On the Web
Miss. Public Service Commission:
www.psc.state.ms.us
Miss. Rural Water Association:
www.msrwa.org

By Billy Davis

Public Service Commissioner Brandon Presley said last week that rural water associations will eventually be forced to comply with his demand that they turn over bylaws to the state agency.

A January 27 deadline set by Presley came last Friday for water associations in North Mississippi to comply, Presley stated in a press release. Subpoenas will be issued for those that did not cooperate.

Ninety-two water associations, including 12 in Panola County, had failed to send a copy of association bylaws weeks earlier, the press release stated.

Panola County water associations included on the PSC list include: ASL Water, Concord-Macedonia, Enon-Locke Station and Curtis Water, Hebron, Hotophia, Independence, Mt. Olivet, North Tallahatchie, Panola Union, Pope-Courtland, and South Lake Water Association.

Presley is pressing for more oversight of rural water associations following an ongoing investigation of the North Lee County Water Association. The FBI and EPA, along with state agencies, announced last fall they were investigating allegations of wrongdoing at North Lee.

Meanwhile, local water associations describe the standoff with Presley as a test of their independence versus Presley’s personal attempt to control them.

“I think Brandon Presley is a no-good, power-hungry, money-hungry politician who’s trying to get control of everything he can,” Perry Massey, who heads the Eureka Water Association south of Batesville, told The Panolian last week.

“Apparently Mr. Presley has decided to take all the rural water associations under his wing,” said George Meek, president of the Pope-Courtland Water Association.  

The three-member Public Service Commission oversees public utilities — telecommunications, water, gas and electricity — in Mississippi.

Presley won election in 2007 in the Northern District, then won re-election last year. He has taken a populist-like stance by claiming he represents bill payers — especially the poor and the elderly — with utility companies and their lobbyists opposing his efforts.

“I’m fightin’ the greedy and helpin’ the needy,” he has said when visiting The Panolian’s office.   

Presley hasn’t hidden his plans for the Public Service Commission to gain regulations over rural water associations, including requiring board meetings to operate under the state’s Open Meetings laws.
Any new regulations would typically come from the state legislature, where past legislation has failed to survive. The state legislature is currently in session and rural water associations are expected to descend on the state capitol this week to lobby for their independence from the Public Service Commission.
Although there is a behind-the-scenes squabble under way, there is one agreement among Presley and water associations: state regulations are not in place to regulate the associations.

“Municipalities fall under Presley’s leadership and dictatorship. Rural water associations do not,” said Roger Hartman, president of the Mt. Olivet Water Association.

Fred Womble, with Hotophia Water Association, said the Public Service Commission sometimes forwards customer’s complaints about bills, which are addressed by the water association.  

“We follow up on any complaints we get,” Womble said, “but how much authority they have, I’m not sure.”

Mississippi’s rural water associations are represented by the Miss. Rural Water Association, based in Raymond.

The state organization has advised rural water associations that Presley doesn’t have authority to demand bylaws — and the water associations have responded by refusing to cooperate.

“Legally we’re as sound as we can be. My office has the right to issue subpoenas,” Presley said.
“Mississippi Rural Water — they’re not a government agency, they’re lobbyists,” Presley added. “And they’re giving some bad legal advice.”

After the incident with North Lee, Presley referred to water associations as “little kingdoms” in a story for Tupelo’s daily newspaper, The Northeast Mississippi Daily Journal.

“And that’s symptomatic of water associations statewide,” he said.

Presley also complained to the Tupelo newspaper that the PSC can respond to a complaint of dirty water “but we don’t have the authority to go in there and get rid of a board that’s not doing right.”

Presley told The Panolian last week he recalled making the “little kingdom” remark but didn’t remember saying he wanted the authority to dissolve a water association board.

“I will say that right now there’s no way to remove a board except by its members,” he said, referring to customers of the water association.

Asked if he wanted the authority to regulate rates, Presley said, “Of course.”

According to Meek, Pope-Courtland charges a monthly fee of $12 for the first 3,000 gallons of water.

“We haven’t raised our rates since Lord knows when,” he said.