Veterans; exempt from fees for entry and use of parks and recreational facilities established by Pat Harrison Waterway District.

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To: Wildlife, Fisheries and
Parks; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Barnett

HOUSE BILL NO. 1470

AN ACT TO AMEND SECTION 51-15-123, MISSISSIPPI CODE OF 1972, 1
TO EXEMPT VETERANS FROM PAYING FEES FOR THE ENTRY AND USE OF 2
PUBLIC PARKS AND RECREATIONAL FACILITIES ESTABLISHED BY THE PAT 3
HARRISON WATERWAY DISTRICT; TO BRING FORWARD SECTION 51-15-119, 4
MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 5
AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 51-15-123, Mississippi Code of 1972, is 8
amended as follows: 9
51-15-123. (1) The Pat Harrison Waterway District is 10
authorized to establish or otherwise provide for public parks and 11
recreation facilities and for the preservation of fish and 12
wildlife, and to acquire land otherwise than by condemnation 13
except as provided in subsection (e) of Section 51-15-119 for such 14
purposes, within the project area. 15
(2) Veterans shall be exempt from paying the fee or fees for 16
the entry and use of the public parks and recreational facilities 17
established or provided for by the district. An applicant for the 18
exemption provided by this subsection (2) shall present to the 19
issuing official written evidence of his or her status as a 20
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veteran, including, but not limited to, a valid veteran or retired 21
military identification card, a copy of the applicant's DD-214 22
form, a Report of Separation from Military Service, a military 23
discharge document, or a written certification of military service 24
from Mississippi Veterans Affairs. 25
SECTION 2. Section 51-15-119, Mississippi Code of 1972, is 26
brought forward as follows: 27
51-15-119. (1) The Pat Harrison Waterway District through 28
its board of directors is hereby empowered: 29
(a) To develop in conjunction with the United States 30
Army Corps of Engineers, United States Secretary of Agriculture, 31
or with the head of any other federal or state agency as may be 32
involved, plans for public works of improvement to make navigable 33
or for the prevention of flood water damage, or the conservation, 34
development, recreation, utilization and disposal of water, 35
including the impoundment, diversion, flowage and distribution of 36
waters for beneficial use as defined in Article 1 of this chapter, 37
and in connection with the Oktibbeha River Basin project as 38
authorized under Public Law 874, 87th Congress, October 23, 1962, 39
and substantially in accordance with the recommendation of the 40
Chief of Engineers in House Document 549 of the 87th Congress. 41
(b) To impound overflow water and the surface water of 42
any streams in the Pat Harrison Waterway District or its 43
tributaries within the project area, within or without the 44
district, at the place or places and in the amount as may be 45
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approved by the Office of Land and Water Resources of the State of 46
Mississippi, by the construction of a dam or dams, reservoir or 47
reservoirs, work or works, plants and any other necessary or 48
useful related facilities contemplated and described as a part of 49
the project within and without the district, to control, store, 50
and preserve these waters, and to use, distribute, and sell them, 51
to construct or otherwise acquire within the project area all 52
works, plants or other facilities necessary or useful to the 53
project for processing the water and transporting it to cities and 54
other facilities necessary or useful to the project for the 55
purpose of processing the water and transporting it to cities and 56
other facilities for domestic, municipal, commercial, industrial, 57
agricultural and manufacturing purposes, and is hereby given the 58
power to control open channels for water delivery purposes and 59
water transportation. 60
(c) To acquire and develop any other available water 61
necessary or useful to the project and to construct, acquire, and 62
develop all facilities within the project area deemed necessary or 63
useful with respect thereto. 64
(d) To forest and reforest and to aid in the foresting 65
and reforesting of the project area, and to prevent and aid in the 66
prevention of soil erosion and flood within the area; to control, 67
store and preserve within the boundaries of the project area the 68
waters of any streams in the area, for irrigation of lands and for 69
prevention of water pollution. 70
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(e) To acquire by condemnation all property of any 71
kind, real, personal or mixed, or any interest therein, within or 72
without the boundaries of the district, necessary for the project 73
and the exercise of the powers, rights, privileges and functions 74
conferred upon the district by this article, according to the 75
procedure provided by law for the condemnation of lands or other 76
property taken for rights-of-way or other purposes by railroad, 77
