By Candice Ludlow
http://stream.publicbroadcasting.net/production/mp3/wkno/local-wkno-882013.mp3
Memphis, TN – The US Supreme Court weighed in on the water fight that has been raging between Mississippi and Tennessee for years. Candice Ludlow reports.
In 2005, Mississippi filed suit against the city of Memphis and its utility company, Memphis, Light Gas, and Water, alleging that the utility company has been "stealing" more than its share of the water from the Memphis aquifer. Mississippi sought billions of dollars in damages and an injunction to stop Memphis from pumping water from the pristine source, deep below the Earth's surface.
On the first day of trial in 2008, the lower court judge asked, "whose water is it?" and dismissed the case without prejudice, saying it's impossible to determine who owns the water, because the aquifer lies beneath several states, including Arkansas, Mississippi and Tennessee.
Last September, Mississippi filed two motions with the Supreme Court. One to appeal the lower court's decision that it was a matter between states, meaning only the Supreme Court could hear the case. The other asking the Supreme Court to appoint a special master to apportion the aquifer.
The High Court denied the appeal. They also denied the apportionment request, but without prejudice - which leaves the possibility that Mississippi could bring the case back to the Supreme Court to divvy up the aquifer.