Press Release
January 20, 2026
Richmond, VA—Chesapeake Legal Alliance (CLA), on behalf of the Rappahannock Tribe, has filed a Petition for Appeal in the Circuit Court of Richmond County challenging a Virginia Department of Environmental Quality (DEQ) Water Protection Permit authorizing Caroline County to withdraw up to 9 million gallons of water per day from the Rappahannock River.
The permit, issued in November 2025, allows a withdrawal amount far exceeding current demand. Caroline County’s average public water use is approximately 1.1 million gallons per day—less than one-eighth of what DEQ approved. The Petition asserts that DEQ acted arbitrarily and capriciously by approving an excessive and speculative withdrawal based on inflated growth projections and without requiring critical planning documents mandated by state law, including a drought response plan, long-term conservation measures, and a meaningful alternatives analysis.
The Tribe’s appeal further challenges DEQ’s failure to adequately consider cumulative impacts to the River, including the effects of increasing surface water withdrawals during periods of drought. The Rappahannock River has experienced recurring drought conditions in recent years, and scientific agencies have warned that excessive withdrawals threaten instream flows, water quality, and aquatic habitat. Despite these risks, the permit allows large withdrawals even during low-flow conditions and authorizes an interbasin transfer of water out of the Rappahannock watershed to the Mattaponi River basin.
The Petition also alleges that DEQ unlawfully infringed on the Rappahannock Tribe’s treaty-reserved property and water rights, including federally protected reserved rights under Winters v. United States (1908). The River is central to the Tribe’s culture, identity, and survival, supporting treaty-protected fishing, oystering, wild rice harvesting, and ceremonial practices that depend on sufficient flow, water quality, and salinity balance. The Tribe asserts that DEQ failed to ensure that adequate water would remain available to sustain these uses, particularly during droughts and low-flow periods.
The affected stretch of the Rappahannock River also provides critical habitat for imperiled species, including Atlantic sturgeon and river herring, and supports ecologically important tidal freshwater wetlands. The Petition documents concerns raised by state and federal resource agencies about the impacts of large-scale withdrawals and interbasin transfers on fish migration, spawning habitat, and water quality—concerns the Tribe argues DEQ failed to meaningfully address before issuing the permit.
“This case is about whether state agencies can approve massive water withdrawals without fully understanding their consequences for rivers, communities, and Tribal Nations,” said Brett Grosko, CLA Senior Attorney and Litigation Director. “DEQ issued this permit without the information required by law and without ensuring that the Rappahannock Tribe’s treaty-protected rights and living cultural practices would be protected.”
The Petition asks the Court to invalidate and vacate the Water Protection Permit and remand it to DEQ for further review, requiring completion of missing studies, meaningful consultation with the Tribe, and a lawful evaluation of alternatives and cumulative impacts.
The case is currently pending before the Circuit Court of Richmond County.
_____
Chesapeake Legal Alliance is a 501(c)(3) nonprofit organization dedicated to providing free legal services, with a mission to apply the power of the law to protect and restore clean water and promote healthy, resilient ecosystems for communities across the Chesapeake Bay watershed.
Brett Grosko, Senior Attorney and Director of Litigation, Chesapeake Legal Alliance, brett@chesapeakelegal.org, (410) 216-9441, ext. 205
