PACE: -3A.TTACH:41.1.•NT NO. 4
1.1r. B. H. rowlkes Tupeld,•Mississippi
As heretofore stated, laws authorizing the creation of drainage districts are very similar to the act authorizing the creation of the Tombigbee River Valley Water Management District, except that the landowners desiring to form a drainage district petitioned the chancery court to authorize the creation of the district, and the Supreme Court of Mississippi has held in several cases that once a drainage district • has been created in accordance with law, that the chancery court approving the creation of said district cannot later release a landowner's lands from the district as originally created.
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June 3, 1968
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In the case at hand,•Alcorn County is certainly a part of the district created pursuant to the act authorizing the same, and as such • .is obligated for its pro rata share of expense and obligations created by the District in accordance with the scheme of financing provided in . 1 . the act. The act authorizing the creation of the Tombigbee River Valley Water Management District makes no provision for a county, having become a part of the District in accordance with the act, to withdraw from same, • Therefore, the only question presented is whether or not'the Legislature may remove Alcorn County from the District and relieve said County from any further obligations created by said . District,.in the manner set forth in said SenateBill'No. 2112 now pending in the legislature. • •
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Therefore, in the light of such limited authority as have been able to find, the most .that can say,with reference tlb the .pending act, Senate Bill No. 2112, is that its constitutionality appears to be doubtful; however, such doubt can oaiy-be resolved first, by the Legislature in the consideration of said act, and finally, by the courts in the event said act is passed and the 'constitutionality of, same is, attacked therein."'
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. Patt'erson orney General
EXHIBIT 7 - 3