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:
The paramount right of the United States to control commerce and navigation;
The right of the public to make free use of the waters; and
The restrictions and prohibitions contained in Section 81 of the Mississippi Constitution of 1890, as same may be amended.