Supreme Court of the United States

Name: Mississippi v. Tennessee
Author: Supreme Court of the United States

Mississippi v. Tennessee (2021)

Summary

“Mississippi v. Tennessee”, published in 2021, is a work by Supreme Court of the United States. It explores elements such as Mississippi, equitable apportionment and groundwater.

Quotes from Mississippi v. Tennessee (Supreme Court of the United States)

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ For these reasons, we hold that the waters of the Middle Claiborne Aquifer are subject to the judicial remedy of equitable apportionment.
B
Mississippi contends that it has sovereign ownership of all groundwater beneath its surface, so equitable apportionment ought not apply. We see things differently. It is certainly true that “each State has full jurisdiction over the lands within its borders, including the beds of streams and other waters.” ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ Although our past cases have generally concerned streams and rivers, we see no basis for a different result in the context of the Middle Claiborne Aquifer. When a water resource is shared between several States, each one “has an interest which should be respected by the other.” Wyoming v. Colorado, 259 U. S., at 466. Mississippi’s ownership approach would allow an upstream State to completely cut off flow to a downstream one, a result contrary to our equitable apportionment jurisprudence. ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ To the extent Tarrant stands for the broader proposition that one State may not physically enter another to take water in the absence of an express agreement, that principle is not implicated here. The parties have stipulated that all of Tennessee’s wells are drilled straight down and do not cross the Mississippi–Tennessee border. See Joint Statement of Stipulated and Contested Facts 106. When Tennessee pumps groundwater, it is pumping water located within its own territory. ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ Based on that review, we dismiss Mississippi’s complaint and decline to grant leave to amend.
II
A
Equitable apportionment aims to produce a fair allocation of a shared water resource between two or more States. See Colorado v. New Mexico, 459 U. S. 176, 183 (1982) . The doctrine’s “guiding principle” is that States “have an equal right to make a reasonable use” of a shared water resource. ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ It underlies portions of eight States in the Mississippi River Basin: Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. See Report of Special Master 16; Hearing Tr. 278–279. Many of these States, including Mississippi and Tennessee, draw significant amounts of groundwater from the aquifer. Id., at 660–662, 1038–1040; Joint Exh. J–71.
To extract water from an aquifer, people drill wells. Pumps then draw water to the surface, where it is processed and piped to customers. Pumping does not just bring water to the surface ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ The Special Master has now issued his report, which recommends that this Court dismiss Mississippi’s complaint with leave to amend. Both Mississippi and Tennessee have filed exceptions.
I
A
Layers of rock, clay, silt, sand, and gravel exist below the Earth’s surface. Groundwater percolates through the spaces in and around these materials, sometimes forming underground reservoirs of water known as aquifers. Some aquifers are small, while others span tens of thousands of square miles. The Middle Claiborne Aquifer is one of the latter. ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ But such jurisdiction does not confer unfettered “ownership or control” of flowing interstate waters themselves. Wyoming v. Colorado, 259 U. S., at 464. Thus, we have “consistently denied” the proposition that a State may exercise exclusive ownership or control of interstate “waters flowing within her boundaries.” ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ The Middle Claiborne Aquifer’s “multistate character” seems beyond dispute. See Sporhase v. Nebraska ex rel. Douglas, 458 U. S. 941, 953 (1982) . Mississippi concedes that the “geologic formation in which the groundwater is stored straddles two states.” Complaint ¶41. Indeed, a core premise of Mississippi’s suit is that Tennessee is pumping water that was once in Mississippi. The evidence shows that wells in Memphis and wells in northwest Mississippi are “pumping from the same aquifer.” Hearing Tr. ”

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Source: Wikisource

Supreme Court of the United States, Mississippi v. Tennessee (2021)

“ Id., at 101–102, 106. MLGW’s pumping contributes to a cone of depression that underlies both the City of Memphis and DeSoto County, Mississippi. Report of Special Master 21–23; Hearing Tr. 206, 435–436, 525. ”

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