Jackson State University claims the Health Department exceeded its authority when it stopped a $7 million water tank storage project for its main campus in a brief filed in U.S. District Court yesterday.
U.S. District Judge Henry Wingate held a hearing last Thursday after JSU filed a grievance on its water storage tank project. After hearing three hours of arguments, he gave JSU five days to file a brief stating its position. Earlier post with full coverage of hearing.JSU suffered eight water outages since January 2024. The university wants to build four storage tanks that can provide water up to 72 hours in the event of a water break. The legislature appropriated $8 million in ARPA funds to JSU and assigned handling of the funds to the Department of Finance and Administration (DFA). The funds must be spent by 2027.
DFA hired the Pickering Firm for the project. Pickering considered a back-up public water system similar to the system at Millsaps College but instead recommended building storage tanks. IHL approved the project in August 2023.
IHL approved the design in March 2024. An RFP was issued for the construction. JSU blamed JXN Water Receiver Ted Henifin and the Health Department for halting the project after the tanks were delivered. The tanks costs $7 million and are stored at the Mississippi State Hospital. They can not be returned. The brief states the project was humming along until May 2025:
On August 14, 2024, a Pre-Construction Meeting was held with DFA and their project professionals. On September 11, 2024, monthly Owner Architect and Contractor (OAC) meetings were commenced with DFA, these monthly meetings focused primarily on finalizing sites, installation priorities, pump station aesthetics, and ordering materials. At no time during the course of multiple meetings regarding this project, in which licensed professional engineers and other professionals who were, or should have been, familiar with the rules, regulations and law pertaining to such a project, was the issue of approval from JXN Water or the MSDH ever raised. However, on May 6, 2025, DFA and its representatives received a Cease and Desist Letter from the Mississippi Department of Health ("MSDH") regarding the DFA's ARPA Infrastructure Water Storage Project for Jackson State University asserting that the project had proceeded without review and approval of the Bureau of Public Water Supply.
JSU argues the Health Department has no jurisdiction over the project since it is not a public water system. A public water system is defined as a system that has at least fifteen connections or serves at least 25 people for at least 60 days a year. The project does not meet such criteria, claims JSU as the system will have less than fifteen connections and operate less than 60 days per year.
JSU said the only source of the water used in the tanks will be JXN Water, thus making them an "extension of the municipal system."
JXN Water accused JXN Water of stopping delivery of its tanks and refusing to approve the project in the grievance letter.
Mr. Henifin took the stand Thursday and said JSU had not contacted him about the project although JSU claimed it had tried to contact him repeatedly. He told Judge Wingate he had not received any written communications from the university. He said the system would be a public water system and thus could not be connected to JXN Water. He said water in the tanks became contaminated and would be released into the JXN Water system since it would be using the same pipes. He made it clear he opposed the project.
Bill Moody, Director of the Bureau of Water Supply, said he considered the project to be a public water system. He issued the cease and desist letter upon discovery of the project. He said Pickering, DFA, or JSU sent him the plans for review and he did not receive them until two weeks after he sent the letter.
The Director testified the Health Department's health engineers consider the project to be a public water system since it would be used in showers, sinks, and the dining facility. Thus, it would be a public water system since there is potential for human consumption. Back to the brief.
JSU says JXN Water's concerns are misplaced:
Appropriate safeguards and maintenance protocols can address JXN Water's concerns without reclassifying the system as a public water system. Interpreting the SDWA to cover all private, emergency water systems based on potential operational risks would represent an impermissible expansion of the EPA's and this Court's authority. However, for clarification purposes, the water stored in the backup tanks would not be stagnant, but would continue to circulate within the tanks. Said water would originate from JXN Water which would already be treated, and no water from any other source would enter the system.
Attorney Monica Davis-Allen represents JSU. Judge Wingate gave JXN Water and the Health Department five days to respond to the JSU brief.
Note: Posted below is the brief, May 16, 2025 Pickering letter to the Health Department, and the May 6 Cease and Desist order.
51 comments:
Since 2010, JSU has had 11 different presidents. That ought to speak volumes about that place.
Tell JSU to catch rainwater..
Doesn't state law say that an outside
source cannot connect to a public
water system. That's what JSU would
be.
They can't know if they will use it for less than 60 days.
It looks no
So the water war devolves into a race war-like everything in MS
Is JSU saying Jxn Water and Msdh have no say in this project.
It's seems like in their meetings they
weren't concerned about Jxn Water or
Msdh.
So the students aren't part of public.
@11:39 No it speaks volumes about the IHL board which selects, hires, and directs the "presidents".
Here, I think, is the nut of it:
"DFA hired the Pickering Firm for the project. Pickering considered a back-up public water system similar to the system at Millsaps College but instead recommended building storage tanks. IHL approved the project in August 2023.
