“We continue to weigh our options going forward,’ mayor says

• A new law creates a nine-member regional board that could take over Jackson’s water and sewer systems.
• The authority cannot take control of the system without a lease agreement from the city of Jackson.
• Jackson city leaders have raised concerns about governance, timing, and funding for the new authority.
• Any transition away from the current federally-overseen system must be approved by a U.S. District Judge.

Jackson city leaders got their clearest look yet at how a new regional water authority would work and what it could mean for the city’s control of its water and sewer systems.

During a Wednesday, April 222 Public Works Committee meeting, members of the Jackson City Council received a detailed legal breakdown of the Metro Jackson Water Authority Act, raising new concerns about governance, timing and what happens if the city does nothing.

The law, signed April 1 by Republican Gov. Tate Reeves, creates a nine-member regional board that could eventually take over Jackson’s water and wastewater systems. But as City Attorney Drew Martin explained, the authority does not legally exist until at least five members are appointed, which is a threshold that could be reached without Jackson naming any of its own representatives.

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That possibility drew concern from council members, who noted the board could begin operating — and even hire a president to lead the system — before the city fully decides its approach, though it the odds of that happening quickly and by the May 1 deadline are unlikely.

Under the law, Jackson would appoint three members. The remaining six seats are filled by state leaders and surrounding municipalities, including appointments from the governor (two), lieutenant governor and the mayors of Byram and Ridgeland. One additional seat is appointed by the governor with input from Jackson’s mayor. Those appointments are due May 1.

Still, the city retains a critical point of leverage: the authority cannot take control of the system without a lease agreement from Jackson. The law requires the authority to negotiate a lease with the city to transfer control of the water and wastewater systems, but the terms are left up to both sides and the city is not required to agree.

“If the city does not enter into a lease … the authority can’t come onto our property and use our infrastructure,” Martin said.

But even if the board is formed, any transition away from the current system — operated by JXN Water under federal oversight — must ultimately be approved by U.S. District Judge Henry Wingate. Ward 5 Councilman Vernon Hartley, who chairs the Public Works Committee, said the city needs to better understand where Wingate stands and how he is thinking about a potential transition.

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Additionally, the authority is charged to hire a president to lead the new entity, according to the law. But that person would not immediately take over operations. Instead, the president would serve as a deputy to JXN Water’s court-appointed manager, Ted Henifin, and work alongside the utility during a transition period until federal oversight ends.

Council members noted that hiring a president would take time and that the authority would still need to determine how to fund the position.

They also pointed to major unanswered questions, including how the authority would be funded, how debt would be handled and whether the system is ready for a transition at all. Jackson’s Chief Administrative Officer Pieter Teeuwissen also stressed that any transition would take time.

“There are a number of unknowns in this bill — both known and unknown,” Teeuwissen said “This isn’t something where a new entity is going to take over in a month or two. At best, you’re looking at a year-plus transition, and that’s assuming there’s no litigation or other challenges.”

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The discussion comes a day after Mayor John Horhn said it remains “up for discussion” whether the city will appoint members to the board before the May 1 deadline. When asked again after the meeting about his plans and what message he had for concerned residents, Horhn did not offer additional clarity.

“We continue to weigh our options going forward,” Horhn said to both questions.