As Amended
SEC. 51-23-17. Additional powers of district.
(1) The term "project" when used herein shall mean the general plans and purposes of the Lower Yazoo River Basin District, including physical properties and the location of reservoir or reservoirs, dam or dams, locks, canals, and related facilities, as approved by the district and as recommended to be feasible and practicable as provided in the preceding sentence. Such approval by the district shall be by an affirmative vote of not less than seventy percent (70%) of the full membership of its board of directors when directly related to and involving the mainstream of the Lower Yazoo River and by an affirmative vote of not less than eighty percent (80%) of the full membership of its board of directors when involving tributary streams. 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 and within the watershed area of the Lower Yazoo River.
At such time or times as (a) a majority of the counties named in Section 51-23-7 shall have become and are members of the district; (b) the district shall have, pursuant to Section 51-23-15, developed plans for one (1) or more projects for the promotion of navigation, commerce, and shipping on the waters of the Lower Yazoo River and its tributaries, or any parts thereof, for commercial, municipal, industrial, agricultural, and manufacturing purposes; (c) 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 (d) the district shall have entered into appropriate agreements with the United States of America or with its agencies, or with the State of Mississippi or its agencies and political subdivisions, or with other states, meeting the requirements of cooperation for navigation projects, the district, through its board of directors, shall have, in addition to and without limitation upon the powers enumerated in Section 51-23-15, the 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 Yazoo 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, locks, canals, work or works, plants, and any other necessary related facilities contemplated and described as a part of the project; to construct or otherwise acquire within the project area all works, plants, or other facilities necessary to the project; and to construct canals and locks and to improve and control open channels for water transportation.
(b) To construct, acquire, and develop all facilities within the project area deemed necessary with respect thereto, including terminals.
(c) To acquire by condemnation all property or interest in property of any kind, real, personal, or mixed, within the project area or areas of the district, 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 all other county-maintained roads affected by constructions shall be borne by the Lower Yazoo River Basin District, and new construction shall be of equal quality as in roads existing as of January 5, 1967. The county in which the work is done may assist in the above costs if the board of supervisors desires.
The amount of and character of interest in land, other property and easements thus to be acquired shall be determined by the board of directors on the basis of the proven needs of the particular project or projects involved. However,
(i) In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties; sand and gravel shall not be considered as minerals within the meaning of this section; however, where land is condemned for easement purposes only, the sand and gravel contained therein or thereunder shall not be condemned, except to the extent necessary for easement purposes, but may be acquired in full by negotiation; and
(ii) No person or persons owning the drilling rights or the right to share in production or mining shall be prevented from exploring, developing, or producing oil, gas, sand and gravel with necessary rights-of-way for ingress and egress, pipelines, and other means of transporting these products by reason of the inclusion of lands, mineral interests, or sand and gravel within the project area, whether below or above the waterline, but any activities shall be under reasonable regulations by the board of directors as will adequately protect the project.
(d) To require the necessary relocation of roads, highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipelines and 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 the project area for the relocation of roads, highways, railroad, telephone, and telegraph lines and properties, electric power lines, gas pipelines and 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. 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.
(e) To overflow and inundate any public lands and public property, including sixteenth section lands and lieu lands, within the project area.
(f) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and to use and operate any facilities of any kind within the project area necessary to the project.
(g) 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; for all services in connection with the issuance of bonds, the attorney's fee shall be in accordance with the following:
(i) On issues up to and including One Hundred Thousand Dollars ($100,000.00), the attorney's fee shall not exceed one percent (1%) thereof;
(ii) On issues over One Hundred Thousand Dollars ($100,000.00), and including Three Hundred Thousand Dollars ($300,000.00), the attorney's fee shall not exceed one-half percent (1/2 %) thereof;
(iii) On issues over Three Hundred Thousand Dollars ($300,000.00), the attorney's fee shall not exceed one-fourth percent (1/4 %) thereof. For any issue the attorney shall receive a minimum fee of Two Hundred Fifty Dollars ($250.00). For any other services, reasonable compensation shall be paid. The board shall have the right to employ a general manager, who shall, at the discretion of the board, have the power to employ and discharge employees.
(h) To make contracts in the issuance of bonds as may be necessary to insure the marketability thereof.
(i) To enter into contracts with municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any service, facilities, or commodities which 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 distribution facilities of such 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 such 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 such charges and rates when due.
(k) To operate and maintain within the project area, with the consent of the governing body of any county, city, or town located within the district, any works, plants, or facilities of any county, city, or town 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 if the land was acquired by the district within twenty (20) years from the date of the proposed sale, the board shall thereupon notify the former owner, his 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 heirs or devisees, shall have the exclusive right at his 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 such supplies and equipment.
SOURCES: Codes, 1942, Sec. 5956-358; Laws, 1966, Ex. Sess., ch. 49, Sec. 8, eff from and after passage (approved January 5, 1967). Laws, 1993, ch. 615, Sec. 12, eff from and after July 1, 1993.
1997 Amendment:
SECTION 7. Sections 51-23-1, 51-23-3, 51-23-5, 51-23-7, 51-23-9, 51-23-11, 51-23-13, 51-23-15 and 51-23-17, Mississippi Code of 1972, which establish legislative intent and policy for the Lower Yazoo River Basin 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, payments to the district, expenses of the district and powers and duties of the district, are repealed.
SOURCE: 1997 Laws, Chapter 403, Section 7, SB2937, Effective July 1, 1997.