Water Rights and Ownership in the Heart of the Mississippi Embayment
Presented by: C. Michael Ellingburg, Esq.
In-Person
Where: The Petroleum Club of Shreveport, 15th floor
Member Cost: $25 • Non-Member Cost: $35
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Virtual
Via Zoom
Member Cost: $10 • Non-Member Cost $15
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C. Michael Ellingburg, Esq.
Michael an active member of both the Mississippi and Alabama State Bar Associations and has been engaged as lead counsel in cases in Louisiana, Florida, Tennessee, North Carolina, and New Jersey.
Abstract
Groundwater is an increasingly scarce and expensive source of water which is subject to State and/or Federal law depending on both the groundwater location and source(s) of recharge. Like many areas of study, most of the original investigators of groundwater were civil engineers focused on its capture. But ultimately the science of groundwater hydrology developed as a subdivision of the science of hydrology requiring the application of the physical, biological, and mathematical sciences. Heath, Ralph C., 1983, basic ground-water hydrology: U.S. Geological Survey Water-Supply Paper 2220 (1983), 86 p. ISBN 0-607-68973-0. While the USGS has consistently moved this science forward the law has lagged behind and effectively been lapped. Nevertheless, litigation over water and related groundwater rights and activities impacting groundwater rights is growing common.
It is important to understand that almost all human activity above and below the surface of the earth may have an impact on the water rights of adjoining landowners or land authorities and should be considered as part of a geological exploration in anticipation of development of land above or below ground, including but not limited to oil and gas development, waste disposal, construction activities, and groundwater development.
Biography
Mike Ellingburg graduated from Millsaps College in 1973 and obtained his J.D. in law from the University of Mississippi School of Law in May 1976. The next day he went to work for a law firm now named Daniel Coker Horton & Bell, P.A. for its founding partner who hired him to work on large complex cases, and this became his primary area of responsibility along with handling expert witnesses in a broad range of fields.
As counsel arguing the appeal of a United States District Court and subsequently lead counsel in and original action in the United States Supreme Court, Mississippi v. Tennessee, Mike spent almost a decade learning geology and groundwater hydrogeology and the related groundwater law.
He is an active member of both the Mississippi and Alabama State Bar Associations and has been engaged as lead counsel in cases in Louisiana, Florida, Tennessee, North Carolina, and New Jersey.
Mike has spoken to diverse groups of lawyers and nonlawyers during his career including the ASBOG, and he holds the highest peer review ratings in a broad range of practice areas.
