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Mississippi Code Title 51. Waters, Water Resources, Water Districts, Drainage, and Flood Control § 51-8-21

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The powers of each such district shall be vested in and exercised by a board of commissioners consisting of a minimum of five (5) members, to be selected in the manner provided in the initial resolution prescribed by Section 51-8-5. Provided, however, there shall be at least one (1) member from each county within the district.

The resolution may provide that commissioners will be elected by the electors of the local governmental unit or units which they represent or that commissioners will be appointed by the governing body or bodies of the local governmental units which are members of the district. The resolution shall also prescribe the term of office, which shall not exceed five (5) years, and shall establish the length of initial terms, if staggered terms are to be used. Vacancies and unexpired terms shall be filled by the governing body of each local governmental unit.

(2) Notwithstanding the appointive authority herein granted to the said governing body, its legal and actual responsibilities, authority and function, subsequent to the creation of any such district, shall be specifically limited to said appointive function and the responsibilities outlined in Sections 51-8-1, 51-8-5, 51-8-7, 51-8-9, 51-8-11, 51-8-13, 51-8-15, 51-8-31, 51-8-33, 51-8-35, 51-8-43, 51-8-45, and 51-8-57. The operation, management, abolition or dissolution of such district, and all other matters in connection therewith, shall be vested solely and only in said board of commissioners to the specific exclusion of said governing body, and the abolition, dissolution or termination of any such district shall be accomplished only by unanimous resolution of the board of commissioners. However, such board of commissioners shall have no power, jurisdiction or authority to abolish, dissolve or terminate any such district while such district has any outstanding indebtedness of any kind or character.

(3) After a district is created, a local governmental unit may withdraw as a member thereof only if:

(a) The district has no outstanding indebtedness of any kind or character;

(b) Withdrawal would not impair the district's water management plan or objectives;

(c) The withdrawing entity is not receiving benefits from the water management operations and activities of the district; and

(d) Withdrawal is approved by a three-fifths ( 3/5 ) vote of the board of commissioners.

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Cite this article: FindLaw.com - Mississippi Code Title 51. Waters, Water Resources, Water Districts, Drainage, and Flood Control § 51-8-21 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-51-waters-water-resources-water-districts-drainage-and-flood-control/ms-code-sect-51-8-21/

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