MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) White (29th)

AN ACT TO AMEND SECTION 51-9-121, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT TO OPERATE THE SPILLWAY AT THE ROSS BARNETT RESERVOIR IN ACCORDANCE WITH REGULATIONS OF THE PEARL RIVER BASIN DEVELOPMENT DISTRICT; TO AMEND SECTION 51-11-5, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE PEARL RIVER BASIN DEVELOPMENT DISTRICT; TO AMEND SECTION 51-11-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF DIRECTORS OF THE PEARL RIVER BASIN DEVELOPMENT DISTRICT TO ADOPT REGULATIONS FOR THE OPERATION OF THE SPILLWAY AT THE ROSS BARNETT RESERVOIR, TO AMEND SECTIONS 51-9-103, 51-9-127, 51-9-129, 51-11-1, 51-11-13 AND 51-11-19 TO MAKE TECHNICAL AND CONFORMING AMENDMENTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 51-9-103, Mississippi Code of 1972, is amended as follows:

51-9-103. The Legislature declares that the waterways and surface waters of the state are among its basic resources, that the overflow and surface waters of the state have not * * * been conserved to realize their full beneficial use, that the preservation, conservation, storage, and control of the waters are necessary to insure an adequate, sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in flood control, conservation and development of state forests, irrigation of lands needing irrigation, and pollution abatement. The Legislature further declares that the preservation, conservation, storage, and control of the waters of the Pearl River and its tributaries and its overflow waters for domestic, municipal, commercial, industrial, agricultural and manufacturing purposes, for recreational uses, for flood control, timber development, irrigation and pollution abatement are, as a matter of public policy, for the general welfare of the entire people of the state.

The creation of the Pearl River Valley Water Supply District is determined to be necessary and essential to the accomplishment of the * * * purposes stated in this section and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes provided in this law, this being a remedial law.

SECTION 2. Section 51-9-121, Mississippi Code of 1972, is amended as follows:

51-9-121. The Pearl River Valley Water Supply District through its board of directors is hereby empowered:

(a) To impound overflow water and the surface water of the Pearl River or its tributaries within the project area, inside or outside this district at the place or places and in the amount as may be approved by the Mississippi Department of Environmental Quality by the construction of a dam or dams, reservoir or reservoirs, works, plants and any other necessary or useful related facilities contemplated and described as a part of the project inside or outside the district, to control, store and preserve these waters, and to use, distribute, and sell the same. Beginning July 1, 1999, the Pearl River Valley Water Supply District shall operate the spillway at the Ross Barnett Reservoir in accordance with rules and regulations adopted by the Pearl River Basin Development District. The Pearl River Valley Water Supply District may construct or otherwise acquire within the project area all works, plants or other facilities necessary or useful to the project for the purpose of processing the water and transporting it to cities and others for domestic, municipal, commercial, industrial, agricultural and manufacturing purposes and may control open channels for water delivery purposes.

(b) To acquire and develop any other available water necessary or useful to the project and to construct, acquire, and develop all facilities within the project area deemed necessary or useful with respect thereto.

(c) To prevent or aid in the prevention of damage to person or property from the waters of the Pearl River or any of its tributaries.

(d) 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 floods within this area; to control, store, and preserve within the boundaries of the project area the waters of the Pearl River or any of its tributaries for irrigation of lands and for prevention of water pollution.

(e) To acquire by purchase, lease, gift or in any other manner (otherwise than by condemnation) and to maintain, use and operate all property of any kind, real, personal or mixed, or any interest in property within the project area, inside or outside the boundaries of the district, necessary for the project and convenient to the exercise of the powers, rights, privileges and functions conferred upon the district by this article.

