Memphis and Mississippi Fight Over Water

In what sounds like something straight out of a John Grisham novel, the state of Mississippi and the city of Memphis are preparing for war. Mississippi is suing the city of Memphis and its municipally-owned utility, Memphis Light Gas & Water, for using water that did not belong to it. Now before you laugh, there is seriousness in the case. Underneath a large section of land that includes both Tennessee and Mississippi, an aquifer sits that has been used for the last 130 years as a clean drinking source for citizens in the area. The question before the courts is whose water it is that everyone is using.

Back in 1887, an aquifer was tapped more than 300-feet below the surface. Found in what was then downtown Memphis, the city began using it is a water source. Aquifers are underground water sources, usually consisting of sand and or gravel mixes that can have water extracted by using a water well. Additionally, there are some underground water sources the scope and size of a lake. Which is the case in the City of Memphis versus State of Mississippi case. The aquifer is the size of Lake Erie with added depth. Named the Memphis sand and Sparta aquifer the water source covers over 10,000 square miles.

So what's the problem? If you were to look at an underground map of Shelby County (where Memphis is) and Desoto County, MS you will see a water source that runs throughout both land areas. Unconfined to one more so than the other, the Memphis Sand and Sparta aquifer sits like a mini-ocean beneath the earth's surface. According to Mississippi, because MLGW uses around 150million gallons of water per day their usage is pulling the water source northward towards Memphis. MLGW has a water pumping station that is less than two miles from the Mississippi state border. It is this pumping station that sits at the epicenter of this legal battle. Mississippi proposes that almost half of the water MLGW pulls down on a daily basis comes from areas within the geographical borders of Mississippi.

If you are wondering what is at stake in the case follow the drip. Since 1985, a date chosen by Mississippi an immeasurable amount of water has been withdrawn from the aquifer. The estimates are that close to $1trillion is the value for the water lost. Mississippi also wants to get an injunction on Memphis and MLGW pulling any more water down. This would force Memphis to look at finding an alternative water source. With the Mississippi River running along the city's western border, it is an obvious choice. But with costs of upwards of $20million the city is hoping that the courts will rule that there was neither intent nor negligent action on their part to use water belonging to Mississippi.

Trial is set to begin Feb. 4 in District Court in Oxford, Mississippi., the home of Faulkner and Grisham. How it will play out is anyone's guess. One thing is certain: With both sides having evidence and precedents on their side, the case will come down to how a judge sees the law. How is that for suspense?

Sources:

http://www.mlgw.com/images/waterq.pdf
http://www.uswaternews.com/archives/arcrights/5misssues3.html