Maryland to cease Potomac permitting

In early November, Morrisey wrote a letter addressed to both Brian Frosh, Maryland attorney general, and Benjamin Grumbles, Maryland secretary of the environment, outlining concerns he had about West Virginia’s access to the Potomac River.

As stated in the letter, “the Maryland Department of the Environment asserts the authority to issue permits to regulate new construction on West Virginia’s side of the Potomac and limit the amount of water that the State’s water treatment facilities can withdraw from the river,” Morrisey wrote.

“For example, MDE has purported to limit a Berkeley County water treatment facility’s intake to four million gallons per day, when the facility requested and has an urgent need to operate at six million gallons per day.”

Essentially, Morrisey said Maryland had no right to impose those regulations based on a U.S. Supreme Court ruling, which states Maryland has no authority to regulate or limit the State of Virginia’s sovereign right to enjoy the Potomac River below the low-water mark of the river’s southern border. Since West Virginia was originally part of Virginia, the rule equally applies to the Mountain State.

In the letter, Morrisey made clear that he would file a lawsuit against Maryland if the state did not respond in writing by Nov. 23 acknowledging West Virginia’s rights.

In a letter dated Nov. 22 from the Maryland attorney general’s office, the state said it has acknowledged West Virginia’s rights for quite some time, and water appropriation permits have been issues to West Virginia users per their requests.

At the conclusion of the letter, Maryland stated that it would cease permitting.

“But whatever approach West Virginia decided to take, Maryland is prepared to cease reviewing and issuing water appropriation and use permits for West Virginia users on the Potomac,” reads the letter, which is signed by both Frosh and Grumbles.

Morrisey applauded the letter.

“I welcome Maryland’s willingness to cease its efforts to regulate West Virginia’s use of the Potomac River,” Morrisey said. “It’s unequivocal acknowledgment of West Virginia’s right to the river represents an important step in protecting residential and commercial development in a rapidly-growing part of our state. My office continues to review the matter and will evaluate what next steps, if any, are necessary.”

In Morrisey’s own letter, he referenced the Procter & Gamble plant that will soon open in Berkeley County as a need for unrestricted access to water, as it is expected to require over a million gallons of water a day, as well as generate additional industrial and residential demand for water in surrounding areas.

In the Maryland letter, the state extends a hand to West Virginia to help manage and protect the water of the Potomac.

“We invite West Virginia, as a member of the federal Interstate Compact for the Potomac River Basin, to join Virginia and Maryland in taking the measures necessary to ensure that these resources are adequately managed and protected,” the letter states. “If West Virginia wishes to take that step, representatives of MDE are prepared to provide whatever assistance they can in transitioning the regulation of water appropriations.”

Morrisey said he to cooperate with Maryland in order to ensure equal water rights for all parties involved.

“Given Maryland’s admission of West Virginia’s rights, we no longer believe litigation is necessary at this time. Instead, we intend to work cooperatively with stakeholders both in West Virginia and Maryland to determine logistically what steps might be necessary to guarantee West Virginia’s permanent autonomy over additional construction and use of water on our side of the Potomac,” Morrisey said. “It has always been our goal to ensure that there is an adequate amount of water available for our citizens, while at the same time protecting and conserving this valuable resource for future generations. Our next steps will seek to achieve this balance.

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