As Amended
SEC. 51-21-13. Additional powers of district.
(1) The term "project" when used herein shall mean the general plans and purposes of the Lower Mississippi River Basin Development District, including physical properties and the location of reservoir or reservoirs, dam or dams, and related facilities, as approved by the district and as recommended to be feasible and practicable as provided in the preceding sentence.
The words "project area" shall mean any geographic area, as defined by a resolution of the board of directors of the district, located within the district or without the district but within the watershed area of the Lower Mississippi River and its tributaries.
At such time as the district shall have: (a) developed plans for one or more projects for soil conservation or for the preservation, conservation, storage and regulation of waters of the Lower Mississippi River and its tributaries, or any parts thereof, for domestic, commercial, municipal, industrial, agricultural and manufacturing purposes, for recreational uses, for flood control, timber development, irrigation, navigation and pollution abatement, or any one (1) or combination of these purposes; (b) these plans shall have been recommended as feasible and practicable by the United States Army Corps of Engineers or other federal agency, or by a competent engineer or engineering firm; and (c) the district shall have entered into appropriate agreements with the United States of America or its agencies, with the State of Mississippi or its agencies and political subdivisions, or with other states, meeting the requirements of cooperation for soil conservation projects or flood control and navigation projects or other water development projects, as authorized by law, the district, through its board of directors, shall have, in addition to and without limitation upon the powers enumerated in Section 51-21-11, the additional powers set forth in subsection (2).
(2) When the district has met the conditions set forth in subsection (1), it shall have the following powers:
(a) To impound and appropriate for beneficial use overflow water and the surface water of the Lower Mississippi River or its tributaries within the project area at the place or places and in the manner and amount as may be approved by the Office of Land and Water Resources of the State of Mississippi, by the construction of a dam or dams, reservoir or reservoirs, work or works, plants and any other necessary related facilities contemplated and described as a part of the project to control, store and preserve these waters, and to use, distribute and sell them; to construct or otherwise acquire within the project area all works, plants or other facilities necessary to the project for soil conservation or for the purpose of processing the water and transporting it to cities and other facilities for domestic, municipal, commercial, industrial, agricultural and manufacturing purposes; and to control open channels for delivery purposes and water transportation.
(b) To acquire and develop any other available water necessary to the project, and to construct, acquire and develop all facilities within the project area deemed necessary with respect thereto, including terminals.
(c) To forest and reforest and to aid in the foresting and reforesting of the project area, and to prevent and aid in the prevention of soil erosion and flood within the area; to control, store and preserve within the boundaries of the project area the waters of the Lower Mississippi River or any of its tributaries for irrigation of lands and for prevention of water pollution.
(d) To acquire by condemnation all property or interest in property of any kind, real, personal or mixed, within the Lower Mississippi River Basin, whether within or without the project area, strictly and presently necessary for the projects and the exercise of the powers, rights, privileges and functions conferred upon the district by this chapter, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroads, telephone or telegraph companies and according to the provisions of Section 29-1-1. For the purposes of this chapter, the right of eminent domain of the district within the project area shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power and other companies or corporations, and shall be sufficient to enable the acquisition and relocation of county roads, state highways or other public property within the project area. The cost of right-of-way purchases, rerouting and elevating of all other county-maintained roads affected by construction shall be borne by the water development district, and new construction shall be of equal quality as in roads existing as of June 16, 1966.
(e) To require the necessary relocation of roads, highways, railroad, telephone and telegraph lines and properties, electric power lines, gas pipelines, mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners thereof or agreement is had with the owners regarding the payment of the cost of relocation. It is further provided that the district is hereby authorized to acquire easements or rights-of-way in or outside of the project area for the relocation of roads, highways, railroad, telephone and telegraph lines and properties, electric power lines, gas pipelines, mains and facilities, and to convey them to the owners thereof in connection with the relocation as a part of the construction of the project. However, the directors of the district shall not close any public access road to the project existing prior to the construction of the reservoir unless the board of supervisors of the county in which such road is located agrees.
(f) To overflow and inundate any public lands and public property, including sixteenth section lands, and lieu lands, within the project area.
(g) To construct, extend, improve, maintain and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate all facilities of any kind within the project area necessary to the project.
(h) To employ engineers, attorneys and all necessary agents and employees to properly finance, construct, operate and maintain the project and the plants, and to pay reasonable compensation for these services.
(i) To enter into contracts with municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any services, facilities, or commodities that the project may provide. The district is also authorized to contract with any municipality, corporation or public agency for the rental, leasing, purchase or operation of the water production, water filtration or purification, water supply and distributing facilities of the municipality, corporation or public agency upon consideration as the district and the entity may agree. Any contract may be upon any terms and for any time as the parties may agree, and it may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of these bonds, and all obligations are paid. Any contract with any political subdivision shall be binding upon these political subdivisions according to its terms, and the municipalities or other political subdivisions shall have the power to enter into these contracts as in the discretion of the governing authorities thereof would be to the best interest of the people of the municipality or other political subdivision. These contracts may include, within the discretion of the governing authorities, a pledge of the full faith and credit of the political subdivisions for the performance thereof.
(j) To fix and collect charges and rates for any service, facilities, or commodities furnished by it in connection with the project, and to impose penalties for failure to pay these charges and rates when due.
(k) To operate and maintain within the project area, with the consent of the governing body of any city or town located within the district, any works, plants or facilities of any city deemed necessary to the accomplishment of the purposes for which the district is created.
(l) Subject to the provisions of this chapter, from time to time to lease, sell or otherwise lawfully dispose of property of any kind, real, personal or mixed, or any interest therein within the project area or acquired outside the project area as authorized in this chapter, for the purpose of furthering the business of the district.
(m) When, in the opinion of the board of directors, as shown by resolution duly passed, it shall not be necessary to the carrying on of the business of the district that the district own any lands acquired, the board shall advertise the lands for sale to the highest and best bidder for cash and shall receive and publicly open the bids thereon. The board shall, by resolution, determine the highest and best bid submitted for the land and shall thereupon notify the former owner, his/her heirs or devisees, by registered mail of the land to be sold and the highest and best bid received therefor; and the former owner, or his/her heirs or devisees, shall have the exclusive right at his/her or their option for a period of thirty (30) days in which to meet such highest and best bid and to purchase said property.
(n) In the purchase of or in the entering into of all lease purchase agreements for supplies, equipment, heavy equipment and the like, the directors shall, in all instances, comply with the provisions of law pertaining to public purchases by public bids on these supplies and equipment.
SOURCES: Codes, 1942, Sec. 5956-327; Laws, 1966, ch. 259, Sec. 7; 1974, ch. 518 Sec. 1, eff from and after passage (approved April 4, 1974). Laws, 1993, ch. 615, Sec. 11, eff from and after July 1, 1993.
1997 Amendment:
SECTION 5. Sections 51-21-1, 51-21-3, 51-21-5, 51-21-7, 51-21-9, 51-21-11, 51-21-13 and 51-21-14, Mississippi Code of 1972, which establish legislative intent and policy for the Lower Mississippi River Basin Development District, authorize the organization of the district and specify which counties may become part of the district, and provide for a board of directors, creation of the district, powers and duties of the district and issuance of bonds and levy of special tax by the district, are repealed.
SOURCE: 1997 Laws, Chapter 403, Section 5, SB2937, Effective July 1, 1997.