IHL approved the design in March 2024."
It looks like this was another Siemens in the the making. I would love to see Judge Wingate name the names at the three entities above who are responsible for this boondoggle, and bring them in to testify at an evidentiary hearing.
JSU appears to be the actual victim here. But rather than forge ahead with a bad plan, please stop and get it right.
There is an excellent chance that money is being passed under the table.
Is this the result of incompetent political appointees to that college football Star Chamber known as the IHL?
12:39 It's all JSU's fault. JSU can never be the victim. How dare they want clean water. What will they want next? To be funded like a real university and to have a competent president? What brass. They should pound sand.
Mr. Palm, meet Mr. Grease.
"DFA hired the Pickering Firm for the project. Pickering considered a back-up public water system similar to the system at Millsaps College but instead recommended building storage tanks. IHL approved the project in August 2023."
I wouldn't expect that the Dept. of Finance and Admin. (DFA) or the Institute for Higher Learning (IHL) would know the regulations associated with connecting to public water systems. Pickering, however, is a professional engineering firm with experience in public works projects. One might think that Pickering should have known to obtain MSDH approval before they moved forward with this plan. Just sayin.
12:50, I said victim, not martyr.
The name and number of large "entities" that don't pay their utility bills, if publicly revealed, would be shocking to most.
At the end of the day -- fault lies with with IHL as the governing body. Their legal team -- along with the JSU legal team -- should have worked out all the details before the first tank was purchased. In fact, what has IHL done that's been positive other than receive free football tickets? They can't hire a good president -- and now this. I imagine most of the university missteps can be traced back to this group of do-nothings.
Why don’t they name the head of the water system
President of the college. Nobody else seems to be able to handle it.
Three questions:
1. Could JSU move forward with this "plan" without IHL board oversight and approval?
2. What does JSU have to do when a professional contractor hired by DFA to work on their campus screws up?
3. Who gives a damn about JSU? (Certainly not these people)
I don't blame JSU, IHL, or DFA in this instance. They hired Pickering to do a job. If I was Pickering, I would have at least run this through Bill Moody and said "Bill, I don't think this project needs to be approved by you and MSDH. Will you take a quick glance and concur?". I think Pickering screwed up.
Ted doesn't want anyone building backup supplies. He is trying to rebuild the trust of the customers to depend on the Jackson water system.
Bill Moody is a good guy doing a job. He wants to help people, and this includes JSU. But his primary goal is to protect the health of the citizens of Mississippi from contaminated water. But I'm betting someone higher up will eventually tell him to stand down on this issue, even though Bill is correct. A compromise will be found.
@1:12 Ok big guy. Back up your post by sharing those entities, if you actually know.
They are doing project as if they don't
have to ask anyone ok. But they turn
around in court and say Ted won't give
his approval.
Finger pointing aside, the water system is clearly at crisis status or it wouldn’t be in receivership. That gives a federal judge extraordinary powers and in this case I’d probably side with JSU if I were the judge. All the water in the tanks would be purchased from JXNWater so what’s the beef?
I believe Msdh knows the law and the
rules are they would not have testified
to it. I guess JSU believes they can do
whatever.
Anybody going to comment on the fact they’re spending $7 million for three days of water storage that is $2.33 million per day of water storage. Hello this is crazy as hell-well with treatment would be a fraction of that.
2:27, you know they are not one time use tanks right?
I assume this would require more than just tanks, pumps would be required?
Water regulations are a complex and tangled web, shouldn't a professional engineering firm be responsible ensuring regulations are met? Not sure DFA, JSU or IHL should be responsible for knowing the minutia of what is required.
If the water is purchased from JXN Water JSU would still be buying water from JXN Water. Maybe the concern is the next step would be JSU requesting to build wells and treatment facilities.
I don't understand the cross-contamination argument, just install back flow preventers on the tanks, same as any water connection requires.
Hmmmmm... Water Czar Henefin didn't object when the major hospitals in Jackson built their own towers for the same reason JSU now wants a backup supply. Namely, so their students don't have to forego potable water the inevitable next time the system breaks down or smells like sewage.
You're full of crap. He explained in court they created their own public water systems. They have their own wells, their own source of water, they are responsible for their water. Only water UMC gets from Jackson is the fire dept. That's it. He explained Millsaps has a backup system too but if used, it has to flush the system before it uses JXN Water again.
So, will the JXN Water response break it down and note that the only reason the judge has jurisdiction at all is the big federal money pot in the sky that funds all of the "forgivable loans" to water systems also imposes standards through the EPA? If that doesn't clear everything up, have the response dare the JSU lead lobbyist while it is still hot to drink water from a garden hose that has been sitting out in the sun for a few days.
