Jackson mayor claims victory after water authority ruling. What he said

• A federal judge issued a split ruling on a new state law creating the Metro Jackson Water Authority.
• The judge blocked the new authority from taking substantive actions while Jackson’s water system is under federal oversight.
• Jackson Mayor John Horhn claimed the ruling as a victory, validating the city’s concerns about a state takeover.
• The judge did not strike down the law itself, leaving the question of future control of the water system unresolved.

Jackson Mayor John Horhn claimed victory in the city’s legal fight against Mississippi’s new Metro Jackson Water Authority, arguing a federal judge’s latest ruling validates Jackson’s concerns about state lawmakers trying to influence the future of the city’s water system.

During a press conference at City Hall Tuesday, June 2, Horhn pointed to U.S. District Judge Henry Wingate’s decision to block the authority from naming a president, entering lease agreements or taking other substantive actions while Jackson’s water and sewer systems remain under federal oversight.

“What we’re thankful of is that the judge seems to agree with us,” Horhn said. “House Bill 1677 appeared to try to subvert the authority of the federal court.”

The comments come one day after Wingate issued a split ruling on the controversial law. While the judge declined to block House Bill 1677 outright, he also barred the Metro Jackson Water Authority from taking operational action beyond seating board members while the federal court continues overseeing Jackson’s water and sewer systems.

But Wingate’s ruling did not strike down House Bill 1677. It was more of a split ruling.

The judge agreed with arguments made by the state, Mississippi Department of Environmental Quality and JXN Water that the law itself does not automatically transfer control of Jackson’s water and sewer systems because any future takeover remains subject to federal court approval.

That leaves open a question: If the law remains on the books, could the Metro Jackson Water Authority simply remain in place until federal oversight ends and then assume control of the systems?

Testing Jackson’s water: Clarion Ledger independently tests Jackson water. What we learned

Horhn was asked that question directly Tuesday.

In response, Horhn focused on portions of the ruling that prevent the authority from naming a president who would serve as a deputy to JXN Water leader and Interim Third-Party Manager Ted Henifin. Horhn also pointed to Wingate blocking movement on any lease agreements until the court decides how the eventual transition away from federal oversight should occur.

“Two major points of the judge’s ruling are that he enjoined the state and the authority if it does start taking action from being able to name a president who would become the second in command of JXN Water,” Horhn said. “The other thing is that he enjoined any action on a lease being entered into until such time as he has had a chance to deliberate and decide what the future path ought to be.”

Horhn’s answer suggested he believes the ruling leaves room for other options besides simply allowing House Bill 1677 to take effect once federal oversight ends.

“What the judge has said to us for a number of months is that he wants to see a transition plan,” Horhn said.

The mayor said city officials have already begun discussions with JXN Water about what that transition plan could look like.

“We have begun discussions with JXN Water to have meaningful conversations with them about putting such a transition plan forward,” Horhn said. “At this point, the actions of the city are focused on working with Jackson Water to try to come up with a transition plan that might be approved by the judge.”

Under existing court orders, JXN Water is expected to develop a formal transition plan that must ultimately be approved by Wingate.

When asked whether the city could pursue its own water authority rather than the state-created Metro Jackson Water Authority, Horhn pointed to existing Mississippi law allowing municipalities to create utility districts.

“For a number of years, there has been state statutory authority for municipalities to establish municipal utility districts,” Horhn said. “We have made that presentation before the judge, and as I understand it, he’s taking it under advisory.”

Horhn did not elaborate on whether the city is actively pursuing that option, but the comments suggest Jackson may continue advocating for alternatives to House Bill 1677 as discussions about a post-receivership transition continue.

Additionally, Horhn reiterated his long-standing position that Jackson should maintain majority control over any future governing body overseeing the city’s water and wastewater systems.

“We don’t mind participation and involvement by the state of Mississippi,” Horhn said. “But any future governance of the City of Jackson’s water and wastewater system must have the City of Jackson having the majority of control.”

Horhn said Jackson’s position has never been that the state should be excluded entirely.

“What I have said is that we don’t mind participation and involvement by the state of Mississippi,” Horhn said. “But any future governance of the City of Jackson’s water and wastewater system must have the City of Jackson having the majority of control on any future boards or authorities that would be created.”

Jackson’s international airport: A decade after it began, Jackson’s airport battle gets another delay

Horhn said Jackson opposed House Bill 1677 because it would have allowed state and suburban appointees to outnumber city representatives on the authority’s governing board.

“We don’t mind if you want to have some involvement, but not control,” Horhn said.

The mayor also argued the legislation ignored concerns repeatedly raised by Jackson officials during the legislative process.

“House Bill 1677 was a classic example of the state not listening to the local interests of the City of Jackson,” Horhn said.

Overall, Wingate’s 22-page order on Monday, June 1, was something of a split decision. Jackson persuaded Wingate to freeze many of the authority’s powers, but the state successfully defended the law itself from being blocked outright. The larger question of who will ultimately control Jackson’s water system remains unresolved. For now, Wingate remains in the driver’s seat.

“The parties should all accept that this state statute cannot force this court’s hand, nor dictate the calendar of this litigation,” Wingate wrote.

Charlie Drape, the Jackson beat reporter, has covered the Jackson water crisis from its collapse in 2022 through the system’s ongoing recovery, including independent testing and other accountability reporting. You can contact him at cdrape@gannett.com.