Miss. Code Ann. § 51-3-29

The following are hereby declared to constitute unpermitted waters: (a) All water which has not been permitted prior to April 1, 1985; (b) All surface water for which a permit had been issued prior to April 1, 1985, but for which no notice of claim has been filed by the expiration of three (3) years from April 1, 1985; (c) All groundwater which was not subjected to use for a beneficial purpose on April 1, 1985; (d) All water which having been used flows or seeps back or otherwise returns to a natural watercourse or waterbody, whether on the surface or underground.