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12 Duke J. Const. L. & Pub. Pol'y Sidebar 1 (2016-2017)

handle is hein.journals/dukjppsid12 and id is 1 raw text is: 












         MISSISSIPPI V. TENNESSEE:

      RESOLVING AN INTERSTATE

         GROUNDWATER DISPUTE

                          PETER  G. BERRIS*


                          I. INTRODUCTION
    Shortly  after the  immortal  line  Call me   Ishmael,  Herman
Melville's Moby  Dick  proceeds  with a reflection on the attraction of
water.' According to Melville, humans  are drawn to water because  we
ourselves see in all rivers and oceans. It is the image of the ungraspable
phantom   of life; and this is the key of it all.2 Should there be any doubt
about  the accuracy  of Melville's assessment, the news  is filled with
events  that are reminders  of  the continuing  centrality of water to
modern  civilization. For example, contaminated drinking water in Flint,
Michigan  led to a political controversy that spilled into the presidential
primary.3 California's multi-year  lack of water  occupied   numerous
newspaper  headlines.! In Toledo, Ohio, a summer  algae bloom on Lake
Erie briefly made  the  city's water undrinkable  and damaged   public
perception of the city.'




Copyright @ 2016 Peter G. Berris.
J.D. Candidate, Duke University School of Law, Class of 2017.
    1. See HERMAN MELVILLE, MOBY DICK 3-5 (1851) (ruminating about why humans are
drawn to bodies of water).
    2. Id. at 5.
    3. See Amy Chozick & Patrick Healy, In Democratic Debate, Bernie Sanders Pushes
Hillary Clinton on Trade and Jobs, N.Y. TIMES (March 6, 2016), http://www.nytimes.com
/2016/03/07/us/politics/democratic-debate.html (discussing agreement between Democratic
presidential hopefuls Bernie Sanders and Hillary Clinton over the Flint water crisis during a
Democratic debate).
    4. See, e.g., Matt Stevens, Reservoirs are getting a big boost from 'Miracle March' - but the
drought isn't over yet, L.A. TIMES (March 18, 2016), http://www.latimes.com/local /california/la-
me-california-drought-20160318-story.html (evaluating the state of the California drought in light
of El Nifio weather conditions).
    5. See Tom Henry, Toxic algae struggles leave Toledo's reputation hanging in the balance,
THE  BLADE   (Aug. 2, 2015), http://www.toledoblade.com/local/2015/08/02/Toxic-algae-
strugglesleave-city-s-reputationhanging-in-the-balance.html (summarizing the ramifications of
the Lake Erie algae bloom for the city of Toledo).

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