telephone or telegraph companies and according to the provisions 78
of Section 29-1-1. For the purposes of this article the right of 79
eminent domain of the district shall be superior and dominant to 80
the right of eminent domain of railroad, telegraph, telephone, 81
gas, power and other companies or corporations and shall be 82
sufficient to enable the acquisition of county roads, state 83
highways or other public property in the project area, and the 84
acquisition or relocation of this property in the project area. 85
The cost of right-of-way purchases, rerouting and elevating all 86
other county-maintained roads affected by construction shall be 87
borne by the water management district, and new construction shall 88
be of equal quality as in roads existing as of June 1, 1962. The 89
county in which such work is done may assist in these costs if the 90
board of supervisors desires. 91
The amount and character of interest in land, other property 92
and easements to be acquired shall be determined by the board of 93
directors, and their determination shall be conclusive and shall 94
not be subject to attack in the absence of manifold abuse of 95
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discretion or fraud on the part of such board in making this 96
determination. However: 97
(i) In acquiring lands, either by negotiation or 98
condemnation, the district shall not acquire minerals or royalties 99
within the project area; sand and gravel shall not be considered 100
as minerals within the meaning of this section; and 101
(ii) No person or persons owning the drilling 102
rights or the right to share in production shall be prevented from 103
exploring, developing or producing oil or gas with necessary 104
rights-of-way for ingress and egress, pipelines and other means of 105
transporting these products by reason of the inclusion of the 106
lands or mineral interests within the project area, whether below 107
or above the waterline, but any activities shall be under 108
reasonable regulations by the board of directors that will 109
adequately protect the project; and 110
(iii) In drilling and developing, these persons 111
are hereby vested with a right to have mineral interests 112
integrated and their lands developed in the drilling unit or units 113
that the State Oil and Gas Board shall establish after due 114
consideration of the rights of all owners to be included in the 115
drilling unit. 116
Moreover, when any site or plot of land is to be rented, 117
leased or sold to any person, firm or corporation for the purpose 118
of operating recreational facilities thereon for profit, the board 119
shall, by resolution, specify the terms and conditions of the 120
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sale, rental or lease, and shall advertise for public bids 121
thereon. When these bids are received, they shall be publicly 122
opened by the board, and the board shall thereupon determine the 123
highest and best bid submitted and shall immediately notify the 124
former owner of the site or plot of the amount, terms and 125
conditions of the highest and best bid. The former owner of the 126
site or plot shall have the exclusive right at his option, for a 127
period of thirty (30) days after written notice is received by the 128
land owner of the determination of the highest and best bid by the 129
board, to rent, lease or purchase the site or plot of land by 130
meeting the highest and best bid and by complying with all terms 131
and conditions of renting, leasing or sale as specified by the 132
board. However, the board shall not in any event rent, lease or 133
sell to any former owner more land than was taken from the former 134
owner for the construction of the project, or one-quarter (1/4) 135
mile of shore line, whichever is lesser. If this option is not 136
exercised by the former owner within a period of thirty (30) days, 137
the board shall accept the highest and best bid submitted. 138
Any bona fide, resident householder actually living or 139
maintaining a residence on land taken by the district by 140
condemnation shall have the right to repurchase his former land 141
from the board of directors for a price not exceeding the price 142
paid for his land, plus any permanent improvements and plus the 143
cost of condemnation. 144
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(f) To require the necessary relocation of roads and 145
highways, railroad, telephone and telegraph lines and properties, 146
electric power lines, pipelines, and mains and facilities in the 147
project area, or to require the anchoring or other protection of 148
any of these, provided due compensation is first paid the owners 149
thereof or agreement is had with the owners regarding the payment 150
of the cost of relocation. Further, the district is hereby 151
authorized to acquire easements or rights-of-way in or outside of 152
the project area for the relocation of roads, highways, railroad, 153
telephone and telegraph lines and properties, electric power 154
lines, pipelines, and mains and facilities, and to convey them to 155
the owners thereof in connection with the relocation as a part of 156
