Jackson State University has no claim, no case, and no cause of action. So says the Justice Department as it responded to JSU's request for Judge Wingate to allow the installation of water storage tanks on campus. The project cost $7 million. JSU filed a grievance with the Court after the Health Department stopped the project.
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 Health Department found out about the project and sent DFA a Cease & Desist letter in May. JSU filed a grievance with the Court.* Judge Wingate held a hearing on the matter on September 18. JXN Water Manager Ted Henifin and the Bobby Moody, Director for the MSDH Bureau of Water Supply, said the project is a public water system. Earlier post on hearing.
JSU will be using JXN Water pipes to transport the water held in the tanks. The water would be stored for an undetermined amount of time. As the water ages, the risk of contamination increases. If it was distributed to JSU students, it would also get into the JXN Water system. Other universities such as Ole Miss, Mississippi State, and Alcorn State have their own public water systems with their own source of water, operators, and pipes.
Judge Wingate ordered all parties to submit briefs. JSU submitted a memorandum in support of the DFA project last week. JSU argues the Health Department exceeded its jurisdiction in stopping the project because 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." Earlier post with copy of JSU memo and C&D letter.
The Justice Department filed its response yesterday and said nice try. Its reply minced no words in criticizing JSU as well as the Court:
The Court should disregard Jackson State’s Memorandum for two reasons. First, as a preliminary issue, this matter is not properly before the Court. Jackson State initiated this matter by sending an ex parte letter to the Court’s chambers, which led to the Court’s September 18, 2025, Status Conference. Jackson State is not a party in this case. Jackson State also did not file a complaint or any other pleading outlining the basis for its claims and for the relief it seeks. Because this matter is not properly before the Court, the Court should take no action in response to Jackson State’s Memorandum.
The response points out JSU is not a party to the case and thus has no standing. The Justice Department claims the Health Department, not JSU, should determine if the project is a public water system. The Health Department has not reviewed the plans and made a decision, thus there is no final action for the Court to review.
The Justice Department charges the project is indeed a public water system. The project will provide water for human consumption in dorms, dining halls, and bathrooms. JSU said the water would not be used for human consumption as it was only to be used for showering, flushing, brushing teeth, and dining facility activities. However, the federal government states the court have held such activities to be human consumption.
The law defines a public water system as a system that has at least 15 connections and serves at least 26 people for 60 days or more. The project will serve a student population of over 9,000 students and a campus of 55 buildings. The EPA says each building served by the same system is to be considered a connection. The system will operate every day, thus meeting the 60-day requirement.
A footnote in the response spells out the federal government's health concerns:
The Water Storage Project presents potential public health concerns due to the storage of drinking water for an unknown period of time that may make compliance with the NPDWRs an important issue. The length of time water spends in the distribution system or storage is called “water age.” The higher the water age, the more reaction time for the disinfectant residual, leading to reduced concentrations of disinfectant residual, increased potential for microbial growth, and detriments to water quality. To control microbial contamination, public water systems must maintain a disinfectant residual. Additionally, disinfectants reacting with naturally-occurring materials in water can form disinfectant byproducts (“DBPs”). This problem is exacerbated with water age. These DBPs include trihalomethanes, haloacetic acids, chlorite, and bromate. Exposure to DBPs has been associated with adverse health effects.
JXN Water is expected to file its brief today. Judge Wingate said he will rule on the briefs with no further oral arguments.
* 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.
Posted below: DOJ response, JSU memorandum, Cease & Desist letter.
33 comments:
I would not want to own stock in the E&O carrier for Pickering Engineering.
$8M would have been enough money to put in their own independent water system, but they would have had to run it. They obviously didn't want to do that. So they had tried to do a work around, based on wishful thinking. The Safe Drinking Water Act doesn't have an exception for wishful thinking.
I bet JSU didn't see this comng from DOJ.
It's racist if JSU isn't allowed to install their water storage tanks.
