Mississippi did not have ownership of groundwater in the aquifer

The State of Mississippi sued the State of Tennessee in 2014, alleging that Tennessee was taking Mississippi’s groundwater by allowing a Tennessee utility company to pump large amounts of groundwater from the Middle Claiborne Aquifer, which is located at the Mississippi-Tennessee border. Mississippi argues that the groundwater stored in the aquifer lies entirely within Mississippi and would never flow into Tennessee if it were not for the pumping. Mississippi expressly disclaims any equitable apportionment remedy, arguing that the principle does not apply to this dispute. Instead it seeks only damages and related relief. The Special Master recommended that the Court dismiss the complaint but grant Mississippi leave to amend its complaint to seek equitable apportionment.

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