SD15 - Report of the State Water Study Commission

  • Published: 1981
  • Author: State Water Study Commission
  • Enabling Authority: Senate Joint Resolution 36 (Regular Session, 1980)

Executive Summary:

In 1977 the General Assembly adopted House Joint Resolution No 236, which called for a study of the water supply and allocation problems of Northern Virginia and southeastern Virginia. The Resolution asked that the study include an identification of the nature and extent of such problems, together with suggestions for their alleviation. Dividing its work among three subcommittees, the Commission made some progress, holding six public meeting or hearings.

An early conclusion of this study was that the existing common law doctrine of riparian rights is an obstacle to several attractive and viable alternatives for solving the water supply and allocation problems in both geographic areas. An analysis of legal problems was prepared for the Commission by the Young Lawyers Section of the Virginia Bar Association, but time did not allow the development of a recommended solution to these problems. Recommendations were made concerning the most promising alternatives available in Northern Virginia.

The Commission additionally proposed legislation to (1) enable local governments to require the use of water saving devices and (2) establish a water withdrawal permit system in the Potomac River Basin. The first of these proposals was enacted into law. Rather than adopt the second one as proposed, the General Assembly chose to reaffirm the Commonwealth's riparian rights to the Potomac.

An additional recommendation sought the expansion of the Commission to reflect its statewide constituency, as well as its extension for at least one year. This was accomplished by the adoption of Senate Joint Resolution No.1 in the 1978 General Assembly. An appropriation of $325,000 was made to support the work of the Commission through a two-year extension.

In 1978 and 1979 the Commission contracted for (1) a study of available groundwater in southeastern Virginians, (2) a study of the legal and economic implications of changing Virginia's water allocation institutions, and (3) the development of alternative provisions for a comprehensive new water code incorporating groundwater, surface water management, and water quality control. In addition, the Commission addressed the particular water problems of middle Virginia by sharing in the purchase of a completed water supply study undertaken for the Rappahannock Service Authority area.

The groundwater study was completed, indicating a large volume of potential groundwater supply in southeastern Virginia, and was reported to the public. Preliminary results of the other two studies were presented in the Commission's December 1979 report; the studies, however, were incomplete, leading to the recommendation for a continuation of the Commission.

The Commission further recommended the creation of a metropolitan Washington water supply task force to develop and implement a regional water supply solution based on data from the most recent Corps of Engineers study. It was suggested that, if the regional approach was not productive, the Commonwealth should be prepared to take legal action to protect the rights of Virginians to the use of Potomac water.

Senate Joint Resolution No. 36 (the text of which is contained in the Appendices to this report), adopted by the 1980 General assembly, authorized the State Water Study Commission to continue the study of water supply and allocation problems which it had begun several years earlier. The Commission was again directed to report to the Governor and General Assembly and recommend any measures necessary to guarantee to all Virginia Citizens an adequate and dependable water supply.