(f) To acquire by condemnation all property of any kind, real, personal or mixed, or any interest in property within the project area not exceeding one-quarter (1/4) mile from the outside line of the three hundred (300) feet above sea level contour on each side of Pearl River except as provided for rights-of-way under subsection (g) of this section, inside or outside the boundaries of the district, necessary for the project and the exercise of the powers, rights, privileges and functions conferred upon the district by this article, 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. For the purposes of carrying out this article, the right of eminent domain of the district 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 of county roads, state highways or other public property in the project area and the acquisition or relocation, of the above mentioned utility property in the project area; however, Mississippi Highway 43 as presently located shall be kept open as part of the state highway system. The cost of right-of-way purchases, rerouting and elevating all other county maintained roads affected by construction of the reservoir shall be borne by the water district, and new construction shall be of equal quality as in roads existing as of May 5, 1958. The amount and character of interest in land, other property and easements thus to be acquired shall be determined by the board of directors, and their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of that board in making this determination. However,

(i) In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties within the project area; sand and gravel shall not be considered as minerals within the meaning of this section; and

(ii) No person or persons owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipe lines and other means of transporting these products by reason of the inclusion of those lands or mineral interests within the project area, whether below or above the water line; but any * * * activities shall be under * * * reasonable regulations by the board of directors to adequately protect the reservoir; and

(iii) In drilling and developing, these persons are * * * vested with a special right to have the mineral interest integrated and their lands developed in any drilling unit or units as the State Oil and Gas Board shall establish after due consideration of the rights of all of the owners to be included in the drilling unit.

If any site or plot of land is to be rented, leased, or sold to any person, firm or corporation for the purpose of operating recreational facilities on that land for profit, then the board shall, by resolution, specify the terms and conditions of the sale, rental or lease, and shall advertise for public bids on the sale, rental or lease. When bids are received, they shall be publicly opened by the board, and the board shall * * * determine the highest and best bid submitted and shall immediately notify the former owner of the site or plot of the amount, terms and conditions of the highest and best bid. The former owner of the site or plot shall have the exclusive right at the owner's option, for a period of thirty (30) days after the determination of the highest and best bid by the board, to rent, lease or purchase the site or plot of land by meeting the highest and best bid and by complying with all terms and conditions of the renting, leasing or sale as specified by the board. However, the board shall not in any event rent, lease or sell to any former owner more land than was taken from the former owner for the construction of the project, or one-quarter (1/4) mile of shoreline, whichever is the lesser. If this option is not exercised by the former owner within a period of thirty (30) days, then the board shall accept the highest and best bid submitted.

Any bona fide, resident householder, actually living or maintaining a residence on land taken by the district by condemnation shall have the right to repurchase not exceeding forty (40) acres of resident householder's former land or other available land from the board of directors for a price not exceeding the price paid for condemning that land.

(g) To require the necessary relocation of roads and 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 the relocation. It is further provided that the district may acquire easements or rights-of-way in or outside of the project area for the relocation of the roads, highways, railroad, telephone and telegraph lines and properties, electric power lines, gas pipelines and mains and facilities, and * * * convey those 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 reservoir existing before the construction of the reservoir unless the board of supervisors of the county in which the road is located agrees.

(h) To overflow and inundate any public lands and public property, including sixteenth section lands and in lieu lands, within the project area.

(i) To construct, extend, improve, maintain and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate facilities of any kind within the project area necessary or convenient to the project and to the exercise of those powers, rights, privileges and functions.

(j) To sue and be sued in its corporate name.

(k) To adopt, use, and alter a corporate seal.

(l) To make bylaws for the management and regulation of its affairs.

(m) To employ engineers, attorneys, and all necessary agents and employees to properly finance, construct, operate and maintain the project and the plants and facilities of the district and carry out * * * this article, and to pay reasonable compensation for the services. For all services in connection with the issuance of bonds as provided in this article, the attorney's fee shall not exceed one-quarter of one percent (1/4 of 1%) of the principal amount of those bonds. For any other services, only reasonable compensation shall be paid for these services. The board may employ a general manager, who shall, at the discretion of the board, have the power to employ and discharge employees. Without limiting the generality of the foregoing, the board may employ fiscal agents or advisors in connection with its financing program and in connection with the issuance of its bonds.

(n) To make contracts and to execute instruments necessary or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this article.

(o) To make or cause to be made surveys and engineering investigations relating to the project, or related projects, for the information of the district to facilitate the accomplishment of the purposes for which it is created.

