The Richmond County Circuit Court in Warsaw issued a favorable ruling for the Rappahannock Tribe on Monday in an ongoing legal challenge to the Virginia Department of Environmental Quality’s approval of Caroline County’s water withdrawal permit.
The court denied motions filed by DEQ and Caroline attorneys seeking to dismiss the Tribe’s claims regarding the Treaty of Middle Plantation and reserved water rights. As a result, the Tribe will be permitted to present these claims as part of the full hearing on its appeal of Caroline’s permit, which seeks to withdraw 9 million gallons of water per day from the Rappahannock River and transfer residuals into the Mattaponi River.
Rappahannock Tribe Chief Anne Richardson addressed the matter in a press release.
“I don’t see any scientific data that remotely evaluates the impacts of this volume of water withdrawal on river flows and renewal, aquatic species, our riparian buffers and wetlands, which filter our water and support an array of flora and fauna,” Richardson said. “I believe this permit poses a major threat to the health and welfare of both rivers and all life that depends on them, including us.”
After more than a year of public hearings and debate, DEQ approved Caroline’s permit application late last year. The Rappahannock Tribe announced shortly thereafter that it would appeal the decision.
The Caroline Board of Supervisors initially voted in 2024 to condemn a portion of a farmer’s land in Rappahannock Academy to construct an intake facility that would transport water to a treatment plant to serve homes and businesses on the western side of the county. Later that year, after State Sen. Richard Stuart (R-Westmoreland) and others spoke out against its plans, the county removed the term “industrial cooling” from its permit application and lowered the amount request to 9 million gallons. Caroline officials are hopeful the Rappahannock withdrawal comes to fruition to address major water quality issues in the Town of Bowling Green and other parts of the county.
According to Tribe officials, the court’s decision on Monday will allow it to argue that the permitted withdrawal amount infringes on the Tribe’s treaty-protected rights to fish, oyster, and gather.
The court also ruled that the Tribe has legally protected interests, including riparian ownership, and recognized that those interests are sufficient enough to allow the Tribe’s claims to move forward. The court rejected DEQ’s claim that sovereign immunity prevents the Tribe from bringing treaty-based claims in the case.
DEQ and Caroline must now file briefs within 30 days addressing the Tribe’s appeal. Following that briefing period, the court is expected to schedule a hearing on the full merits of the case.
In another matter related to the case, the Virginia Marine Resources Commission will hold a public hearing on June 23 at 9:30 a.m. on Caroline’s permit to construct the water intake facility. The hearing will be held at the VMRC main office at 3880 Fenwick Road, Ft. Monroe, Virginia, 23651.
