2007 Regular Session
To: Public Utilities
By: Representative Upshaw
AN ACT TO AMEND SECTION 19-5-175, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LOCAL PUBLIC UTILITY DISTRICT HAS NO JURISDICTION OVER PRIVATE WATER WELLS THAT ARE NOT CONNECTED TO THE DISTRICT'S SYSTEMS AND WHICH ARE USED SOLELY FOR NONCOMMERCIAL IRRIGATION PURPOSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-175, Mississippi Code of 1972, is amended as follows:
19-5-175. Districts created under the provisions of Sections 19-5-151 through 19-5-207 shall have the powers enumerated in the resolution of the board of supervisors creating such districts but shall be limited to the conducting and operating of a water supply system, a sewer system, a garbage and waste collection and disposal system, a fire protection system, a combined water and fire protection system, a combined water and sewer system, a combined water and garbage and waste collection and disposal system, or a combined water, sewer, garbage and waste collection and disposal and fire protection system; and to carry out such purpose or purposes, such districts shall have the power and authority to acquire, construct, reconstruct, improve, better, extend, consolidate, maintain and operate such system or systems, and to contract with any municipality, person, firm or corporation for such services and for a supply and distribution of water, for collection, transportation, treatment and/or disposal of sewage and for services required incident to the operation and maintenance of such systems. Notwithstanding the resolution adopted by the board of supervisors, however, a district created under Sections 19-5-151 through 19-5-207 does not have jurisdiction over any private water well on a person's own or leased property if the water well is not connected to any system under the authority of the district and the waters from the well are used solely for noncommercial irrigation purposes and are not intended for use by the public.
As long as any such district continues to furnish any of the services which it was authorized to furnish in and by the resolution by which it was created, it shall be the sole public corporation empowered to furnish such services within such district. However, if the board of commissioners of such district and the board of supervisors unanimously agree, the county may contract directly with any fire protection services provider, in which case the board of supervisors may distribute directly to the fire protection services provider any or all of the funds that otherwise would be distributed to the fire protection district.
Any district created pursuant to the provisions of Sections 19-5-151 through 19-5-207 shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created. No enumeration of powers herein shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. Such districts are empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under such sections.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.