Miss. Code Ann. § 53-3-75

The right to construct, operate and maintain any facility as described in Section 53-3-71 in, on, under or across land which is submerged or wherever the tide may ebb and flow shall be subject to the following: (a) The paramount right of the United States to control commerce and navigation; (b) The right of the public to make free use of the waters; and (c) The restrictions and prohibitions contained in Section 81 of the Mississippi Constitution of 1890 , as same may be amended.