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3 Va. J. Nat. Resources L. 181 (1983-1984)
Virginia's Water Law: Resolving the Interjurisdictional Transfer Issue

handle is hein.journals/velj3 and id is 187 raw text is: ARTICLES VIRGINIA'S WATER LAW: RESOLVING THE INTERJURISDICTIONAL TRANSFER ISSUE William E. Cox* and Leonard A. Shabman** Recent water shortages in urban areas of southeastern Virginia have led to the development of controversial water transfer pro- posals.' These proposals reveal the potential for competition among local governments in Virginia over water supplies. Virginia's present water allocation system consists of the common law system developed in the early days of the Commonwealth, as supple- mented by several relatively independent regulatory measures af- fecting water use. This system is an inadequate tool for resolving water allocation conflicts between local jurisdictions. This article proposes that the creation of a specialized adminis- trative mechanism to resolve conflicts over interjurisdictional water transfers for public water systems would be the most appro- priate and economically efficient modification of Virginia's present water allocation system. First, this article will explore water use in Virginia and the need for interjurisdictional water transfers. Sec- ond, it will outline the current water allocation system in Virginia and analyze its ability to resolve conflicts associated with in- terjurisdictional water transfers. Third, it will examine the imple- mentation and operation of the proposed administrative allocation mechanism. Finally, it will scrutinize the legal impediments to the adoption of such an administrative allocation mechanism. I. WATER DEMAND AND WATER AVAILABILITY IN VIRGINIA Projections prepared for the Virginia State Water Study Com- mission estimate water demand in the year 2000 for Virginia's four * Associate Professor of Civil Engineering, Virginia Polytechnic Institute and State Uni- versity. B.S. 1966, Virginia Polytechnic Institute and State University; M.S. 1968, Virginia Polytechnic Institute and State University; Ph.D. 1976, Virginia Polytechnic Institute and State University. ** Professor of Agricultural Economics, Virginia Polytechnic Institute and State Univer- sity. B.S. 1967, University of Massachusetts; M.S. 1969, Cornell University; Ph.D. 1973, Cor- nell University. ' See Hrezo, Norfolk vs. Suffolk: Proposed Agreement Leaves Issues Unsettled (Virginia Water Resources Research Center Special Report No. 14, Nov. 1980).