The Rappahannock Tribe has filed a challenge to Caroline County’s water withdrawal permit that the Virginia Department of Environmental Quality (DEQ) approved in November.
The Tribe contends that DEQ did not grant its requests that it conduct visual and auditory impact modeling before the final selection of the site of the water intake facility, and the agency did not meet with the Tribe to discuss ways to reduce negative impacts on the Rappahannock and the Mattaponi rivers.
Caroline’s permit calls for it to withdraw up to 9 million gallons of water per day from the Rappahannock via an intake facility at 19095 Tidewater Trail (U.S. Route 17) that would transport water 35 miles through U.S. Route 301 and State Route 207, before reaching its terminus at a wastewater treatment plant on Gravel Hill Road off U.S. Route 1 in the Carmel Church area.
The plan also calls for a transfer of water to the Mattaponi River. A statement from the Rappahannock Tribe said that its appeal “is intended to defend both the Rappahannock and Mattaponi rivers, uphold tribal sovereignty and treaty rights, and demand accountability in the Commonwealth’s water permitting process.”
“We raised concerns throughout the permitting process regarding inadequate consultation, impacts on cultural resources, violation of treaty rights, and violation of the Tribe’s constitutional ‘Rights of Nature’ provisions,” Tribe Chief Anne Richardson said. “Despite these concerns, the permit was approved without meaningful Tribal consultation.”
The Caroline Board of Supervisors initially voted in June 2024 to withdraw 13.9 million gallons per day from the Rappahannock. Its plan is to obtain 11 acres of land from farmer Cory Garrett through the eminent domain process. In November 2024, county officials removed the need for “industrial cooling” from its permit and lowered the request to 9 million gallons.
The permit was approved this past fall, with DEQ Office of Water Withdrawal Permitting and Compliance Manager Eric Seavey writing to the county on Nov. 26 that its permit is valid for 15 years from the date of issuance.
Board of Supervisors Chair Clay Forehand said he’s confident that DEQ’s decision to issue the permit will stand after the Tribe’s appeal.
“I don’t know the minutia of what would throw it back to the DEQ,” Forehand said. “I know our involvement is very limited. Basically, we’re present to provide any additional data or additional perspective … We’re not a third party entirely, but we’re more of a third party than a first party.”
Forehand said now that the permit is granted, the next step in the county’s plan is to get past the Tribe’s appeal and then move forward with the eminent domain process for the water intake facility.
Without the permit, said Forehand, there would be no need for the condemnation of Garrett’s land. He noted that the county already spent millions of dollars on testing the proposed site, so it’s highly unlikely that officials will pursue other options.
“We’re very invested with taxpayer money in that one spot,” Forehand said. “So, I don’t expect us to pursue other locations because it would be counter to the permit and it would require the same types of studies and expenses that we’ve already done.”
The Tribe’s statement about its appeal questioned the county’s need for the facility, noting the removal of “industrial cooling,” presumably for data centers, from the original permit request. The Tribe is requesting clarification on the data supporting projected residential growth that would justify the county increasing its usage level from one to nine million gallons per day.
A study from the University of Virginia’s Weldon Cooper Center noted that the county is the fourth-fastest growing locality in the state at 9.3% since 2020. But the Tribe believes the county did not consider alternative options, such as purchasing finished water from other jurisdictions, and that the county and DEQ failed to elaborate on why alternatives were not pursued. Forehand said the county explored multiple options.
“We’re hoping to secure a long-term reliable fresh water source for the county for its current residents and any growth because our current system is a well system and the state is already heavily regulating and denying requests to drill more wells, and the aquifer is at-risk,” Forehand said. “That’s how we get our water. We get more water by drilling more wells. If they’re limiting those and the aquifer is in peril, then we’re pretty much forced to pursue other routes. We spent a bunch of money trying to be told by the people that know this kind of stuff what our options are, and our only option is the river.”
Forehand also said the county may take over the Town of Bowling Green’s water supply once the project is completed, although town officials recently secured $6.2 million in grant funding from the Virginia Department of Health to address Gross Alpha emitters in its drinking water.
Residents on the western side of the county are experiencing water quality issues as well, but many are customers of Aqua Virginia, a private company that operates in multiple subdivisions in that area.
“I feel confident that once we get the pipe secured from the river, whenever that may be, that we will be the water provider to Bowling Green because they have, as you know, some significant issues with their water supply as well,” Forehand said. “The [Lake Land’Or and Lake Caroline subdivisions], that’s a different issue entirely, because that’s owned by a private corporation and we really can’t interfere unless we condemn it and that would cost an enormous amount of money that we’re not prepared to fork out.”
The Tribe’s statement also expressed concern that the impact of the water withdrawal process will harm fish species, especially Atlantic Sturgeon, which it claims is prevalent near the proposed intake area. The Tribe states that the stretch of the Rappahannock is designated as a critical habitat for Atlantic Sturgeon under the Endangered Species Act. The Tribe also objects to the inter-basin transfer to the Mattaponi because it believes that may impact water quality, salinity, and temperature that could harm ecosystems.
“The Tribe is demanding clarity on the condition of the water once it has been used and how its return to the Mattaponi River could affect aquatic life and ecosystems,” the statement read.
The Tribe noted that it is a federally recognized sovereign nation and believes it should have a seat at the table when decisions about the Rappahannock River, which it calls its “ancestral waters,” occur.
“The Tribe specifically requested consultation during this process, and the [DEQ] chose not to engage them in any meaningful way, instead failing to even notify the Tribe when the permit was approved,” said David Reed, executive director of the Chesapeake Legal Alliance and counsel for the Tribe.
