2013 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September 2013 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2013 REGULAR SESSION AND 1ST AND 2ND EXTRAORDINARY SESSIONS PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 12A (As Revised 2003) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe PubHsher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthispublication, orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments,billingorother matters, pleasecall: CustomerService Departmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONON OTHERMATTHEWBENDERPUBLICATIONS, pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStates andCanada 518-487-3000 Copyright © 2013 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed Elsevier Properties, Inc., used underlicense. Matthev^ Benderis a registered trademark ofMatthew Bender Properties, Inc. 5463724 ISBN 978-0-327-09628-3 (Code set) ISBN 978-0-8205-8953-4 (Volume 12A) ®' LexisNexis* Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA22902-5389 WWW. com lexisnexis, (Pub.445I0) User's Guide Inorderto assistboththelegalprofession andthelaymaninobtainingthe maximumbenefitfromthe Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. iii cligitized by the Internet Archive 2014 in https://archive.org/details/govlawmscode12as2013 PUBLISHER'S FOREWORD Statutes The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that arereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. Aconsequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal 2nd Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of re- pealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. V Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdispositionoflegislative acts through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices ofthe Attorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2013 LexisNexis vi SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE 51. WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL CHAPTER 4. Mississippi Scenic Streams StewardshipAct Sec. 51-4-21.3. Eligibility ofportion ofPascagoula River for nomination to Program. 51-4-21.4. Eligibility ofportion ofBear Creek for nomination to Program. 51-4-21.5. Eligibility ofportions ofRed Creek for nomination to Program. 51-4-21.6. Eligibility ofportions ofEscatawpa River for nomination to Program. 51-4-21.7. Eligibility ofportions ofTombigbee River for nomination to Program. 51-4-21.8. Eligibilityofportions ofBogue Chitto Riverfornomination to Program. 51-4-21.9. Eligibility ofportions ofNoxubee River for nomination to Program. 51-4-23.4. Designation ofportion ofBlack Creek in Lamar, Forrest, Perry, Stone, George and Jackson Counties as State Scenic Stream. 51-4-23.5. Designation ofportion ofPascagoula River as State Scenic Stream. 51-4-23.6. Designation ofportion ofBear Creek as State Scenic Stream. 51-4-23.7. Designation ofportion ofRed Creek as State Scenic Stream. 51-4-23.8. Designation ofportion ofTombigbee River as State Scenic Stream. 51-4-23.9. Designation ofportion ofNoxubee River as State Scenic Stream. 51-4-23.10. Designation ofportion ofEscatawpa River as State Scenic Stream. CHAPTER 9. Development ofRegion Bordering Pearl River; Pearl River Valley Water Supply District; MetropolitanArea Water SupplyAct Article 5. Pearl RiverValley Water Supply District Reservoir Police Officer Law OF 1978 51-9-176. Authority to render law enforcement services in emergency situations and participate in multijurisdictional training, law enforcement and emergency operations; command structure; reimbursement for ex- penses. TITLE 53. OIL, GAS,AND OTHER MINERALS CHAPTER 7. Surface Mining and Reclamation ofLand 53-7-77. Surface Mine Worker Safety Training Program Operations Fund. CHAPTER 11. Mississippi Geologic Sequestration ofCarbon DioxideAct 53-11--1. Short title. 53-11-3. Legislative findings;jurisdiction. 53-11-5. Definitions. 53-11--7. Duties and powers ofthe board; rules and regulations; permits. 53-11--9. Approval ofreservoir storage; title to carbon dioxide. 53-11--11. Protection ofcorrelative rights. 53-11-13. Order requiring unit operation ofa geologic sequestration facility. 53-11-15. Board order provisions. 53-11-17. Hearings before the board; notice; rules of procedures; emergency; service of process; public records; request for hearings; orders and compliance orders. 2013 Supplement 1 Schedule of New Sections 53-11-19. Compliance and enforcement. 53-11-21. Effect ofacting as storage operator. 53-11-23. Fees; creation ofCarbon Dioxide Storage Fund. 53-11-25. Cessation ofstorage operations. 53-11-27. Release of performance bond, deposit, or other assurance of perfor- mance. 53-11-29. Refusing to monitor or producing false or inaccurate readings. 53-11-31. Appeal to chancery court. 53-11-33. No effect upon enhanced oil or gas recovery operations. 