Can a Mississippi town cut off water service to an out-of-town homeowner who refuses to connect to a new sewer line?

Plain-English summary

The Town of Boyle received state grant and loan funding to extend sanitary sewer service to residents living outside its town limits who already receive municipal water, but worried that some of those homeowners would reject the new sewer hookups and keep their septic tanks. The Town's attorney asked the Mississippi Attorney General three questions about what leverage the Town has to push the conversion through.

The answers were narrow. The Town cannot terminate a homeowner's water service just because they decline the new sewer service; state law and prior AG opinions limit water service termination to nonpayment of a bill after notice and a chance to be heard. The Town also has no statutory authority to sue an individual homeowner to force them to connect to the sewer system; while Mississippi Code Annotated Section 21-27-7 gives municipal governing authorities jurisdiction over waterworks including sewer services, that does not translate into a right to compel a specific resident's hookup through litigation. The one door left open: nothing in the law stops the Town from contacting the Mississippi Department of Health to ask for its assistance.

What this means for you

Towns and municipal utility boards extending sewer service outside town limits

The opinion holds that a town cannot terminate an out-of-town customer's water service as leverage to force acceptance of new sanitary sewer service; the only recognized basis for terminating water service is nonpayment of a just bill after notice and an opportunity to be heard. The opinion also holds there is no statutory authority for a municipality to sue a homeowner to compel a sewer connection.

Homeowners with septic systems facing a municipal sewer extension

The opinion confirms you cannot lawfully have your water service cut off solely for declining a new sewer connection, and that the town has no clear legal path to sue you into connecting. The town may, however, seek assistance from the Mississippi Department of Health.

Municipal attorneys structuring septic-to-sewer conversion projects

The opinion draws a sharp line between billing enforcement (permitted, tied to nonpayment) and service-refusal enforcement (not supported by statute), and flags that seeking state health department involvement is a lawful option worth exploring instead of water shutoffs or litigation against individual homeowners.

Common questions

Q: Can a town shut off my water if I refuse to connect to a new sewer line?
A: No. The opinion concludes the town may not terminate water service solely because a homeowner rejects sanitary sewer services; termination is tied to nonpayment of a bill after notice and a hearing opportunity.

Q: Can a town sue a homeowner to force them off a septic tank and onto the municipal sewer system?
A: No statutory authority for that exists, according to the opinion. The Attorney General's office also declined to give litigation strategy advice on initiating legal proceedings against residents.

Q: Can a town ask a state agency to help pressure homeowners to accept sewer service?
A: The opinion states that nothing in the law prohibits the Town from contacting the Mississippi Department of Health and asking for assistance.

Background and statutory framework

Mississippi Code Annotated Section 21-27-7 gives municipal governing authorities jurisdiction over waterworks, including sewer services, but that general jurisdiction does not itself create authority to terminate a customer's water service for refusing a separate sewer connection, or to sue a resident to compel that connection. Water service termination has previously been recognized, per a 2006 AG opinion addressed to the same Town, as tied specifically to nonpayment of a just bill after notice and a meaningful opportunity to be heard.

Citations and references

Statutes:
- Miss. Code Ann. § 21-27-7, municipal jurisdiction over waterworks and sewer services

Prior AG opinions referenced: Povall (July 28, 2006)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/06/J.-Povall-June-8-2026-Sanitary-Sewer-Services-for-Homeowners-Residing-Outside-Municipality.pdf

Original opinion text

June 8, 2026
J. Kirkham Povall, Esq.
Attorney, Town of Boyle
Post Office Drawer 1199
Cleveland, Mississippi 38732
Re:

Sanitary Sewer Services for Homeowners Residing Outside Municipality

Dear Mr. Povall:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, the Town of Boyle ("Town") operates a municipal water system, which
provides water and sanitary sewer services to citizens who reside within the Town's corporate
boundaries. The Town also provides water services to individuals and businesses residing outside
of its corporate boundaries and sanitary sewer services to a few residential users residing outside
of its corporate boundaries. You advise that the Town has been awarded "grant and/or loan funds
from the State of Mississippi to extend sanitary sewer services to additional users and replace water
lines to the same users outside its boundaries." You also indicate that there is concern that
"potential users of sanitary sewer services" who currently receive municipal water services may
reject the sanitary sewer services which would replace their septic tanks.
Questions Presented
1. Does the Town have the right to terminate the water service of a homeowner who rejects
sanitary sewer services?
2. Does the Town have the right to sue an individual homeowner for injunctive relief requiring
the homeowner to accept sanitary services?
3. Is there any legal basis for the Town to request the Mississippi Department of Health assist in
requiring the homeowner to abandon a septic tank and sign a user agreement accepting sanitary
sewer services?
Brief Response
1. The Town may not terminate the water services of a homeowner solely because he rejects
sanitary sewer services.
2. There is no statutory authority for the Town to sue to compel the owner of a septic system to
connect to the town's sewer system.
3. Nothing in the law prohibits the Town from contacting the Department of Health to ask for
assistance.
Applicable Law and Discussion
You first ask if the Town has the right to terminate the water service of a homeowner who rejects
sanitary sewer services. While Mississippi Code Annotated Section 21-27-7 gives the municipal
governing authorities jurisdiction over waterworks, including sewer services, the law does not
provide the Town with authority to terminate the water service of a homeowner outside of the
corporate limits who rejects sanitary sewer services. The only reason we can find to terminate
water service is "for nonpayment of a just bill after giving notice and an opportunity to be heard
in a meaningful time and manner to the utility customer." MS AG Op., Povall at *1 (July 28, 2006)
(citation omitted).
To the extent that your second question asks for advice on initiating legal proceedings against
certain residents, we are unable to respond. However, we have found no statutory authority for the
Town to seek injunctive relief to force septic system users outside of the Town to connect to the
sewer system.
Your third question asks if there is any legal basis for the Town to request that the Mississippi
Department of Health assist in requiring a homeowner to abandon a septic tank and sign a user
agreement accepting the sanitary sewer services. Nothing in the law prohibits the Town from
contacting the Department of Health and asking for assistance.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Kristi D. Kennedy
Kristi D. Kennedy
Special Assistant Attorney General