Grandfathered Water Intakes

It has been estimated that as little as 20% of surface water withdrawals in Virginia have state permits. This situation stems primarily from pre-1989 statutory exemptions that grandfathered existing water intakes. Although state law requires a permit whenever an entity expands usage beyond its historical baseline or modifies a water intake structure, limited oversight appears likely to have allowed many users to increase water usage without applying for required permits. To directly address this gap, this project will first review data on existing surface water withdrawals and models to evaluate the feasibility of establishing an accounting of historical intake patterns and comparison of this both to current use estimates of unpermitted withdrawals as well as permitted withdrawals, with a specific focus on Virginia’s Tidewater region. Then, the project will analyze the governing legal landscape, including overlapping regulatory jurisdictions, potential paths forward in the face of significant existing withdrawals that should have permits but do not, and the legal priorities for competing withdrawals after primary drinking water needs are satisfied.

• People and Entities Involved Outside of W&M:
  • VA Department of Environmental Quality
  • VA Marine Resources Commission
  • James River Association
• People and Entities at W&M Involved:
  • Thomas Ruppert, VCRC Director
  • Greg Fowler, VCRC Law Fellow
  • Skylar Hartgerink, W&M Environment & Sustainability, History; Class of 2027 (Fall 2026)