Bill Text: MS HB977 | 2015 | Regular Session | Introduced
Bill Title: Municipalities; authorize to regulate and prohibit placement and continued use of private water wells within municipal utility service area.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2015-02-03 - Died In Committee [HB977 Detail]
Download: Mississippi-2015-HB977-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Utilities; Municipalities
By: Representative Campbell
House Bill 977
AN ACT TO AMEND SECTION 21-27-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ANY MUNICIPALITY THAT HAS A MUNICIPALLY OWNED WATERWORKS, THE GOVERNING AUTHORITIES OF MUNICIPALITY OR THE MUNICIPAL PUBLIC UTILITY COMMISSION IS AUTHORIZED TO REGULATE AND PROHIBIT THE PLACEMENT AND CONTINUED USE OF PRIVATE WATER WELLS WITHIN THE BOUNDARIES OF THE MUNICIPAL UTILITY SERVICE AREA; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-27-7, Mississippi Code of 1972, is amended as follows:
21-27-7. (1) The
governing authorities of municipalities shall have the power to erect,
purchase, maintain and operate waterworks, and to regulate the same, to
prescribe the rates at which water shall be supplied to the inhabitants, and to
acquire by purchase, donation or condemnation, in the name of the municipality,
suitable grounds, within or without the corporate limits, upon which to erect
waterworks, and also the right-of-way to and from such works and the right-of-way
for laying water pipes within the corporate limits, and from such waterworks to
the municipality, and to extend such right-of-way from time to time. The
governing authorities shall have the power to contract with any person for the
maintenance and operation of waterworks. * * * The authorities shall have the
power to contract with any person for the erection and maintenance of
waterworks for a term not exceeding twenty-five (25) years, fixing water rates
in the contract subject to municipal regulations. A contract for the erection
or purchase of waterworks shall not, however, be entered into until submitted
to a vote of the qualified electors and approved by a majority of those
voting. A contract for maintenance under which the person who will perform
such maintenance is wholly or partially responsible for fixing water rates
shall not be entered into until submitted to a vote of the qualified electors
and approved by a majority of those voting. It shall be unlawful for any
municipally owned waterworks to supply water free of charge, or in any amount
less than the fixed charges, to any person, firm or corporation, except as is
expressly authorized by law.
(2) In any municipality that has a municipally owned waterworks, the governing authorities of municipality or the municipal public utility commission if one has been established under Section 21-27-13, is authorized to regulate and prohibit the placement and continued use of private water wells within the boundaries of the municipal utility service area.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
