JSU and JXN Water squared off in federal court yesterday. JSU wants to install three water tanks and create a back-up water system on the JSU campus. Unfortunately for JSU, JXN Water will not approve the plan since it could potentially contaminate the JXN Water system. Through it all, the wisened U.S. District Judge Henry Wingate sat in judgment.
Judge Wingate opened the hearing by stating Jackson State University sent him a letter* stating "urgent assistance is needed regarding the Jackson State University water project." JSU's Government Liaison, Jackie Woods, took the stand to explain JSU's dilemma.The legislature appropriated $8 million of ARPA funds to JSU for a water tank project. Ms. Anderson said the university wants to install three above-ground water storage tanks and fill them with non-potable water. JSU has suffered no less than eight water outages since January 2024.
Ms. Anderson said State Senators Sollie Norwood and David Blunt told her on September 3 that JSU might lose the $8 million.
"I discovered JXN Water has blocked delivery of our water tanks, delaying our water project by refusing to sign the necessary documents," said Ms. Woods. She said JXN Water receiver Ted Henifin contacted the Health Department, asserting the project qualified as a public water system. The rest of the hearing would revolve around whether the project could be classified as a PWS.
The Health Department notified JSU's contractor, the Pickering Firm, the project violated the Safe Water Drinking Act even though the water was going to be used only for non-consumptive purposes such as flushing and showering. The water would also be used in the dining facility. DFA spent $7 million on the tanks. They are currently stored at the Mississippi State Hospital and can not be returned.
Ms. Anderson said the goal is not to create a new water system but assure access to back-up water supply to prevent students from suffering during water shortages. The tanks can provide water up to 72 hours. JSU has 6,300 students and more than 500 faculty and staff.
Executive Director of Campus Operations, Vance Siggers (PhD) testified for the project. He said the system must maintain a minimum PSI to help keep seven HVAC plants chilled. When the campus loses water, JSU has to shut down and drain all mechanical plants and boilers so the bearings will not burn said Mr. Siggers. "Our goal is not consumption, but operations." JSU has a contract with Brown Bottling Group to supply bottled water as needed.
"We made several attempts to make JXN Water aware but received no communications back," continued the Director. JSU estimated it lost 50-100 students because of water outages. The January 2024 ice storm outage cost over $150,000 as JSU went without water for three days. Mr. Siggers said a lack of water crippled the fire suppression system as well.
"Jackson State's tanks would add no value to the system. It would have to create a separate PWS as the hospitals and Millsaps did. JSU would have to won the piping network connected to the tanks to be properly isolated from the JXN Water system," said Mr. Henifin.
The Water Manager took great pains to point out the tanks would be using JXN Water pipes. Thus JSU's water could get into the JXN Water system and potentially cause health problems. The EPA and Health Department prohibit connecting public water systems to outside sources of water.
The Health Department issued a Cease & Desist letter to JSU in May 2025. Mr. Henifin said he has never received any direct communications from JSU although it has from the Health Department, DFA, and IHL.
"Your position is they have to have an independent system to reduce potential of contamination," asked Judge Wingate. "Yes," replied Mr. Henifin. He added there was no need for JSU to go this route as most line breaks are repaired within a day.
Mr. Henifin also questioned whether the water was truly non-potable as he said kids will brush their teeth, drink water during a shower. "I don't understand how they think they can. It can't go back through our system," said the Water Manager. The Receiver could not sign off on the plans since it could "potentially contaminate the city of Jackson's water supply." He called the project "engineering malpractice."
Special Assistant Attorney John Sneed stood up for the Health Department. "We do agree with much of what Mr. Henifin said, the critical difference is there has no formal review of these plans although health engineers have seen them. said the lawyer.
Mr. Sneed said the water tank project was a public water system regardless of JSU's intent. Since potable water would enter buildings, MSDH must approve the project. The Public Utilities Staff would have to sign off on the water tank prior to Health Department approval. Bill Moody, Director of the Bureau of Public Water Supply, took a turn at the stand to answer the more technical questions.
"This is designed as a public water system. As Mr. Henifin said, this water could come back into JXN Water's system and it would create the difficulties he explained," said Mr. Moody as he shared Ted Henifin's concerns.
The Health Department's health engineers consider the project to be a public water system. If it goes to showers, sinks, and the dining facility, it would be a public water system since there is potential for human consumption.
