Jackson asks federal judge to block new water authority created by state law
By Alex Rozier | Originally published by Mississippi Today
The city of Jackson on Monday asked a federal judge to block a new water authority recently created by state lawmakers, arguing that the state attempted to “usurp” the federal court’s power by recently enacting the law.
“This federal Court — not the State Legislature — is in the best position to determine when and how the system transitions away from JXN Water,” city attorney Drew Martin wrote in a court filing, “and this federal Court — not the State Legislature — has the sole authority to do so.”
Ted Henifin is the third-party manager who, since 2022, has been running Jackson’s water and sewer systems through a private company called JXN Water.
Republican Gov. Tate Reeves signed House Bill 1677 on April 8, and it became law immediately. It created a new water authority, separate from city or state government, to run Jackson’s water and sewer systems once U.S. District Judge Henry Wingate releases those systems from the oversight of the third-party manager.
While Henifin has said he plans to leave sometime in 2027, Wingate himself has yet to provide any timeline for a transition of power. Under the federal order placing JXN Water in charge of the systems, Wingate must first approve a transition plan from Henifin, which he has yet to do.
The new water authority would be run by a nine-member board made up of people appointed by elected officials. Jackson Mayor John Horhn protested against the bill for not giving a majority of appointments to the city, which has the largest financial stake in the water and sewer infrastructure.
The appointees would be: three from the Jackson mayor, two from the governor, one from the lieutenant governor, one each from the mayors of Ridgeland and Byram, and one whom Reeves and Horhn would consult with each other to decide. Horhn would also sit on the board as a non-voting member.
While state officials signed the creation of the water authority into law, the new authority can’t take form until the city agrees to lease away its water and sewer assets, in addition to needing Wingate’s approval.
Over the weekend, the city announced board appointments: Shirley Tucker of the Mississippi Small Business Development Center, Austin Barbour of The Clearwater Group and Daniel Walker of Adonai Environmental Development and Power. The city also said it would recommend Augustus Collins, a retired major general who now runs MINACT Inc., for its joint selection with the governor’s office.
Yet in that Saturday announcement, the city emphasized it would “remain committed to ensuring that Jackson has a majority vote on the water governing authority” and would keep its options open.
Ridgeland and Byram also made their appointments, selecting city engineer Paul Forster and WGK engineer Tramone Smith, respectively. Reeves and Lt. Gov. Delbert Hosemann have until May 1 to name their appointees.
In the Monday court filing, the city also suggested it could create its own water authority without going through state officials.
“The City has represented to the Court that it has authority to draft and pass legislation through City ordinances which can create a municipal water authority and which can likely provide any and all provisions this Court finds appropriate for the Transition Plan,” the filing said. “To the extent that the City lacks authority to legislate certain issues, this Court can supplement those issues through its own orders. Such actions would be consistent with this Court’s jurisdiction and the requirements of the United States Constitution.”
The city asked Wingate to hold a conference to discuss its request as soon as possible. The judge did not immediately respond.
This article was originally published by Mississippi Today and is republished here under a Creative Commons license.
Source: Original Article
