Jackson MS water system takeover by state supported by water administrator Ted Henifin

Charlie Drape and Grant McLaughlin, Mississippi Clarion Ledger
·3 min read

Ted Henifin, Jackson's third-party water administrator, said he's in favor of a potential bill that would give the state the power to take over Jackson's water system, instead of returning it back to the city.

Henifin is planning to meet with state legislators next week to discuss Senate Bill 2628, which would create a water authority consisting of a nine-member board and a president appointed by the governor and the lieutenant governor. It would also require approval from the U.S. Department of Justice.

“After reviewing SB 2628, I believe this is a great foundation. It appears that many of the comments I provided during the last session regarding the bill introduced in 2023 were taken to heart and this bill now includes many of the suggestions I made at that time,” Henifin said in a press release. “The bill identifies a need for appropriations, but I recommend defining a specific dollar figure to fund start-up costs for the authority be included in the FY 2025 state budget.”

Jackson Mayor Chokwe Antar Lumumba and Ward 6 Councilman and Council President Aaron Banks were not immediately available for comment.

U.S. District Judge Henry Wingate, who oversees JXN Water as part of the federal takeover of the city's water system, was also not immediately available for comment.

Henifin said he supports multiple elements of the bill, including:

Ted Henifin supports a bill that would turn over the Jackson water system to a new state authority rather than returning control to the City of Jackson.
Ted Henifin supports a bill that would turn over the Jackson water system to a new state authority rather than returning control to the City of Jackson.

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  • All Federal funds received to date to be spent according to the direction of the ITPM and the court

  • The authority assumes ownership and operations and maintenance upon the date of termination of the Order or earlier as ordered by the court

  • The authority can issue bonds

  • The authority develops own procedures for procurements less than $1 million

  • The authority would consult with the court in appointing a president (paid for by state) and to serve as ITPM’s deputy in the transition

  • Authorizes the Mississippi SRF program to loan funds at zero percent with a 40-year term to make such purchase

  • Board serves without salary

  • Employees of the authority serve at will and pleasure of president who sets compensation and benefits

  • A nine-member board from very specific constituencies – five appointed by Governor and four by Lt. Governor

  • Set rates subject to PSC review – PSC shall defer to the authority’s determination of what rates are just and reasonable absent a showing of manifest error

  • State provides surety for short-term borrowing through 2029

  • The bill authorizes the authority to purchase the water and sewer assets at fair market value

Senate Bill 2628, sponsored by Sen. David Parker, R-Olive Branch, would seek to establish a public utility authority with the nine-person board, as well as a president to shadow Henifin until the federal government may agree to turn back the system over to the city or state.

The bill was passed through the Senate during the 2023 legislative session but failed in the House after lawmakers tried to amend provisions of the bill to appease local opposition from Jackson delegates and city officials.

Sen. David Blount, D-Jackson, is already a fierce opponent of the bill, and he told lawmakers Thursday about the upcoming meeting where Henifin intends to give updates on the city’s water system. The meeting is on Monday, Feb. 26, at 2 p.m. at the State Capitol.

In 2022, the O.B. Curtis Water Treatment Plant, which treats water for much of Jackson and surrounding cities for drinking, bathing and cooking, completely failed after the Pearl River flooded due to heavy rainfall. The ensuing crisis caused repeated outages for the city’s 150,000 residents who went weeks without water.

The United States Department of Justice, as a result, stepped in and appointed Henifin to oversee the system. He subsequently created the management organization JXN Water.

Currently, no concrete timeline exists on when the federal government will relinquish control of the city’s water utility. In July 2023, the DOJ also gave Henifin management of the city’s sewer maintenance.

This article originally appeared on Mississippi Clarion Ledger: Jackson MS Water: Ted Henifin supports State of Mississippi takeover