall constitute a separate offense, separately punishable. Each application for a temporary or permanent change shall be accompanied by a fee of One Dollar ($1.00). All fees received by the board as herein prescribed shall be deposited in the General Fund of the state.

Miss. Code Ann. § 51-3-47 Water rights adjudicated by court.

Whenever the rights for the use of waters within the state shall have been adjudicated by any court, the board shall aid in the distribution of water in accordance with the terms of the decree; and it shall be the duty of the clerk of any court in which such decree has been issued, within ten (10) days after such decree shall have been entered, to forward to the board and commission, by registered mail, a certified copy of the decree.

Miss. Code Ann. § 51-3-49 Appeal from order of board or commission.

In addition to any other remedies that might now be available, any person or interested party aggrieved by an order of the commission or of the permit board shall have the right to perfect an appeal to the appropriate chancery court in the manner set forth in Sections 49-17-41 and 49-17-29.

Miss. Code Ann. § 51-3-51 Hearing procedures.

The procedures whereby the commission or an employee thereof may obtain a hearing before the commission on a violation of any provisions of this chapter, including a violation of the terms and conditions of any water permit issued by the board, or of a regulation or of any order of the commission or whereby any interested person may obtain a hearing on matters within the jurisdiction of the commission or a hearing on any order of the commission shall be as prescribed in Sections 49-17-31 through 49-17-41. Further, all proceedings before the permit board shall be conducted in the manner prescribed by Section 49-17-29.

Miss. Code Ann. § 51-3-53 Repealed.

Repealed by Laws, 1978, ch. 484, § 37, eff from and after July 1, 1979. [Codes, 1942, § 5956-27; Laws, 1956, ch. 167, § 27]

Miss. Code Ann. § 51-3-55 Enforcement authority; penalties; injunctive relief.

It shall be the duty of the Commission on Natural Resources to serve as the enforcement agency for the Permit Board when the board determines that the sanctions available to it are not sufficient to achieve compliance with the provisions of this chapter. In such cases the board shall notify the commission of such noncompliance or violation and request that the commission take appropriate action. A member of the commission or an employee of the commission may also make such a request. Any person who knowingly submits false or inaccurate information in support of a permit application or a notice of claim or who wilfully fails to comply with the conditions of a permit issued by the board or who wilfully violates orders issued by the commission shall, upon conviction, be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of filing a criminal complaint, the commission may impose a civil penalty not more than Twenty-five Thousand Dollars ($25,000.00) for each such offense, such penalty to be assessed and levied by the commission after a hearing as provided herein. Appeals from the imposition of the civil penalty may be taken to the chancery court in the same manner as appeals from orders of the commission. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, conditioned, if the judgment shall be affirmed, to pay all costs of the assessment entered against the appellant. In lieu of, or in addition to, the penalty provided in subsection (3) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 51-3-1 through 51-3-55, rules and regulations in force pursuant thereto, and orders and permits issued under those sections, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to life or property, it shall not be necessary in such cases that the state plead or prove: (a) That irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation. Commission hearings on the imposition of the above prescribed civil penalty or other sanctions shall be conducted as prescribed in Sections 49-17-31 through 49-17-41.

Miss. Code Ann. § 51-3-101 Repealed.

Repealed by operation of law, Laws of 2007, ch. 541 § 7, effective July 1, 2009. § 51-3-101 . [Laws, 1992, ch. 545 § 1; reenacted and amended, Laws, 1995, ch. 584, § 1; reenacted without change, Laws, 1999, ch. 479, § 1; reenacted without change, Laws, 2003, ch. 358, § 1; reenacted without change, Laws, 2007, ch. 541, § 1, eff from and after July 1, 2007.] § 51-3-103 . [Laws, 1992, ch. 545 § 2; reenacted and amended, Laws, 1995, ch. 584, § 2; reenacted and amended, Laws, 1999, ch. 479, § 2; reenacted and amended, Laws, 2003, ch. 358, § 2; reenacted without change, Laws, 2007, ch. 541, § 2, eff from and after July 1, 2007.] § 51-3-105 . [Laws, 1992, ch. 545 § 3; reenacted and amended, Laws, 1995, ch. 584, § 3; reenacted without change, Laws, 1999, ch. 479, § 3; reenacted and amended, Laws, 2003, ch. 358, § 3; reenacted without change, Laws, 2007, ch. 541, § 3, eff from and after July 1, 2007.] Editor’s Notes — Former § 51-3-101 created the Mississippi Water Resources Advisory Council. Former § 51-3-103 related to council membership, terms of office, officers and general administration. Former § 51-3-105 required the council to report on the status of the state’s water resources.

Miss. Code Ann. § 51-3-106 Repeal of sections 51-3-101 through 51-3-105.

Sections 51-3-101 through 51-3-105 shall stand repealed after July 1, 2009.

Miss. Code Ann. § 51-3-107 Repealed.

Repealed by Laws, 1995, ch. 584, § 6, eff from and after July 1, 1995. [Laws, 1992, ch. 545 § 4]

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