I apologize for my misstatements based on an incomplete understanding of the problem, and your setting me straight. Those of us who work for a living don't have the luxury of attending most court hearings. I'll try to do better.
Thanks KF for setting record straight.
11:54 is correct because if contamination happens; more than JSU would have health concerns. Please understand The Clean Water Act was made for great reasons. Lumumba could have worked on this his 8 years in office. Don’t blame Ted or MSDH for abiding by laws of environmental under US regulation.
"Ted doesn't want anyone building backup supplies."
At this point, I don't think Ted gives a rat's ass what anyone builds.
I'm surprised the man is still in Jackson.
4:18 Ted is making sure Jackson's water stays safe.
JSU's argument only works if the entire university is behind some sort of Master Meter and doesn't connect to the JXN system as part of a loop. In other words water only flows to the university and the JSU system is completely separated from the JXN system. Otherwise, the tanks would affect the entire system. The easiest way to figure this out is by simply identifying who is responsible for the current water mains on campus, JSU or JXN?
JSU is saying it will not serve 25 people. I guess they saying they have
less than 25 on campus. Not true.
KF is JSU believing they don't have to get anyone approval? But then they say
Ted wouldn't approve plans.
7:01 If they keep bringing in portable toilets, dirty water, and no housing for their students it will be true.
Build the ground tanks. Fill from JXN through master meters. Put in booster pumps and run water lines to all buildings you want served. Disconnect JXN lines from said buildings. Shouldn’t be a cross connection problem then.
Pickering letter makes it sound like ground tanks won’t be used unless JXN water has an issue. They can circulate that water all they want and it will still become stagnant with no chlorine residual.
No ( 1:19, or whoever) this is not IHL's failure.
and no, -- to the few - this is not DFA's failure.
DFA was told to adminster the funds appropriated by the legislature. There was an engineer hired (probably selected by JSU, as is the normal course) who DFA depended on to properly design, obtain all appropriate approvals, and oversee the construction.
IHL only approves the concept of the project -- the concept, not the details. IHL looked at the Legislative approvals (following our Lt Gov's announced 'call for projects, tell me what you want/need and we will get you money for it' bullcrap) and said JSU had money for a 'water' project and said they could conceive with it. The legislature had said "yes" so the IHL had no reason to question the project or process.
IHL did their job.
DFA did their job.
JSU hired an engineer, who evidently didnnn't do their job.
Health Dept did their job.
What doesn't fit here? Not IHL, Not DFA, Not Dept Health. , and in fact, not JSU. JSU depended on their enagineer (who was probably paid over two million dollars as a consulting fee) to get the job done. Hell, the process was probably first initiated by the engineer as a project they could get "some of that federal money for" and bought into by the folks in charge of JSU.
Lets watch the coming days - JxnWater is going to say this isnt our fault, we are willing to follow state statute. On the other hand JSU is going to say they wanted good service and depended on the engineer they hired (at almost a million dollars) to give them good advice; DFA's role was to administer the money, and tell the Engineer to do its job.
Health Department - only doing what state statute charges them with doing, making sure that these "highly paid" engineers do their job and actually spend a little time researching the law and trying to get their projects in compliance with state and federal law.
8:59 PM. A lot of rambling! Should read first! DFA hired Pickering not JSU. If the tanks are in fact sitting at the State Hospital then it’s obvious the State is handling the project for the benefit of JSU. That’s evident in the filing KF posted above. But you can still blame Pickering but not JSU. They may have an engineering department but that doesn’t mean they would know what they are looking at.
8:59, The post clearly says:
"IHL approved the project in August 2023. IHL approved the design in March 2024."
I would think that approving the project, and then approving the design eight months later, implies some level of oversight to ensure compliance with state and federal laws.
What happens if the money is not spent by the deadline?
At 8:59, blaming a university engineer for not following state water policy doesn't make sense. Its a legal matter. Maybe multiple parties at fault, but a clear lack of communication. At the end of the day IHL is ultimately responsible.
Seriously doubt JSU can produce a list of actual student names who left the institution specifically and solely because of the water situation.
@8:59 Who are "the folks in charge at JSU""? The IHL board is the board of directors of JSU. No building project at JSU gets off the ground without their oversight and approval period. JSU should probably have it's own independent system but that's a board decision and they clearly don't give a rat's ass.
JSU talked in their brief nothing came up in meetings about getting Jxn Water
or Msdh approval. But they also say that Ted will not give his ok. They're
talking too different things.
JSU says they would be an extension of Jxn Water. I never heard of that. But
wouldn't Jxn Water have to give the ok
to hook up to their system.
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