Virginia v. Maryland
Virginia's Fairfax County Water Authority sought permits from Maryland for construction of a water intake structure extending some 725 feet from the Virginia shore into the Potomac at a location above the tidal reach of the river. Frustrated with the slow progress of the application, Virginia filed a Bill of Complaint in the Supreme Court of the United States, which referred the matter to a Special Master. Virginia's complaint requested (1) a declaration that Virginia's right to use the Potomac and to construct improvements appurtenant to the Virginia shore apply upstream of the tidal reach of the Potomac, (2) a declaration that Maryland may not regulate the construction of such improvements, and (3) that Maryland may not require Virginia to obtain a permit to withdraw water from the Potomac. The Special Master recommended that the court enter judgment declaring that Virginia and its citizens have the right, free of regulation by Maryland, to construct improvements in the Potomac appurtenant to the Virginia shore and to withdraw water from the Potomac.
Questions Presented:
1. Do the rights granted to Virginia pursuant to Clause IV of the Black-Jenkins Award of 1877, Article VII of the Compact of 1785, and Article VII, Section 1, of the Potomac River Compact of 1958,
apply upstream of the tidal portion of the Potomac River?
2. Do Maryland's interstate compact obligations preclude it from requiring that Virginia, its governmental subdivisions and its citizens apply to Maryland for a waterway construction permit in
order to build improvements appurtenant to their properties on the Virginia shore of the Potomac River?
3. Do Maryland's interstate compact obligations preclude it from requiring that Virginia, its governmental subdivisions and its citizens apply to Maryland for a water appropriation permit in order
to withdraw water from the Potomac River?
