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.