51-9-109 - Petition for creation of district.
§ 51-9-109. Petition for creation of district.
The Pearl River Industrial Commission, acting through it members who favor bringing the counties they represent into the Pearl River Valley Water Supply District, shall petition the chancery court of the First Judicial District of Hinds County to organize and establish the Pearl River Valley Water Supply District and shall set forth in the petition:
(a) The counties to be included in the Pearl River Valley Water Supply District. Any county through which the Pearl River runs or which borders on the Pearl River may be included in the district.
(b) The fact that a preliminary report or study to determine the engineering feasibility of constructing a dam and reservoir in the basin of Pearl River has been made by a competent engineer or engineering firm and that such study or report shows that the construction of such facilities is feasible for water conservation or supply or for any of the other purposes or services contemplated by the legislative declaration of public policy in this article.
(c) The necessity and desirability for the construction of such facilities.
(d) A general description of the purposes of the contemplated works, and a general description of the plan including the lands to be overflowed or otherwise affected thereby, and maps or plats showing the general location of the reservoir and dam and related facilities. The word "project" when used herein shall mean the general plan and purposes of the Pearl River Valley Water Supply District, including its physical properties, as set out in this petition to the chancery court; and the words "project area" shall mean the physical location of the reservoir, dam, and related facilities as shown on the plats filed with the chancery court and shall include and be limited to an area of one mile from the shore line of the reservoir at high water. The words "related facilities" as used in this article shall mean the facilities indicated on said maps or plats filed with the chancery court or otherwise explained in the pleadings filed with the chancery court and shall include property, land, or areas of land adjacent to, or in the vicinity of, said reservoir or dam and within a distance of one mile from the high water mark of the proposed shore line of said reservoir as shown on said map, which may be acquired, owned, rented, leased, or sold by the district in connection with the recreational or industrial development and use of the project.
The petition shall be filed with as many copies as there are parties defendant. A copy of the preliminary report or study shall be attached to the original and each copy of the petition as an exhibit.
The board of water commissioners shall be made a party defendant, and the chancery clerk shall furnish the board of water commissioners with a copy of the petition with attached exhibits. Each county named in the petition shall be joined as a party defendant by service of process on the president of the board of supervisors thereof, and the chancery clerk shall furnish a copy of the petition to each such president. Whenever any municipality having a population according to the most recent federal census of ten thousand (10,000) or more is included in such proposed district, such municipality shall be made a party defendant.
It shall not be necessary that any land owners in the counties to be included in said proposed district be named in the petition, or made parties defendant. The chancellor of the chancery court of the First Judicial District of Hinds County, Mississippi, shall have jurisdiction of the entire water supply district and project area for the purposes of this article. Such jurisdiction may be exercised by the chancellor in term time or in vacation, as provided in this article.
Sources: Codes, 1942, § 5956-55; Laws, 1958, ch. 197, § 5, eff from and after passage (approved May 5, 1958).