The U.S. Supreme Court ruled on November 22 against the state of Mississippi in its claim that Memphis, Tennessee, was stealing its groundwater from across state lines.
Mississippi claimed the intense pumping of more than 140 million gallons a day by the city of Memphis was drawing groundwater that “belongs” to Mississippi. In its filing, Mississippi claimed wells owned by Memphis created “cones of depression” in the water table that drew groundwater across state lines into Tennessee. Mississippi was seeking $600 million in damages.
At the center of the case was the question of how states “share” aquifers that cross state lines and how they are utilized by various municipalities. The Supreme Court ultimately ruled that no states outright own the groundwater beneath their land, and it must be shared through “equitable apportionment.”
Equitable apportionment is a legal process where states divide water allotments from various sources and until now was focused on surface water such as streams and rivers.
The aquifer has been the source of several lawsuits over the past 15 years. This was the first case to be heard by the Supreme Court.
Click here to read the Supreme Court’s ruling.
NGWA will continue to track any policy or legal implications that stem from the ruling.