Tag Archives: equitable-apportionment
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SCOTUS Opinion: Equitable Apportionment Doctrine Applies To Interstate Aquifers
Typically in cases where states have a dispute over water use, usually involving water flowing above ground in a river or lake, the Court uses the doctrine of equitable apportionment to allocate the water resources between the states. In Mississippi v. Tennessee, Mississippi originally sued the City of Memphis for drawing too much water from the Middle Claiborne Aquifer, which ... Read More
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SCOTUS Opinion: Georgia Prevails In Dispute Over Water Rights
The interstate rivers that make up the Apalachicola-Chattahoochee-Flint River Basin flow from Georgia into Florida. Florida claimed that its upstream neighbor was consuming too much of the Basin waters, resulting in downstream harm to Florida’s oyster fisheries and wildlife. The Special Master appointed to the case originally recommended dismissal of Florida’s claim for lack of redressability, but the Court requested ... Read More