the construction of the project. However, the directors of the 157
district shall not close any public access road to the project 158
existing prior to the construction of the reservoir unless the 159
board of supervisors of the county in which the road is located 160
agrees. 161
(g) To overflow and inundate any public lands and 162
public property, including sixteenth section lands and in lieu 163
lands, within the project area. 164
(h) To construct, extend, improve, maintain and 165
reconstruct, to cause to be constructed, extended, improved, 166
maintained and reconstructed, and to use and operate all 167
facilities of any kind within the project area necessary or 168
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convenient to the project and to the exercise of powers, rights, 169
privileges and functions. 170
(i) To sue and be sued in its corporate name. 171
(j) To adopt, use and alter a corporate seal. 172
(k) To make bylaws for the management and regulation of 173
its affairs. 174
(l) To employ engineers, attorneys, who may or may not 175
be a director, and all necessary agents and employees to properly 176
finance, construct, operate and maintain the projects and the 177
plants, and to pay reasonable compensation for these services; for 178
all services in connection with the issuance of bonds as provided 179
in this article, the attorney's fee shall not exceed one percent 180
(1%) of the principal amount of these bonds. For any other 181
services, only reasonable compensation shall be paid for those 182
services. The board shall have the right to employ a general 183
manager or executive director, who shall, at the discretion of the 184
board, have the power to employ and discharge employees. Without 185
limiting the generality of the foregoing, it may employ fiscal 186
agents or advisors in connection with its financing program and in 187
connection with the issuance of its bonds. 188
(m) To make contracts and to execute instruments 189
necessary or convenient to the exercise of the powers, rights, 190
privileges and functions conferred upon it by this article. 191
(n) To make or cause to be made surveys and engineering 192
investigations relating to the project, or related projects, for 193
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the information of the district to facilitate the accomplishment 194
of the purposes for which it is created. 195
(o) To apply for and accept grants from the United 196
States of America or from any corporation or agency created or 197
designated by the United States of America, and to ratify and 198
accept applications heretofore or hereafter made by voluntary 199
associations to these agencies for grants to construct, maintain 200
or operate any project or projects which hereafter may be 201
undertaken or contemplated by the district. 202
(p) To do all other acts or things necessary, 203
requisite, or convenient to the exercising of the powers, rights, 204
privileges or functions conferred upon it by this article or any 205
other law. 206
(q) To make such contracts in the issuance of bonds 207
that may be necessary to ensure the marketability thereof. 208
(r) To enter into contracts with municipalities, 209
corporations, districts, public agencies, political subdivisions 210
of any kind, and others for any services, facilities or 211
commodities that the project may provide. The district is also 212
authorized to contract with any municipality, corporation or 213
public agency for the rental, leasing, purchase or operation of 214
the water production, water filtration or purification, water 215
supply and distributing facilities of the municipality, 216
corporation or public agency upon consideration as the district 217
and entity may agree. Any contract may be upon any terms and for 218
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any time as the parties may agree, and it may provide that it 219
shall continue in effect until bonds specified therein and 220
refunding bonds issued in lieu of these bonds and all obligations 221
are paid. Any contract with any political subdivision shall be 222
binding upon the political subdivisions according to its terms, 223
and the municipalities or other political subdivisions shall have 224
the power to enter into these contracts as in the discretion of 225
the governing authorities thereof would be to the best interest of 226
the people of the municipality or other political subdivisions. 227
These contracts may include within the discretion of the governing 228
authorities a pledge of the full faith and credit of the political 229
subdivisions for the performance thereof. 230
(s) To fix and collect charges and rates for any 231
services, facilities or commodities furnished by it in connection 232
with the project, and to impose penalties for failure to pay these 233
charges and rates when due. 234
(t) To operate and maintain within the project area, 235
with the consent of the governing body of any city or town located 236
within the district, any works, plants or facilities of any city 237
deemed necessary or convenient to the accomplishment of the 238