JSU didn't go the proper route with this.
Glad DOJ pointed that out.
The DOJ said that JSU already has a public water system without the tanks.
JSU response: "We promise ain't nobody gonna drink the water."
Jackson State's memorandum was significantly watered down.
For them to purposely avoid the health department and try to shoehorn this project into the system, potentially creating a public health issue is some shade-tree, stupid-fuck shit to do and it speaks volumes about JSU's common sense. These people are "educating" students. *Forehead-smack*
Hold on, Spud. DFA is in charge of the project, not JSU. DFA hired a contractor, Pickering. DFA and JSU aren't going to know the health department policies and regs. That's one reason you hire an expert or contractor. The question is whether Pickering notified DFA or JSU it had to get MSDH approval or review.
This project is essentially tanked at this point.
I'm thinking Pickering will be doing some internal review of their design procedures....
Jackson State still can't provide any hard data beyond a swag to buttress their claims of student loss due specifically to the water problems.
There is an implication that JSU is being treated unfairly because "other universities" have their own water systems. It is worth clarifying that only three public universities have their own water systems due to specific availability/capacity in their locations. The others use the local community water system.
Thank you Justice Department. Hopefully this will stop all the side communications with Judge Wingate, which have gotten ridiculous.
Judge Wingate to rule - Justice Dept said it shouldn't be before him in the first place. Agree. I wish the Judge would not get so personally involved with everyone's water bill and water gripe. If he had shut down the first one, then there wouldn't be a second and third and this JSU crud.
At what point did the priorities shift from safe water, create billing/cutoff system, fix problems. I remember when everything started, the priority lists and accomplishments were breathtaking. Now its just who can screw over water dept.
Didn't JSU say nothing came up about
Jxn Water or Msdh in their meetings?
10:32 well said.
DOJ is absolutely right about JSU's letter to judge Wingate, and this not being properly before the court.
I don't understand why JSU's Government Liaison would send a letter to a federal judge without going through the General Counsel's office.
Bill Moody and Ted Henefin are correct. This can't be allowed. It is very dangerous for the consumer and presents a health risk. Having said that, JSU and/or DFA hired Pickering to handle this. I agree with the poster that said Pickering's Errors and Omissions insurance carrier is probably sweating right now.
I can't wait to see the pictures of the tanks at issue here.
Bought, delivered and next their next stop will be FaceBook Marketplace apparently.
Is Pickering Engineering different Pickerings than Mississippi's former State Auditor Stacey 'Veterans Affairs' Pickering?
I mean.........you can use water from a tank to flush toilets with. Yes, this would come through the pipes and you COULD drink it in theory, but I think having tanks as a backup to handle #2 should be a #1 priority.
Who is the victim in all this? We all know it's JSU and their students. Their fate is in the hands of people who don't share their interests. They are not a party in this case but they are the victims as usual. They will simply be at the mercy of JXN Water and the city for the foreseeable future. Good Luck.
@9:58 I didn't know Pickering was educating students. If so I would not go to their class.
JSU is aggrieved for one reason and one reason only: They 'bout to lose a grip on 8 million bucks'.
Or how about just limiting the project to servicing the AC chillers system?
11:37 JSU has more reason to be aggrieved. Their enrollment has been dropping like a stone. They have serious and long-standing housing issues, water problems, no reliable leadership and an IHL board not likely to care. This 8 million bucks was wasted at JSU's expense.
DFA had the money, not JSU.
That's in the post.
Who said it didn't? It was reviewed by counsel first.
KF@12:27 Stop muddying the water with facts. JSU must take the blame for this boondoggle and also be the victim of it. They have no choice.
Having stagnant water in storage appears to be the major issue. Maybe the tanks can be configured as part of the customer piping where water from the meter feeds into the tanks and the tanks continually feed the pipes to the buildings. This allows storage to be built into their piping but has no stagnant water.
Well played.
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