A state takeover of Jackson’s water system will be temporarily limited after U.S. District Court Judge Henry Wingate partially granted the Mississippi capital city’s request for an injunction against the state-created Metro Jackson Water Authority Act. Wingate said his decision maintains the court’s jurisdiction to “ensure the uninterrupted management of the water and sewer systems.”
“This is a victory for our city and for the residents who depend on a lawful, orderly process for decisions about the future of our water system,” Jackson Mayor John Horhn said at a June 2 press conference.
Wingate ruled that, although the Metro Jackson Water Authority Act specifies its authority should not come into effect until the federal court’s involvement in the case ends, it still raises enough concern to warrant a limited injunction.
“This court … imposes an explicit interim restriction to guarantee that no measures are prematurely enacted under the statute: the Authority is strictly prohibited from executing operational mandates, finalizing leases, or exercising managerial influence over the systems until this court formally approves a transition remedy,” Wingate said in his June 1 ruling.
Wingate’s court has been in control of Jackson’s water systems for almost four years in response to the Jackson water crisis. JXN Water, headed by Interim Third-Party Manager Ted Henefin, has maintained day-to-day control of the water system during the takeover. Gov. Tate Reeves signed the Metro Jackson Water Authority Act into law this past April, which established an authority that JXN Water will eventually pass responsibility to for the city’s water system. After the City of Jackson filed suit to prevent the law from taking effect, Wingate paused the law so he could review its legality. The only power allowed to the authority at this time is the appointment of board members.
Wingate’s Monday ruling placed temporary restrictions on the Metro Jackson Water Authority’s appointment of a board president and on its ability to sign a lease in relation to the Jackson water system, Horhn said. The partial injunction against the Metro Jackson Water Authority Act came from two concerns brought up in Jackson’s injunction request.
Section 7(1) of the act requires that the not-yet-appointed president of the Metro Jackson Water Authority “serve as deputy to the ITPM (interim third-party manager) until the court enters final judgment.” Wingate ruled that this provision was a violation of the federal court’s jurisdiction, finding that when a federal court takes over an entity through receivership, the court retains all power to determine that entity’s management and disposition.
“This court will not permit any state-created entity to infringe upon the ITPM’s executive discretion or disrupt daily operations while the systems remain under federal judicial stewardship,” Wingate said in his ruling.
Wingate also addressed concerns about a potential lease between the City of Jackson and potential operators of the Jackson water system, as discussed in the Metro Jackson Water Authority Act.
“Any lease negotiated between the City and the newly formed Authority remains completely subject to this court’s independent review and approval…,” Wingate said. “The court has the absolute power to supervise, modify, or block any proposed lease terms to ensure federal compliance and protect the (subject) of the receivership.”
Wingate believes this partial injunction will prevent administrative issues in the process of attempting to rehabilitate Jackson’s water system.
While he does not have the authority to modify the Metro Jackson Water Authority Act, he can delay its implementation.
“…The potential insertion of a state-appointed official into the operational hierarchy of the ITPM risks creating an administrative dichotomy that could fracture the unified command necessary to rehabilitate Jackson’s infrastructure,” Wingate said in his June 1 decision. “The court utilizes its authority under the All Writs Act to slice away this potential friction, holding the Authority to purely internal, administrative steps while this litigation progresses.”
The All Writs Act allows courts to issue orders necessary to enforce their decisions, Wingate said in his decision.
Wingate did not issue a full injunction as he said that the Metro Jackson Water Authority Act is not intended to go into effect until the court’s authority on the issue ends.
“The state law, in this court’s eye, simply stands as an unexecuted contingency—a structure waiting in the wings,” Wingate said.
Although the City of Jackson opposes the Metro Jackson Water Authority Act, it’s still fulfilling its obligations under the law by appointing board members.
Horhn announced his proposed appointments to the Metro Jackson Water Authority Board on April 25, including Mississippi Small Business Development Center Business Counselor Shirley R. Tucker; Clearwater Group Managing Partner Austin Barbour, the nephew of former Gov. Haley Barbour; and Adonai Environmental Development and Power President and CEO Daniel L. Walker.
Tucker and Barbour are both Jackson residents, the mayor’s office said in an April 26 press release.
The two other municipalities to be represented on the would-be Metro Jackson Water Authority Board are Ridgeland, which receives only sewer services from the Jackson water system, and Byram.
Byram leadership appointed Jackson State University alumnus Tramone Smith, a wastewater treatment engineer and Byram resident, as its representative on the authority board.
Ridgeland appointed Jackson resident Paul Forster as its Metro Jackson Water Authority Act Board member at its April 21 city council meeting. Forster is Ridgeland’s city engineer, and he previously served as director of engineering and utilities for the City of Flowood, a Ridgeland press release said.
Mississippi Gov. Tate Reeves and Lt. Gov. Delbert Hosemann will also appoint two members each to the Metro Jackson Water Authority Board. Hosemann announced one of his appointments on April 27, naming Jackson resident and businessman Sandy Carter.
Gov. Tate Reeves delayed his appointments to the board following Wingate’s April 30 injunction.
“Out of respect for and due to the Court’s entry of a ‘status quo’ injunction, I will not be making my three appointments to the Authority Board at this time,” Reeves said. “The State will continue to work with the Court to ensure that when the receivership is terminated, control of the water system will be transferred to an entity that can best serve the residents, state offices and businesses of Jackson.”
Federal proceedings regarding the Jackson water system remain ongoing.
“At this time, the city will await further instructions from the court before taking any additional action,” Horhn said. “I remain committed to working within the legal process to protect the interests of Jackson residents and to secure a stable future for our water system.”
Follow the Mississippi Free Press’ coverage of Jackson Water and read past stories here.
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