(p) To apply for and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications * * * made by voluntary associations to these agencies for grants to construct, maintain or operate any project or projects which hereafter may be undertaken or contemplated by the district.

(q) To do any other acts or things necessary or convenient to the exercising of the powers, rights, privileges or functions conferred upon it by this article or any other law.

(r) To make contracts in the issuance of bonds that may be necessary to insure the marketability thereof.

(s) 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 may 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 any consideration as the district and that 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 in the contract and refunding bonds issued in lieu of these bonds are paid. Any contract with any political subdivision shall be binding upon that political subdivision according to its terms, and any municipalities or other political subdivisions shall have the power to enter into those contracts as in the discretion of the governing authorities * * * 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 of the contracts.

(t) To fix and collect charges and rates for any services, 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.

(u) 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 or convenient to the accomplishment of the purposes for which the district is created.

(v) Subject to the provisions of this article, from time to time to lease, sell or otherwise dispose of any property of any kind, real, personal or mixed, or any interest in property within the project area or acquired outside the project area as authorized in this article, for the purpose of furthering the business of the district.

(w) 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, then the board shall advertise these lands for sale to the highest and best bidder for cash and shall receive and publicly open the bids on the sale of the lands. The board shall, by resolution, determine the highest and best bid submitted for the land and shall * * * notify the former owner, the owner's heirs or devisees, by registered mail of the land to be sold and the highest and best bid received for the land, and the former owner, or the owner's heirs or devisees, shall have the exclusive right at * * * their option for a period of thirty (30) days in which to meet the highest and best bid and to purchase the property.

(x) In addition to, or in conjunction with, any other powers and duties of the district arising under this chapter, to exercise those powers, duties and functions of a joint water management district set forth in Sections 51-8-27 through 51-8-55, except the power of eminent domain under Section 51-8-33. Before exercising those powers and duties, the district must comply with * * * Sections 51-8-63 and 51-8-65. In exercising the functions of a joint water management district, the district may apply to the Environmental Quality Permit Board for delegation of those powers and duties as provided by Section 51-3-15, and to apply to the Mississippi Commission on Environmental Quality for delegation of those powers and duties provided by Section 51-3-21.

Any transaction regarding any property under the provisions of this section shall be executed in accordance with * * * Section 29-1-1.

SECTION 3. Section 51-9-127, Mississippi Code of 1972, is amended as follows:

51-9-127. (1) The board of directors of the district may adopt and promulgate all reasonable regulations to secure, maintain and preserve the sanitary condition of all water in and to flow into any reservoir owned by the district, except regulations regarding the operation of the spillway at the Ross Barnett Reservoir to prevent waste of water or the unauthorized use of water, and to regulate residence, hunting, fishing, boating, camping, circulation of vehicular traffic on land, the parking of those vehicles and all recreational and business privileges in, along or around any * * * reservoir, any body of land or any easement owned by the district.

(2) All * * * regulations prescribed by the board of directors, after publication in a daily newspaper of statewide circulation and in a newspaper of general circulation in each county comprising the area of the district, shall have the full force and effect of law. Violation of those regulations shall be punishable by fine not to exceed One Thousand Dollars ($1,000.00), as may be prescribed in the regulations, or by imprisonment not to exceed fifteen (15) days, or both the amount of the fine and the term of the imprisonment, within the maximum limit set by this statute and within the maximum limit prescribed in the regulations, to be determined by the court.

All * * * regulations * * * prescribed and the penalties fixed under those regulations relating to hunting, fishing and boating shall not conflict with, exceed, alter or suspend any regulations, rules or penalties prescribed by general statute or by the Mississippi Commission on Wildlife, Fisheries and Parks. All fines and penalties levied and collected under this article shall be remitted and accounted for in accordance with the general statutes relating to those fines and penalties.

(3) If a violation of any regulation adopted to prevent pollution of the waters in any reservoir owned by the district, or the threat of continuous violation of those regulations, the district may sue for and obtain damages and other appropriate relief, including injunctive relief.

