HB1098_S_Amend

SECTION 1. It is the intent of the Legislature to confirm the law of Mississippi regarding the public water status of the navigable tributaries and navigable oxbow lakes of the Mississippi River as interpreted by the courts of this state.

SECTION 2. The Legislature recognizes that a controversy has arisen over the status of waters that are no longer public waterways under the criteria established under Section 51-1-4. The Legislature also recognizes that the public waterway criteria and the method and process of determining which waters are public waterways has passed judicial scrutiny, with the Mississippi Supreme Court finding that the section suffers no constitutional or other infirmity under the Mississippi Constitution of 1890 or under federal law.

The Legislature recognizes that this controversy is pending before the courts and it would be contrary to sound public policy and justice for the Legislature to intervene in what is a judicial question involving private property rights and public use of waters.

The Legislature recognizes that settlement negotiations are ongoing and encourages the parties of the lawsuit to consider the nonexclusive proposal that will allow the public to fish and to travel on the waters deemed private at no charge and will afford the landowners the liability protection under state law for landowners who open water to the public for fishing purposes.

SECTION 3. This act shall take effect and be in force from and after its passage.