On Monday, October 4 the United States Supreme Court heard
oral arguments in
Mississippi v. Tennessee. Both states have filed exceptions to the latest recommendations
of Special Master. Mississippi filed suit arguing, essentially, that Memphis, Tennessee
has stolen the groundwater from beneath Mississippi by placing several high volume
water wells near the state line.
The litigation began in 2005, when Mississippi filed suit against the Memphis public
water supplier in federal court. The district court and court of appeals both found
that Mississippi needed to file suit against Tennessee and request that the United
States Supreme Court divide the groundwater between the states (“equitable apportionment”).
The United States, without comment, refused to hear the appeal and denied Mississippi’s
motion to file a bill of complaint, in 2010.