City of Jackson wants federal court to block new water authority

• “Jackson should not be asked to carry the greatest risk without having the authority to govern the assets it owns,” said Mayor John Horhn.

The City of Jackson is asking a federal court to block the recently established water authority as signed into law by Governor Tate Reeves (R).

The City contends that the Metro Jackson Water Authority Act violates the Supremacy Clause of the U.S. Constitution and oversteps the federal courts’ power to oversee the city’s water and sewer systems. In part, the motion reads that the Supremacy Clause “prohibits a state from exercising authority over a matter which the federal government has properly exercised its authority.”

City officials said the court should disregard the legislation and provide direction on what any future city ordinance or local legislation, adding that they are prepared to draft their own ordinances consistent with that guidance.

HB 1677 established the authority with nine board members appointed by state leaders as well as the mayors of Jackson, Bryam, and Ridgeland. Jackson would appoint the largest number of members, but not the majority.  The board makeup consists of three members appointed by the Mayor of Jackson, one appointed by the Mayor of Byram, one appointed by the Mayor of Ridgeland, one appointed by the Governor in consultation with the Mayor of Jackson, one appointed by the Lt. Governor, and two appointed by the Governor.

The City contends that the law attempts to take authority away from the federal court and that only the court can determine the next steps for Jackson’s water system. Municipal leaders also believe the majority of the water authority members should be appointed by Jackson officials, as it must maintain and operate the water and sewer systems.

With the current makeup of the board, State Senator Hillman Frazier (D) said the surrounding cities should help defray operations costs.

“[Byram and Ridgeland] should carry some of the accountability and debt,” he said in mid-April.

Shortly after the Monday afternoon filing, Jackson Mayor John Horhn (D) issued a statement similar to Frazier’s.  

“Jackson should not be asked to carry the greatest risk without having the authority to govern the assets it owns,” he said. “We own the asset, and we remain responsible for the debt if the system cannot sustain itself. The city should be able to control and manage its own assets, and any future structure must reflect that responsibility.”

Recently, some council members asked City Attorney Drew Martin if not naming appointees would stop the work of the authority. He said that as long as there is a majority it could move ahead with decision-making.

On Saturday, Mayor Horhn publicly named the city’s appointments to the board. They were Shirley Tucker, Austin Barbour, and Daniel Walker. Horhn also noted that he intends to recommend Maj. Gen. (retired) Leon Collins for the joint appointment Governor Reeves.

Ridgeland’s appointee is the city engineer, Paul Forster, and Byram’s appointee is Tramone Smith, an environmental engineer in private practice.

Governor Reeves and Lt. Governor Delbert Hosemann (R) have not announced their appointees as of this report. They have until May 1 to do so.

Judge Henry Wingate, who has been overseeing Jackson’s water crisis and working with the interim third-party administrator at JXN Water, has scheduled a status conference for Friday morning.