| No. 129, Original
In the
Supreme Court of the United States
COMMONWEALTH OF VIRGINIA,
Plaintiff,
v.
STATE OF MARYLAND,
Defendant.
VIRGINIA'S
BRIEF IN SUPPORT OF
MOTION FOR PARTIAL SUMMARY JUDGMENT
Preliminary Statement
This case involves the Commonwealth of Virginia's sovereign right to have access to,
and use of, the Potomac River, a vital interstate river that provides the single largest source of
drinking water for the Washington Metropolitan area. This controversy has arisen because the
State of Maryland has recently applied its state permitting laws in a manner that interferes with
Virginia's access rights in the non-tidal portion of the Potomac River. In addition, Maryland
enacted legislation earlier this year that forbids the construction by Virginia of any new water
intake structure in the non-tidal portion of the Potomac River prior to January 1, 2003. These
actions, intentionally targeted at Virginia, have interfered with and imperiled the efforts of
several Northern Virginia localities, including the Fairfax County Water Authority and the
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