Mr. Moody said he performed a "cursory review of the plans" although the review was not requested by anyone. He agreed with the engineers in considering the project to be a public water system. If JSU installs the water tanks, they would have to be isolated from the JXN Water system. However, Mr. Moody said the project could work if it served only mechanical areas such as chillers.
"Would you construe those plans as those that involved consumption?" asked Judge Wingate. "Yessir," answered the Director. He pointed out Ole Miss, Mississippi State University, and Alcorn State University have their own public water systems. The schools provide their own sources of water and treatment. UMC has its own water system as well.
Mr. Moody sent the Cease & Desist letter to DFA since it was funding the project. The letter states the project violates state law since it will provide either 15 connections or provide water to more than 25 people.
The city of Jackson was present at the confab as well. City attorney Drew Martin said the Horhn Administration supported the project "if it was doable and can comply with regulations."
The hearing ended without judgment as Judge Wingate ordered JSU to submit a brief within ten days. The Health Department and JXN Water will submit their answers within five days after receiving the JSU brief.
* Letter to Judge Wingate from Jackie Woods.
Subject: Urgent Assistance Needed Regarding Jackson State University Water Project
Good afternoon, Judge Wingate,
I am respectfully reaching out to seek your urgent assistance concerning a critical issue involving Jackson State University.
On September 3rd, I received a call from Senators Sollie Norwood and David Blount, informing me that we may have lost the $8 million allocated for our water tank project. Several legislators were set to meet with the Lt. Governor to discuss options for either retaining this funding or securing alternative sources to replace it.
During a follow-up meeting with my team at JSU, I discovered that JXN Water has blocked the delivery of our water tanks, delaying the project by refusing to sign the necessary transmittal. We initially believed the tanks were stored at the fairgrounds while we addressed the situation with JXN Water. However, after speaking with Glenn Kornbrek at DFA, we learned that the tanks had already been delivered to the Mississippi State Hospital and the fairgrounds for installation. Additionally, we were informed that Ted Henifin contacted the Department of Health, asserting that our project qualifies as a water system and expressing his lack of support. The Pickering firm, representing Jackson State, received a letter from the Department of Health stating that the project violates the Safe Drinking Water Act, despite the fact that this water is intended solely for non-consumptive uses such as flushing and showering. This has put a halt to our progress. MSDH also suggested we could request a hearing. Dr. Siggers, our Executive Director of Campus Operations, intended to meet with Dr. Edney, the Executive Director of the State Health Department, but that meeting was canceled while IHL Commissioner Dr. Rankins awaited a response from Ted Henifin regarding Dr. Rankins' letter of support for the installation.
Glenn from DFA has confirmed that the water tanks have not yet been installed. If we can persuade JXN Water to sign the transmittal, the tanks can be delivered and installed at Jackson State.
To date, DFA has spent approximately $7 million in ARPA funds on this project, which is about 75% complete. Since JXN Water assumed control of the water system, our campus and residence halls have faced water outages on eight occasions:
1. January 15-18, 2024
2. February 2, 2024
3. April 2024
4. December 2024
5. February 11, 2025
6. February 12, 2025
7. July 30, 2025
8. August 30, 2025
Our goal is not to create a new water system but to ensure access to backup water tanks to prevent our students from experiencing water shortages. JSU will maintain the tanks and utilize water from JXN Water. The tanks can supply water to the campus for three days before needing to be refilled, and Jackson State will manage the generators that keep the water circulating.
Thank you for your time and consideration. We sincerely hope to resolve this matter and would greatly appreciate any assistance you can provide.
Good afternoon, Judge Wingate,
I am respectfully reaching out to seek your urgent assistance concerning a critical issue involving Jackson State University.
On September 3rd, I received a call from Senators Sollie Norwood and David Blount, informing me that we may have lost the $8 million allocated for our water tank project. Several legislators were set to meet with the Lt. Governor to discuss options for either retaining this funding or securing alternative sources to replace it.
