VIRGINIA V. MARYLAND: THE UNITED STATES SUPREME COURT RESOLVED WHETHER MARYLAND HAS THE REGULATORY AUTHORITY OVER VIRGINIA'S USE OF THE POTOMAC RIVER

In Virginia v. Maryland, 1 the United States Supreme Court held that the Commonwealth of Virginia has both the right to withdraw water from the Potomac River ("Potomac") and the right to build waterway improvements beyond the low water mark along the Virginia shore without regulation by the State of Maryland. 2 Although the Potomac is within the territorial boundary of Maryland, the 1785 Compact 4 do not authorize Maryland's practice of regulating Virginia's exercise of its riparian rights. 5 Since 1933, through the establishment of a permitting system, Maryland has set out to regulate water usage and waterway construction within its territory (i.e. the Potomac). 6 For the first time, in 1957, a Virginia municipal corporation sought a water withdrawal permit, which was subsequently granted. 7 The first waterway construction permit was issued in 1968. 8 In 1997, the Maryland Department of Environment (MDE), however, denied a permit sought by the Fairfax County Water Authority (FCWA) for a water intake structure 9 that was designed to improve water quality for Virginia residents. 10 Maryland officials believed that this structure would promote urban sprawl within Northern Virginia and thus would harm Maryland's interests. 11 The MDE held that Virginia did not show "sufficient need" for the water intake structure. 12 Subsequently, for the first time, Maryland refused to issue "such a permit to a Virginia entity." 13 Virginia appealed Maryland's decision and pursued its administrative remedies through the MDE. 14 For more than ...