2 2013 Supplement CODE MISSISSIPPI 1972 ANNOTATED VOLUME TWELVE A TITLE 51 WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL Chapter 1. Navigable Waters 51-1-1 Chapter 3. Water Resources; Regulation and Control 51-3-1 Chapter 4. Mississippi Scenic Streams StewardshipAct 51-4-1 Chapter 5. Subsurface Waters; Well Drillers 51-5-1 Chapter 8. Joint Water Management Districts 51-8-1 Chapter 9. Development of Region Bordering Pearl River; Pearl River ValleyWaterSupplyDistrict;MetropolitanAreaWaterSupply Act 51-9-1 Chapter 11. Pearl River Basin Development District 51-11-1 Chapter 15. Pat Harrison Waterway Commission and District 51-15-1 Chapter 29. Drainage Districts with Local Commissioners 51-29-1 Chapter 31. Drainage Districts with County Commissioners 51-31-1 Chapter 33. Provisions Common to Drainage Districts and Swamp Land Districts 51-33-1 Chapter 35. Flood Control 51-35-1 Chapter 37. Watershed Districts 51-37-1 Chapter 41. Public WaterAuthorities 51-41-1 CHAPTER 1 Navigable Waters Sec. 51-1-4. What constitutes public waterways; rights thereon; prohibited activi- ties; penalties. § 51-1-4. What constitutes public waterways; rights thereon; prohibited activities; penalties. (1) Those portions of all natural flowing streams in this state having a mean annual flow ofnot less than one hundred (100) cubic feet per second, as determined and designated on appropriate maps by the Mississippi Depart- ment of Environmental Quality, shall be public waterways of the state on which the citizens of this state and other states shall have the right of free transport in the stream and the right to fish and engage in water sports. 2013 Supplement 3 § 51-1-4 Waters, Water Resources, Etc. Persons exercising the rights granted by this section shall do so at their own risk, and suchpersons, theirheirs orothers ontheirbehalfshallnotbeentitled to recover any damages against any owner of property or an interest in property on or along such public waterways or against anyone using such property with permission ofthe owner for any injury to or death ofpersons or damage to property arisingout ofthe exercise ofrights grantedbythis section, otherthan those damages which maybe recovered for intentional or malicious torts or for gross or willful negligence against the owner of property or an interest therein or against anyone using such property with permission ofthe owner. (2) Nothing contained in this section shall authorize anyone utilizing public waterways, under the authority granted by this section, to trespass upon adjacent lands or to launch or land any commercial or pleasure craft along or from the shore of such waterways except at places established by public or private entities for such purposes. (3) Nothing contained in this section shall authorize any person utilizing those publicwaterways, underthe authoritygrantedbythis section, to disturb thebanks orbeds ofsuchwaterways orthe discharge ofanyobjectorsubstance into suchwaters orupon or across anylands adjacentthereto ortohunt orfish or go on or across any adjacent lands under floodwaters beyond the natural banks ofthe bed ofthe public waterway. Floodwater which has overflowed the banks ofa public waterway is not a part ofthe public waterway. (4) The right ofthe public to use public waterways does not include the use ofmotorized vehicles in the beds ofa public waterway without the written permission ofthe landowner. Any person who uses a motorized vehicle in the bedofapublicwaterwaywithoutthewrittenpermission ofthe landownermay be punished as provided in Section 97-17-93. (a) It shallbe unlawfulfor anypersonto operate anyall-terrainvehicle, four-wheel-drive motorized vehicle, or other wheeled or tracked conveyance within the bed ofa public waterway and following the meanders thereofin such a way as to cause damage to the streambed. (b) It shall be unlawful for any person to offer a permission or a license for a fee for the operation of any of the conveyances prohibited in this subsection within the bed ofa public waterway. (c) Aviolation ofthis subsection shall be a Class II violation and, upon conviction thereof, may be punished as provided in Section 49-7-143. (d) Nothing in this subsection shall be construed as prohibiting the normal, usual andordinaryfordingofstreamsbypersons authorizedtodo so for legitimate recreational, agricultural, forestry or other lawful purposes. (5) Nothing contained in this section shall be construed to prohibit the construction of dams and reservoirs by the State of Mississippi or any ofits agencies or political subdivisions, or riparian owners, in the manner now or hereafter authorized by law, or in any way to affect the rights of riparian landowners along such waterways except as specifically provided hereinabove orto amend orrepeal anylaw relatingto pollution orwater conservation, orto affect in any manner the title to the banks and beds ofany such stream or the 4 2013 Supplement