SECTION 4. Section 51-9-129, Mississippi Code of 1972, is amended as follows:

51-9-129. The district may obtain through appropriate hearings an appropriation permit or permits from the Permit Board as provided * * * in Section 51-3-31.

SECTION 5. Section 51-11-1, Mississippi Code of 1972, is amended as follows:

51-11-1. The Legislature declares that the soil of the state and the waterways and surface waters of the state are among its basic resources; that the soil and the overflow and surface waters of the state have not * * * been conserved to realize their full beneficial use; that the utilization, development, conservation and regulation of the soil and waters are necessary to insure an adequate flood control program and a sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in conservation and development of the soils and forests of the state, irrigation of lands needing irrigation, navigation and pollution abatement. The Legislature further declares that the preservation, conservation, storage and regulation of the waters of the Pearl River and its tributaries and their overflow waters for domestic, commercial, municipal, industrial, agricultural and manufacturing purposes, for recreational uses, for flood control, timber development, irrigation, navigation and pollution abatement, and for the preservation, conservation and development of the soil of the Pearl River Basin are, as a matter of public policy, for the general welfare of the entire people of the state.

 * * * The creation of the Pearl River Basin Development District is determined to be necessary and essential to the accomplishment of the * * * purposes stated in this section and that this chapter operates on a subject in which the state at large is interested.

SECTION 6. Section 51-11-5, Mississippi Code of 1972, is amended as follows:

51-11-5. All powers of the Pearl River Basin Development District, * * * referred to in this chapter as the district, shall be exercised by a board of directors to be selected and composed as follows:

(a) The * * * Mississippi Commission on Wildlife, Fisheries and Parks, the Mississippi Forestry Commission and the Mississippi State Board of Health shall each appoint one (1) director to serve on the board of directors of the district. Each * * * director shall serve at the pleasure of the * * * appointing authority, but not to exceed a six-year term.

(b) The board of supervisors of each county which elects to become a member of the district shall appoint two (2) directors from that county, each of whom shall serve for a term of six (6) years or until a successor is appointed by the board of supervisors of that county and qualified. In making its initial appointment of directors, the board of supervisors of each member county shall appoint one (1) of its two (2) directors to serve for a term of three (3) years or until a successor is appointed and qualified.

(c) The Mayor of the City of Jackson shall appoint two (2) directors, one (1) of whom shall represent the Greater Jackson Industrial Park. Each director shall serve for a term of six (6) years or until a successor is appointed by the mayor and qualified.

(d) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that the director will faithfully discharge the duties of the office, which oath shall be filed with and preserved by the * * * clerk * * *.

(e) Each director shall receive a per diem in the amount as provided in Section 25-3-69 for attending each day's meeting of the board of directors and for each day spent in attending to the necessary business of the district and, in addition, the director shall receive reimbursement for actual expenses, including travel expenses, as provided in Section 25-3-41.

(f) The board of directors shall annually elect from its membership a president and vice president of the district and any other officers as, in the judgment of the board of directors, are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board of directors, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this chapter upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board of directors shall also appoint a secretary and a treasurer who shall be members of the board of directors, and it may combine those officers. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), with sureties qualified to do business in this state, and the premiums on the bonds shall be an expense of the district. Each * * * bond shall be payable to the State of Mississippi and a condition of each * * * bond shall be that the treasurer or director will faithfully perform all duties of the office and account for all money or other assets which shall come into their custody as treasurer or director of the district.

(g) A majority of the total membership of the board of directors shall constitute a quorum at a regular meeting, or at any special meeting duly called and held for a specific purpose. All business of the district shall be transacted by the affirmative vote of a majority of the total membership of the board of directors.

(h) The State Auditor of Public Accounts shall annually audit the books and records of the district and make a report on the audit to the Governor and the Legislature.