During a follow-up meeting with my team at JSU, I discovered that JXN Water has blocked the delivery of our water tanks, delaying the project by refusing to sign the necessary transmittal. We initially believed the tanks were stored at the fairgrounds while we addressed the situation with JXN Water. However, after speaking with Glenn Kornbrek at DFA, we learned that the tanks had already been delivered to the Mississippi State Hospital and the fairgrounds for installation. Additionally, we were informed that Ted Henifin contacted the Department of Health, asserting that our project qualifies as a water system and expressing his lack of support. The Pickering firm, representing Jackson State, received a letter from the Department of Health stating that the project violates the Safe Drinking Water Act, despite the fact that this water is intended solely for non-consumptive uses such as flushing and showering. This has put a halt to our progress. MSDH also suggested we could request a hearing. Dr. Siggers, our Executive Director of Campus Operations, intended to meet with Dr. Edney, the Executive Director of the State Health Department, but that meeting was canceled while IHL Commissioner Dr. Rankins awaited a response from Ted Henifin regarding Dr. Rankins' letter of support for the installation.
Glenn from DFA has confirmed that the water tanks have not yet been installed. If we can persuade JXN Water to sign the transmittal, the tanks can be delivered and installed at Jackson State.
To date, DFA has spent approximately $7 million in ARPA funds on this project, which is about 75% complete. Since JXN Water assumed control of the water system, our campus and residence halls have faced water outages on eight occasions:
1. January 15-18, 2024
2. February 2, 2024
3. April 2024
4. December 2024
5. February 11, 2025
6. February 12, 2025
7. July 30, 2025
8. August 30, 2025
Our goal is not to create a new water system but to ensure access to backup water tanks to prevent our students from experiencing water shortages. JSU will maintain the tanks and utilize water from JXN Water. The tanks can supply water to the campus for three days before needing to be refilled, and Jackson State will manage the generators that keep the water circulating.
Thank you for your time and consideration. We sincerely hope to resolve this matter and would greatly appreciate any assistance you can provide.
Update: Judge Wingate posted this on the docket today:
Status Conference held on 9/18/2025. APPEARANCES: Karl Fingerhood, DOJ and AUSA Angela Williams - Plaintiff. Drew Martin and Terrell Williamson - City of Jackson. Malissa Watson and Charles McGuffey - JXN Water. Ted Henifin - Third Party Administrator. John Sneed - MS Attorney General Office. William Moody - MSDH/Bureau of Public Water Supply. Also appearing: Mayor John Horhn and Interim CAO Peter Teeuwisseen - City of Jackson. Monica Davis-Allen - Associate General Counsel - Jackson State University. Appearing via zoom: Representatives for the EPA, City of Jackson and Intervenors.
16 comments:
Pickering is an engineering company. They should have known how this works. Henifin is correct. Pickering should have alerted their client from the beginning that it can’t be done in this manner.
Ancillary issues, not the primary ones, will soon doom the water system in the city. We aint got long….
Was Jsu suppose to get approval before they started this project?
From the article it doesn't seem like Jsu talked to Ted about the project. I
Guess they thought he would just sign
off on it.
JSU should have had it's independent system years ago but the piecemeal approach insures the IHL that JSU continues as cash cow for independent contractors like Pickering. In fifty years JSU has not had sufficient housing for it's enrollment. Too many local hotels and landlords benefit from that. All support operations like housing, utilities, maintenance, etc, at JSU should be reviewed for waste and corruption, but that will never happen. Any JSU president who suggests such scrutiny will not last long.
Well , there are five agencies and JXN Water involved.
Who are the 5 agencies?
I thought DFA was supposed to be the adult in the room.
Jackson is a regulated water utility who has to follow the Clean Water Act, has a PWS ID number, has to follow regulatory sampling requirements, has to do a CCR report, gets inspected by MSDH, has to have a licensed water operator, etc. When you are a water utility, you cannot allow any unregulated authority or individual to enter your system. You have to control all cross-connections. The concern is that an unregulated authority or individual putting water into your system has the potential to be a source of contamination.
Imagine that, David Blount backing a half-baked project. Who couldn't see that coming?
DFA, return the tanks and see if you can get your money back!
Wow. So the Legislature appropriated money to do something that is illegal? DFA and JSU didn't put in Pickering's contract to get regulatory approval before purchases were made? This is my shocked face: (°.°)
JSU, IHL, Public Utilities Staff, DFA, MSDH and JXN Water
When I started reading the story, I thought of IMS. Something they are noted for! But Pickering! Can't blame DFA because they don't know anything at all about engineering. This was stupid from day 1 and surely the tanks haven't already been delivered to MS! DFA needs much better advice than they are currently getting!!!
How come Jackson State did not have it's own water system like the other institutions?
Well they should just continue the project and only use the water to supply the chillers and boilers. At least if the water runs dry they will have ac and heat
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