Page:Mississippi v. Tennessee (2021).pdf/8

Rh declined to grant certiorari, 559 U. S. 904 (2010), and denied without prejudice Mississippi’s request for leave to file a bill of complaint, 559 U. S. 901 (2010).

In 2014, Mississippi again sought leave from this Court to file a bill of complaint against Tennessee, Memphis, and MLGW. That is the basis of this suit. Mississippi’s complaint alleges that MLGW “has forcibly siphoned into Tennessee hundreds of billions of gallons of high quality groundwater owned by Mississippi.” Complaint ¶23. It says that MLGW’s “mechanical pumping” is to blame and that the “groundwater taken by Defendants from within Mississippi’s borders would have never under normal, natural circumstances been drawn into Tennessee.” Id., ¶24. This “wrongful taking,” the State contends, “is evidenced by a substantial drop in pressure and corresponding drawdown of stored groundwater” in northwest Mississippi, and by a cone of depression extending miles into its territory. Id., ¶25. As a result, Mississippi says, it has to drill its own wells deeper to access the aquifer, and use more electricity to pump water to the surface. Id., ¶54(b).

Mississippi claims an absolute “ownership” right to all groundwater beneath its surface—even after that water has crossed its borders. See id., ¶¶8–12, 39. It argues that Tennessee’s pumping thus amounts to a tortious taking of property, and it seeks at least $615 million in damages. See id., ¶¶55–56. Mississippi expressly disclaims equitable apportionment, arguing that the “fundamental premise of this Court’s equitable apportionment jurisprudence—that each of the opposing States has an equality of right to use the waters at issue—does not apply to this dispute.” Id., ¶49.

We granted Mississippi leave to file its complaint and appointed Judge Eugene E. Siler, Jr., of the Sixth Circuit to serve as Special Master. He has ably discharged his duties.