SECTION 7. Section 51-11-11, Mississippi Code of 1972, is amended as follows:

51-11-11. The district, through its board of directors, is * * * empowered:

(a) To develop in conjunction with the United States Army Corps of Engineers, United States Secretary of Agriculture, United States Secretary of Interior or with any other federal or state agency as may be involved, including agencies of the State of Louisiana, plans for public works of improvement for the preservation, conservation, development, storage and regulation of soil and waters within the Pearl River Basin, including the impoundage, diversion, flowage and distribution of waters for industrial, irrigational or potable water supplies, the development of waters for navigation and the prevention of floodwater damage; to enter into agreements with the United States of America, as represented by the United States Army Corps of Engineers or by any other federal agency as may be involved, to meet the requirements of local cooperation for flood control and navigation projects or other use of water as set out and authorized by federal law * * *.

(b) To adopt regulations for the operation of the spillway at the Ross Barnett Reservoir with the highest priorities of that operation being sanitary water supply and flood control.

(c) To sue and be sued in its corporate name.

(d) To adopt, use, and alter a corporate seal.

(e) To make bylaws for the management and regulation of its affairs.

(f) To make or cause to be made or to cooperate in making engineering surveys, feasibility studies and cost-benefit estimates relating to the construction of dams, reservoirs, works, plants or any other necessary related facilities for controlling, storing, using and distributing, including to adjacent basins, the waters within the Pearl River Basin, or for the prevention of floodwater damage, for navigation therein, or for the use of its water resources for recreational purposes.

(g) To acquire by purchase, lease, gift or in other manner, other than by condemnation, and to maintain, use and operate any and all property of any kind, real, personal or mixed, or any interest therein within the boundaries of the district necessary for the purposes of the district.

(h) To make contracts and to execute instruments necessary to the exercise of the powers, rights, privileges and functions conferred upon the district by this chapter.

(i) To apply for and accept grants or loans from the United States of America or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications * * * made by voluntary associations to those agencies for grants to construct, maintain or operate any project or projects which * * * may be undertaken or contemplated by the district.

(j) To employ an executive vice president who shall act as general manager of the district and who may, at the discretion of the board of directors, have the power to employ and discharge employees. The board of directors may employ engineers, attorneys and all agents and employees necessary to the exercising of the powers, rights, privileges and functions conferred upon the district by this chapter or any other law, or necessary to properly finance, construct, operate and maintain the projects and plants of the district; and the district may pay reasonable compensation for such services. For all services in connection with the issuance of bonds, the attorney's fee shall be in accordance with the following:

1. On issues up to and including One Hundred Thousand Dollars ($100,000.00), the attorney's fee shall not exceed one percent (1%) of the issue amount.

2. 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%) of the issue amount.

3. On issues over Three Hundred Thousand Dollars ($300,000.00), the attorney's fee shall not exceed one-fourth percent (1/4%) of the issue amount; but 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.

(k) To do any * * * other acts or things necessary to the exercising of the powers, rights, privileges or functions conferred upon the district by this chapter or any other law.

SECTION 8. Section 51-11-13, Mississippi Code of 1972, is amended as follows:

51-11-13. The term "project" when used herein shall mean the general plans and purposes of the district, including without limitation physical properties and the location of reservoir or reservoirs, dam or dams and related facilities, as approved by the district. The words "project area" * * * mean any geographic area, as defined by a resolution of the board of directors of the district, located within (i) any county which is a member of the district or (ii) any portion of any other county which lies within the watershed area of the Pearl River and its tributaries. The district, through its board of directors, shall have, in addition to and without limitation upon the powers enumerated in Section 51-11-11, the following powers:

(a) To impound and appropriate for beneficial use overflow water and the surface water of the Pearl 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 Department of Environmental Quality, 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 construct a dam or dams, reservoir or reservoirs, work or works and any other necessary related facilities contemplated and described as a part of the project to control flooding on the Pearl River and its tributaries; 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 the purpose of soil conservation or for the purpose of processing 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; provided, however, a decision by the board of directors to have a dam or reservoir constructed within a county may be vetoed by an affirmative vote of a majority of each of the boards of supervisors of any three (3) or more member counties of the district.

(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 this area; to control, store and preserve within the boundaries of the project area the waters of the Pearl 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 Pearl River Basin, whether inside or outside 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 * * * Section 29-1-1. No petition to condemn any property or any interest in any property shall be filed unless accompanied by a certificate by the United States Army Corps of Engineers or other federal agency, or by a competent engineer or engineering firm, stating that the property being acquired is necessary for the purposes of an approved project of the district. 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 district, and new construction shall be of equal quality as in roads existing as of January 1, 1984. The county in which this work is done may assist in these costs if the board of supervisors so desires.

