Pre‐Development Groundwater Conditions Surrounding Memphis,Tennessee: Controversy and Unexpected Outcomes

Reliance on groundwater resources by differing governing bodies can create transboundary disputes raising questions of ownership and apportionment as the resource becomes strained through overuse or threatened by contamination. Transboundary disputes exist at varying scales, from conflicts between countries to smaller disputes between intrastate jurisdictions. In 2005 within the United States, the State of Mississippi filed a lawsuit against its political neighbor and their utility, the City of Memphis and Memphis Light, Gas, and Water, for groundwater deemed owned by the State of Mississippi to be wrongfully diverted across the state line and into Tennessee by the defendants. The basis of the lawsuit was potentiometric maps of groundwater levels for the Memphis aquifer that showed under suggested pre‐development conditions no flow occurring across the Mississippi‐Tennessee state line, but subsequent historic potentiometric maps show a cone of depression under the City of Memphis with a clear northwesterly gradient from Mississippi into Tennessee. The suggested pre‐development conditions were derived from limited groundwater level observations between 41 and 74 years post‐development. A new pre‐development map is constructed using historic records that range 0‐17 years post‐development that shows the natural flow is northwesterly from Mississippi into Tennessee and transboundary groundwater quantities have actually decreased since pre‐development conditions.