Ex parte Drainage Commissioners
Ex parte Drainage Commissioners
Opinion of the Court
delivered the opinion of the court.
The question submitted to us for decision is: Has the board of drainage commissioners of Leflore county power to contribute to the expense being incurred by the Rucker drainage district in cleaning out, straightening, and deepening Turkey bayou, a natural watercourse, which constitutes the outlet for the waters of the two drainage districts? Since the statutes under which these ■drainage districts were organized ‘ ‘ confer no power upon the commissioners to deal with natural watercourses, but are designed solely for the purpose of creating artificial channels for the drainage of wet, swamp, and overflow lands” (Haley v. Drainage Commissioners, 55 South. 353), it follows, necessarily, that'the question must be answered in the negative.
The judgment of the lower court is therefore reversed, ■and the petition dismissed. , Reversed.
Reference
- Full Case Name
- Ex parte Drainage Commissioners of Leflore County
- Cited By
- 1 case
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- Syllabus
- Drainage. National watercourses. Contribution. Where the statute under which two drainage districts were organized “Confer no power upon the commissioners to deal with natural watercourses, hut are designed solely for the purpose of creating artificial channels for the drainage of wet, swamp and overflow lands,” the drainage commissioners of one district have no power to contribute to the expense incurred by another district in cleaning, straightening and deepening a natural watercourse _ which constitutes the outlet for the waters of the two drainage districts.