The amount and character of interest in land, other property and easements 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. The board of directors shall make this determination in compliance with * * * Section 29-1-1. 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 in or under that land shall not be condemned, except to the extent necessary for these 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 or gas or 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 the lands or mineral interests or sand and gravel within the project area, whether below or above the waterline, but these activities shall be under reasonable regulations by the board of directors as will adequately protect the project.

(e) 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 such relocation. Further, 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 and mains and facilities, and to convey them to the owners thereof in connection with relocation as a part of the construction of the project.

(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 make contracts in the issuance of bonds as may be necessary to insure the marketability thereof.

(j) To enter into contracts with municipalities, corporations, districts, public agencies, political subdivisions of any kind and others for any services, facilities or commodities which the project may provide; to contract with any municipality, corporation or public agency for the rental, leasing, purchase or operation of water production, water filtration or purification, water supply and distributing facilities * * * 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, may provide that it shall continue in effect until bonds specified in the contract, refunding bonds issued in lieu of these bonds, and all obligations are paid. Any contract with any political subdivision shall be binding upon the 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. The 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 of the contract.

(k) 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.

(l) To operate and maintain within the project area, with the consent of the governing body of any located within the district, any works, plants or facilities deemed necessary to the accomplishment of the purposes for which the district is created.

(m) 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 in property 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.

(n) 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 these lands for sale to the highest and best bidder for cash, and shall receive and publicly open the bids on the sale of the lands.

(o) 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.

(p) In addition to, or in conjunction with, any other powers and duties of the district arising under this chapter, to exercise those powers, duties and functions of a joint water management district set forth in Sections 51-8-27 through 51-8-55, except the power of eminent domain under Section 51-8-33. Before exercising those powers and duties, the district must comply with * * * Sections 51-8-63 and 51-8-65. In exercising the functions of a joint water management district, the district may apply to the Environmental Quality Permit Board for delegation of those powers and duties as provided by Section 51-3-15, and to apply to the Mississippi Commission on Environmental Quality for delegation of those powers and duties provided by Section 51-3-21.

(q) To create a flood control district within the Pearl River Basin Development District as provided under Sections 51-11-53 through 51-11-85.

SECTION 9. Section 51-11-19, Mississippi Code of 1972, is amended as follows:

51-11-19. (1) The board of directors of the district may adopt and promulgate all reasonable regulations * * * to secure, maintain and preserve the sanitary condition of all water in and to flow into any reservoir owned by the district, to prevent waste of water or the unauthorized use of water, to provide for operation of the spillway at the Ross Barnett Reservoir as provided in Section 51-11-11, and to regulate residence, hunting, fishing, boating, camping, circulation of vehicular traffic on land, the parking of those vehicles and all recreational and business privileges in, along or around any * * * reservoir, any body of land or any easement owned by the district.

(2) All * * * regulations prescribed by the board of directors, after publication in a daily newspaper of statewide circulation and in a newspaper of general circulation in each county comprising the area of the district, shall have the full force and effect of law, and violation of a regulation shall be punishable by fine, not to exceed One Thousand Dollars ($1,000.00), as may be prescribed in the regulations, or by imprisonment, not to exceed fifteen (15) days, to be determined by the court, or both.

(3) If a violation of any regulation adopted to prevent pollution of the waters in any reservoir owned by the district, or the threat of continuous violation of a regulation, the district may sue for and obtain damages and/or other appropriate relief, including injunctive relief.

(4) All * * * regulations so prescribed and the penalties fixed under the regulations, by the authority of this section, shall not conflict with, exceed, alter or suspend any regulations, rules or penalties prescribed by general statute, by the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi State Board of Health * * *. All fines and penalties levied and collected under this chapter shall be remitted and accounted for in accordance with the general statutes relating to those fines and penalties.

SECTION 10. This act shall take effect and be in force from and after its passage.