MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Conservation and Water Resources

By: Representative Hamilton (6th)

House Bill 1046

(As Passed the House)

AN ACT TO DESIGNATE A CERTAIN PORTION OF THE COLDWATER RIVER IN MARSHALL, DESOTO AND TATE COUNTIES AS ELIGIBLE FOR NOMINATION TO THE STATE SCENIC STREAMS STEWARDSHIP PROGRAM; TO BRING FORWARD SECTION 51-4-7, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF CREATING THE STATE SCENIC STREAMS STEWARDSHIP PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  In compliance with section 51-4-7, the Coldwater River in Marshall, Desoto and Tate Counties from the confluence of the Little Coldwater Creek in Marshall County to the Arkabutla Reservoir pool is designated as eligible for nomination to the State Scenic Streams Stewardship Program.

     SECTION 2.  Section 51-4-7, Mississippi Code of 1972, is brought forward as follows:

     51-4-7.  (1)  There is hereby created the State Scenic Streams Stewardship Program.  The department shall coordinate the program.  The department shall establish and publish minimum criteria for assessing a stream's eligibility for the State Scenic Streams Stewardship Program.  To qualify as eligible, the stream must possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values.  The level of pollution of a stream's waters must be considered in determining eligibility for qualification as a scenic stream.  A stream with relatively polluted waters may qualify as eligible as a scenic stream if other values are considered outstanding.

     (2)  (a)  The department shall inventory and evaluate Mississippi streams and identify the streams or stream segments which possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values based on the criteria established under this section.

          (b)  Any Mississippi organization, resident, state agency or local government may request the department to evaluate a stream.

     (3)  If the department determines that a stream meets the eligibility criteria, the department may recommend to the Legislature that a stream or stream segment be listed as eligible for nomination to the State Scenic Streams Stewardship Program.  In order for a stream to be listed as eligible for nomination to the State Scenic Streams Stewardship Program, the recommendation must be filed as a bill and must be adopted by the Legislature.

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