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Mississippi Claims Memphis is Stealing its Groundwater, Supreme Court to Decide

Mississippi Claims Memphis is Stealing its Groundwater, Supreme Court to Decide

A long standing battle between states over water rights is headed to the Supreme Court.
Water Stress Map

The battle over water rights is heating up. Please consider the State of Mississippi v. City of Memphis and Memphis Light, Gas, and Water now on the Supreme Court Docket.

Mississippi’s complaint alleges that MLGW has “forcibly siphoned” off its water to the tune of billions of gallons. Compl. ¶ 23. And that without modern pumping technology none of that water would be available to Tennessee. Id. at ¶ 24. To make matters worse, Mississippi says Tennessee has removed groundwater far beyond “the water’s natural seepage rate.” Id.

Evidence of Tennessee’s heist, Mississippi claims, can be seen in “substantial drop in pressure and corresponding drawdown of stored water in the Sparta Sand” and the “cone of depression” that extends into north Mississippi. Id. at ¶¶ 25, 30. Because Tennessee is allegedly stealing water at such a rapid rate, Mississippi must now drill wells to substantially greater depths. Id. at ¶ 54(b). Naturally, that practice has increased the costs on Mississippians who rely on the Aquifer for their groundwater.

Mississippi now seeks both declaratory relief and money damages for the taking of its groundwater. The declaratory judgment would establish Mississippi’s “sovereign right, title and exclusive interest in the groundwater stored naturally in the Sparta Sand formation” which would not be available to the Defendants without pumping. I

Analysts Favor Tennessee

This suit has been brewing for years. But analysts strongly favor Tennessee.

For example, the University of Chicago Law Review writer Joseph Regalia says Mississippi’s Plea to the Supreme Court That It “Owns” Its Water and That Tennessee Is “Stealing” It Is Just Wrong.

…click on the above link to read the rest of the article…

Record-Breaking 2015 Temperatures Connected To Ongoing Fish Kill on Mississippi Beaches

Record-Breaking 2015 Temperatures Connected To Ongoing Fish Kill on Mississippi Beaches

Cleanup crews were dispatched to beaches in Hancock County, Mississippi, on December 27th to remove over a thousand dead fish and the remains of other animals.

Scientists attributed the fish kill to a “red tide” algae bloom that took hold in early December. It won’t go away until temperatures drop and fresh water from the north spilling out from the Mississippi moves through the area.

”Red tides produce neurotoxins that affect not only marine life, but humans who can breathe it in when it is aerosolized by wave action,” Jennifer Hecker, director of natural resource policy for the Conservancy of Southwest Florida, wrote on a social media post about the fish kill. “Some scientists believe exposure can contribute to human nervous disorders such as Parkinson’s…not just an eyesore.”

Although red tides are a natural occurrence along the Gulf Coast, they don’t occur in the winter. The record-breaking temperatures and less than average rainfall have created favorable conditions for the red tide.

Nutrients from fertilizer, human wastewater, and animal waste all contribute to increasing severity and duration of red tide events,” Hecker wrote.


Black drum fish pickup off the beach in Waveland, Mississippi. ©2015 Julie Dermansky

Two days later I caught up with a crew as they hoisted large black drum fish into a Caterpillar vehicle following behind them. Once full, the Caterpillar operator dumped the fish into a truck following along side on the road that parallels the beach.


Cleanup crew picking up black drum fish in Waveland, Mississippi. ©2015 Julie Dermansky


Caterpillar operator dumping fish in a truck in in Waveland, Mississippi. ©2015 Julie Dermansky

Most of the fish being picked up were black drum fish, some weighing as much as 50 pounds. The waters off Hancock County are the species’ breeding ground and their spawning period is about to begin, so schools continue to swim into the area.

…click on the above link to read the rest of the article…

Olduvai IV: Courage
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Olduvai II: Exodus
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