The U.S. Fifth Circuit Court of Appeals has upheld a lower court decision that rejected a claim by the state of Mississippi seeking payment for water in the Memphis Sands Aquifer.
The appeals court affirmed the dismissal of the case by the district court, but suggested that Mississippi could refile its case before the U.S. Supreme Court because it involves a dispute between Mississippi and Tennessee. The appeals court said the state of Tennessee should have been included in the lawsuit.
The aquifer is the primary source of water for DeSoto County and Memphis, via Memphis Light Gas & Water.
The lawsuit was filed in 2005.