Supreme Court Approves Va. Claim to River Water

December 9, 2003

Virginia may withdraw water from the Potomac River to supply fast-growing suburbs without getting permission from neighboring Maryland, the Supreme Court ruled today.

Relying on centuries-old treaties, the court ruled 7-2 in a long-running dispute over growth and development around Washington, D.C.

Maryland owns the Potomac under a 1632 land grant from King Charles I, but a 1785 compact between the states gave Virginia certain water rights. The states have squabbled over water and fishing rights in the river for hundreds of years.

The most recent controversy stems from a 1996 application by Fairfax County, Va., to build an intake pipe extending farther into the river to serve its 1.2 million customers. Fairfax said its existing pipe draws water that is too muddy.

Maryland fought the project, arguing that its historical control over the riverbed gave it say-so over Virginia's water plans. The pipe went into use last summer, while the litigation continued.

The Supreme Court appointed an outside arbitrator who sided with Virginia last year, and the high court affirmed that outcome today.

The 1785 treaty allows Virginia to make various shoreline improvements and withdraw water, Chief Justice William H. Rehnquist wrote for the majority.

Justices John Paul Stevens and Anthony Kennedy dissented, arguing that Maryland owns the riverbed and retains control over its use.

"This is major victory for economic development and quality of life in northern Virginia," Virginia Attorney General Jerry Kilgore said in a statement. "Ensuring that Virginians have access to water in an environmentally sound way will help ensure that northern Virginia remains vibrant and strong."

Source:

The Associated Press

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