purposes for which the district is created. 239
(u) Subject to the provisions of this article, from 240
time to time to lease, sell or otherwise lawfully dispose of 241
property of any kind, real, personal or mixed, or any interest 242
therein within the project area or acquired outside the project 243
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area as authorized in this article, for the purpose of furthering 244
the business of the district. 245
(v) When, in the opinion of the board of directors as 246
shown by resolution duly passed, it shall not be necessary to the 247
carrying on of the business of the district that the district own 248
any lands acquired, the board shall advertise the lands for sale 249
to the highest and best bidder for cash, and shall receive and 250
publicly open the bids thereon. The board shall, by resolution, 251
determine the highest and best bid submitted for the land and 252
shall thereupon notify the former owner, his/her heirs or 253
devisees, by registered mail of the land to be sold and the 254
highest and best bid received therefor, and the former owner, or 255
his/her heirs or devisees, shall have the exclusive right at 256
his/her or their option for a period of thirty (30) days in which 257
to meet such highest and best bid and to purchase such property. 258
(w) To prevent or aid in the prevention of damage to 259
person or property from the waters of the Pascagoula River or any 260
of its tributaries. 261
(x) To acquire by purchase, lease, gift or in any other 262
manner (otherwise than by condemnation) and to maintain, use and 263
operate all property of any kind, real, personal or mixed, or any 264
interest therein within the project area, within or without the 265
boundaries of the district, necessary for the project and 266
convenient to the exercise of the powers, rights, privileges and 267
functions conferred upon the district by this article. 268
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(y) In the purchase of or in the entering into of all 269
lease purchase agreements for supplies, equipment, heavy equipment 270
and the like, the directors shall in all instances comply with the 271
provisions of law pertaining to public purchases by public bids on 272
these supplies and equipment. 273
(z) To designate employees as peace officers with the 274
power to make arrests for violations of regulations of the 275
district. The officers are authorized to carry weapons and to 276
enforce the laws of the state within the confines of district 277
parks and property. Any employee so designated is required to 278
obtain and maintain certification pursuant to Section 45-6-1 et 279
seq. 280
(aa) To contract with persons, who are certified 281
according to the minimum standards established by the Board on Law 282
Enforcement Officer Standards and Training under Section 45-6-1 et 283
seq., to serve as peace officers with the power to make arrests 284
for violations of regulations of the district. Such officers are 285
authorized to carry weapons and to enforce the laws of the state 286
within the confines of district parks and property. All persons 287
with which the district has contracted under this paragraph (aa) 288
shall be independent contractors and shall not be considered as 289
employees under Chapter 46, Title 11, Mississippi Code of 1972. 290
(bb) To: (i) receive and expend funds that are made 291
available to it under the provisions of the federal American 292
Recovery and Reinvestment Act of 2009 (ARRA), and/or from any 293
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ST: Veterans; exempt from fees for entry and
use of parks and recreational facilities
established by Pat Harrison Waterway District.
other source, to construct a lake and related structures and 294
facilities in George County, Mississippi, if the funds received by 295
the district may be used for that purpose; (ii) obtain any 296
information and research regarding construction of the lake and 297
related structures and facilities from the Department of Wildlife, 298
Fisheries and Parks; and (iii) to receive and expend any funds 299
made available to the district from the Department of Wildlife, 300
Fisheries and Parks for the construction of the lake and related 301
structures and facilities. 302
(2) The board of directors shall annually prepare a 303
five-year plan containing a prioritized list detailing the 304
purposes, goals and projected costs of projects which it intends 305
to implement or is in the process of implementing and shall file 306
such plans with the clerk of the board of supervisors of each 307
member county, with the clerk of each member municipality, and 308
with the Chairmen of the House and Senate Appropriations 309
Committees on or before July 15 of each year. 310
(3) The board of directors shall, after completion of the 311
annual audit of the district and upon receipt of the written 312
report thereon, file a copy of such audit with the clerk of the 313
board of supervisors of each member county, and with the clerk of 314
each member municipality. 315
SECTION 3. This act shall take effect and be in force from 316
and after July 1, 2026. 317