For 400 years Maryland and Virginia have disputed control of the Potomac and its North Branch, since both states' original colonial charters grant the entire river rather than half of it as is normally the case with boundary rivers. In its first state constitution adopted in 1776, Virginia ceded its claim to the entire river but reserved free use of it, an act disputed by Maryland. Both states acceded to the Compact of 1785 and the 1877 Black-Jenkins Award which grants Maryland the river bank-to-bank from the low water mark on the Virginia side, while permitting Virginia full riparian rights short of obstructing navigation.
From 1957 to 1996, the Maryland Department of the Environment (MDE) routinely issued permits applied for by Virginia entities concerning use of the Potomac. However, in 1996 the MDE denied a permit submitted by the Fairfax County Water Authority to build a water intake 725 feet (220 m) offshore, citing potential harm to Maryland's interests by an increase in Virginia sprawl caused by the project. After years of failed appeals within the Maryland government's appeal processes, in 2000 Virginia took the case to the Supreme Court of the United States, which exercises original jurisdiction in cases between two states. Maryland claimed Virginia lost its riparian rights by acquiescing to MDE's permit process for 63 years (MDE began its permit process in 1933). A Special Master appointed by the Supreme Court to investigate recommended the case be settled in favor of Virginia, citing the language in the 1785 Compact and the 1877 Award. On December 9, 2003, the Court agreed in a 7-2 decision.
The original charters are silent as to which branch from the upper Potomac serves as the boundary, but this was settled by the 1785 Compact. When West Virginia seceded from Virginia in 1863, the question of West Virginia's succession in title to the lands between the branches of the river was raised, as well as title to the river itself. Claims by Maryland to West Virginia land north of the South Branch (all of Mineral and Grant Counties and parts of Hampshire, Hardy, Tucker and Pendleton Counties) and by West Virginia to the Potomac's high water mark were rejected by the Supreme Court in two separate decisions in 1910.
Read more about this topic: Potomac River
Other articles related to "legal issues, issues, issue":
... Since it is a Mutual Homes Association, there have been legal challenges to its inclusion under the Davis-Stirling Act (certain sections of the California Civil Code which cover Common Interest Developments) ... The Corporation lawyer advises that the Corporation include it under the Act, although in a court case, DeForrest v ...
... In 2004 due to legal issues the album Remembering White Lion was re-released under the new title Last Roar featuring the band name Tramp's White Lion ... the act Tramp's White Lion, this however did not stop the persistant legal issues with former members ... Despite all the issues 'TWL' (aka White Lion 2) played and re recorded White Lion songs, touring and releasing a double-live CD entitled Rocking the USA in 2005 ...
... Due to legal issues, the band changed their name to Faber Drive ... their name to Faber Drive to avoid potential legal issues ... would later change their name to "Faber Drive" to avoid potential legal issues and would go on tour to promote their debut album titled "Seven Second Surgery" ...
... Related to the second issue was a question as to whether the telegram from D at 1.25pm effectively revoked the original offer, notwithstanding that it was not received by P until after P had accepted the offer ...
Famous quotes containing the words issues and/or legal:
“Cynicism formulates issues clearly, but only to dismiss them.”
—Mason Cooley (b. 1927)
“I am opposed to writing about the private lives of living authors and psychoanalyzing them while they are alive. Criticism is getting all mixed up with a combination of the Junior F.B.I.- men, discards from Freud and Jung and a sort of Columnist peep- hole and missing laundry list school.... Every young English professor sees gold in them dirty sheets now. Imagine what they can do with the soiled sheets of four legal beds by the same writer and you can see why their tongues are slavering.”
—Ernest Hemingway (18991961)