51-3-35 - Approval of application. - Mississippi Statutes

§ 51-3-35. Approval of application.
 

(1)  Upon approval of the application the board shall notify the applicant to that effect and issue a permit authorizing him to take all steps required to apply the water to the approved and proposed beneficial use. An application may be approved for a less amount of water than that requested if, in the opinion of the board, the approval of the full amount requested would interfere with a vested right or is against public interest. An applicant shall be entitled to proceed with construction and with the use of water in accordance with the approval and such limitations as may be prescribed by the board. No application shall be approved until the substance thereof shall have been published by the applicant in a newspaper having general circulation in the county wherein the point of diversion or withdrawal exists, at least ten (10) days before approval of such application, and a public hearing accorded any person whose rights may be adversely affected by such approval. At such hearing all persons concerned will be accorded the right of counsel and the right to introduce evidence in their behalf. 

(2)  If the application is refused the board shall so notify the applicant, and it shall be unlawful for such applicant to take any steps toward the use of any such water, so long as the refusal shall continue in force. Any person who proceeds to use water, without approval of the board being first obtained, may be enjoined in any court of competent jurisdiction. 
 

Sources: Codes, 1942, § 5956-18; Laws,  1956, ch. 167, § 18; Laws, 1985, ch. 459, § 19, eff from and after passage (approved April 1, 1985).