equitable apportionment

Issues

This case asks the Supreme Court to consider whether it should equitably apportion the waters of the Apalachicola-Chattahoochee-Flint River Basin between Georgia and Florida. There is a long history of conflict between the states over Georgia’s use of water from the Chattahoochee and Flint rivers. Florida argues that the Supreme Court should impose a water consumption cap on Georgia because Georgia’s unreasonable water consumption inflicts real harm on Florida and its ecosystems. Georgia counters that Florida is not entitled to relief in this original jurisdiction action because Florida has not proven that the consumption cap will provide effective redress and Florida has failed to include a necessary party in the litigation. Florida contends that Georgia’s water usage has caused a reduction in the flow of the Apalachicola River that has harmed the region’s oyster population damaging the regional economy. Moreover, Florida suggests that it is the Court’s duty to intervene and apportion the water rights equally between the two states. Georgia disputes that it harmed the oyster population and organizations supporting it argue that upstream states have no duty to maintain or protect water flows to benefit downstream states. 

Questions as Framed for the Court by the Parties

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Issues

This case asks the Supreme Court to determine if groundwater should be classified as an interstate resource and fall within federal common law equitable apportionment jurisprudence. The Special Master determined that the Middle Claiborne Aquifer is an interstate resource and that the Supreme Court should allow Mississippi to amend its complaint to include an equitable apportionment claim. Mississippi disputes the Special Master’s conclusions and argues that groundwater naturally flows from its territorial boundaries. Mississippi asserts that Tennessee's underground pumping violates Mississippi’s territorial sovereignty by disrupting the groundwater’s natural flow within Mississippi’s borders. Tennessee argues that the Special Master is correct in identifying the aquifer as an interstate resource, but that the Supreme Court should not allow Mississippi to amend its complaint because any amendment would create additional costly and time-consuming litigation. The outcome of this case has serious implications for interstate water rights and the apportionment of belowground natural resources.

Questions as Framed for the Court by the Parties

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