OCR Text |
Show 424 Mississippi 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights The 1956 Water Resources Act created a State Board of Water Commissioners and delegated to it the general administrative super- vision of the surface waters of the State.4 In order to carry out its responsibilities, the Board is authorized to employ a water engineer to act as its executive officer in all matters pertaining to water distri- bution and conservation.5 The Board is to prepare an inventory of the water resources of the State and may cooperate with the Federal Government in assembling this data.6 The Board may enter into interstate compacts and agreements concerning Mississippi's share of water in any interstate stream.7 With certain exceptions, all new uses of water after April 1, 1958, must be initiated by filing applications with the Board. Section 3.1 infra, Summarizes those water uses which are exempt from the oper- ation of the permit system, and also explains the steps necessary to obtain a permit under the act. While the act does not encompass the administration of ground water rights, the Board does have authority to regulate well drillers.8 The Board may divide the State into water districts if it finds it necessary or advisable to do so to assist it in administering the water resources of the State.9 Whenever the rights to use water from a sur- face watercourse have been adjudicated by the court, the Board is authorized to aid in the distribution of water in accordance with the terms and provisions of the decree.10 2.2 Resolution of Water Use Conflicts One of the duties of the Board of Water Commissioners is to administratively "determine and establish the rights of all water users who, on the effective date of this act, are making beneficial use of waters." " This "administrative" determination of rights requires that users be given notice by registered mail and an opportunity to be heard. In connection with any hearing or proceeding conducted by the Board, the Board has the power to take testimony and compel the attendance of witnesses.12 The purpose of the Board's administrative determination is to activate the statutory scheme for preserving riparian rights existing at the date of the act, as discussed in sections 3.1 and 3.2, infra. An "order of determination" is the final administrative step. From it, as well as from decisions of the Board on applications for permits, an appeal lies to the circuit court, and eventually review by the State * Sec. 5956-08. 6 Sec. 5956-10. « Sec. 5956-12. 7 Sec. 5956-21. 8 Sees. 5956-31 to -39. 6 Sec. 5956-14. 10 Sec. 5956-24. 11 Sec. 5956-13. 12 Sec. 5956-26. |