U.S. Water News Online
WASHINGTON -- Virginia may withdraw water from the Potomac River to supply fast-growing suburbs without getting permission from neighboring Maryland, the Supreme Court ruled.
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.
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 a 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.''
Maryland Gov. Robert Ehrlich, a Republican, said he wasn't surprised by the ruling since he understood that his Democratic predecessor, Parris Glendening, had pressed the dispute against the advice of his own top environmental regulators. Ehrlich said he had spoken with Virginia Gov. Mark R. Warner, who ``had thought a negotiation could be completed, but the decision was made to go to litigation and we lost.''
Maryland Attorney General J. Joseph Curran said in a statement that he was disappointed with the court's decision.
``We felt that Maryland's historic ownership of the Potomac would result in the State's victory in this case,'' Curran said.
Jeff Welsh, spokesman for the Maryland Department of the Environment, said his agency ``doesn't think there is going to be any noticeable impact on the river or our relationship with Virginia.''
The case is Maryland v. Virginia, No. 129, Origanl.
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