Any landowner within the district may build ditches to drain his lands into the public ditches, and if any intervening landholders shall refuse permission to cross his lands with such ditch, the board of commissioners may, by proceedings according to the provisions of the chapter on eminent domain, condemn a right of way for such ditch. In such proceedings the jury shall deduct from the damages the benefits that will accrue to such intervening landowner by the construction of such ditch, and said intervening landowner shall have the right to use such ditch for the drainage of his own lands.
Miss. Code § 51-29-73