Russellville Water Board rescinds policy made subject of lawsuit

The Water Works and Sewer Board of the City of Russellville (the Water Board) has rescinded a controversial policy denying service to a new customer if the previous customer at the same address leaves an unpaid balance.

Eric Hill, general manager of the Water Board, said the board rescinded the policy after a recent opinion issued by the Alabama Attorney General’s Office indicated a similar policy violated Alabama law.

73 refund checks were issued last week to all customers impacted by the Water Board’s restoration of water service policy, approved by the board on November 12, 2024.

The policy read: “The Water Works and Sewer Board of the City of Russellville does not provide or restore water service to an existing property with an unpaid balance.”

In an opinion issued by the Attorney General’s office, a policy requiring a landlord to sign a guarantee that utility payments would be made should a tenant become delinquent is unenforceable.

That opinion, 2026-005, was issued November 25, 2025.

A previous Attorney General opinion, 2025-014, concluded that a water authority may not discontinue water service provided to a current tenant based on the failure of a previous customer at the same premises to pay the water service fee.

Hill said he learned of the opinion in December after the Water Board’s monthly meeting, so the board rescinded its policy the following month.

Under the policy, if a landlord, for example, had a tenant move out leaving a delinquent water balance on a rental property and the landlord needed water service to clean the property, the landlord had to pay the delinquent balance in order to have water service connected, even though he or she didn’t incur the debt and wasn’t legally responsible for the delinquency.

The policy was challenged in two civil lawsuits filed last year in Franklin County Circuit Court.

One was brought by William V. Lawson, a rental property owner who attempted to open an account for a lot at Mills Trailer Park, which he owns. Lawson was denied service until an unpaid balance left by the former tenant was satisfied.

Russellville attorney Evan Hargett with Rogers, Bowling & McReynolds, P.C., represents Lawson and a second plaintiff, William D. Ragan, Jr., in a separate case seeking certification of a class action for all customers impacted by the policy.

Hargett said a refund check payable to Ragan was delivered to his office last week, returning the full balance he was required to pay to satisfy the delinquent balance.

Hargett said his client was relieved to receive the refund, but the impact of the Water Board’s policy reversal as to the status of the two lawsuits will be determined by the Court. As of March 11th, both cases remained pending in Circuit Court.

Russellville attorney Danny McDowell, who represents the Water Board, said he hopes the two cases will be dismissed by agreement of the parties now that all monies paid pursuant to the policy have been refunded.

Hargett said the first Attorney General’s opinion, released in January 2025, should have put the Water Board on notice their policy was illegal, which would have averted the need to file the lawsuits.

Russellville District Two City Councilman Darren Woodruff said he received numerous complaints from citizens both in and out of his district about the Water Board’s policy. Woodruff credited the Water Board for acknowledging its mistake and rescinding the policy.

“I’m familiar with this situation because I had several citizens contact me about this policy. Apparently, the Water and Sewer Board has found a wrong they were doing and has fixed it,” Woodruff said. “I applaud them for doing the right thing.”