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Show Mississippi 429 esablished average minimum streamflow;47 and (8) dams may be maintained on any stream having a minimum flow of not more than one-half million gallons per day for the purpose of diverting up to 300 acre-feet of the impounded water, but such dams may not affect the established average minimum flow below the dam, and the im- poundment will be subject to "lawful water rights of others." 48 B. STATUTORY PROCEDURE TOR ACQUIRING RIGHTS In order to initiate a right to water subject to the provisions of the Water Code after April 1,1958, an application must be filed with the Board of Water Commissioners.49 Notice of the application is given by publication in a newspaper haying general circulation in the county where the point of diversion is located and, prior to the approval of the application, the Board conducts a public hearing to receive evidence from any person whose rights may be adversely affected by the approval of the proposed application.50 Before ap- proving an application, the Board must not only find that there is unallocated water available, but must also conclude that the proposed appropriation is for a beneficial purpose and not detrimental to the public interest.51 A decision of the Board may be appealed to the circuit court by any aggrieved party.52 If the application is approved, the applicant is issued a permit which authorizes him to proceed with the construction of works within a time limit fixed by the Board and, while the applicant is required to proceed with due diligence, the time for completion of the project may be extended by the Board for good cause shown.53 The applicant is required to notify the Board upon completion of construction of the project and the application of water to beneficial use. If the Board finds that the project has been completed in con- formance with the approved application, the applicant is issued a license evidencing the perfected right.54 3.2 Nature and Limit of Bights A. RIPARIAN RIGHTS With respect to the nature and extent of the riparian rights which are preserved under the Water Code, it is not clear whether the Mississippi court has adopted the "natural flow" theory of riparian rights or the doctrine of "reasonable use." The cases which deal with this subject are very limited and the language used by the court on different occasions suggests elements of both theories. For example, the court has stated that every proprietor of soil through which a stream passes, "has the right to have it run in its natural current without diminution or obstruction."55 This language suggests a 47 Id. *8Sec. 5956-04 (b). *» Sees. 5956-07 and 5956-16. 60 Sec. 5956-18. 61 Sec. 5956-07. 63 Sec. 5956-25. 53 Sec. 5956-18. M Sec. 5956-16. wi/IMes v. Cavofhorn, 78 Miss. 559, 29 So. 34 (1900). Board of Supervisors of Quitman County v. Carrier Lumber Co., 103 Miss. 324, 60 So. 326 (1912). |
