Press Release
June 11, 2026
Richmond, VA—Chesapeake Legal Alliance (CLA), representing the Rappahannock Tribe, has secured an important procedural victory in its challenge to a Virginia Department of Environmental Quality (DEQ) permit authorizing Caroline County to withdraw up to 9 million gallons of water per day from the Rappahannock River.
The Circuit Court denied DEQ's partial motion to dismiss, allowing all four of the Tribe's claims to proceed, including claims concerning treaty-reserved rights and the legality of the permit approval process. As detailed in CLA's recent court victory announcement, the ruling ensures that the Tribe will have the opportunity to fully present its case challenging a permit that authorizes withdrawals far exceeding the County's current water demand and could support speculative future development.
CLA filed the appeal on behalf of the Rappahannock Tribe in January 2026, challenging DEQ’s approval of a permit that authorizes more than three billion gallons of water per year to be withdrawn from the River. The Tribe argues that DEQ approved the permit without adequately evaluating alternatives, drought impacts, cumulative environmental effects, and impacts to the Tribe’s treaty-reserved rights and cultural practices.
The Tribe has raised concerns that the permit could reduce river flows, increase salinity, and negatively affect fisheries, oyster grounds, wild rice habitat, and other resources that have sustained Tribal communities for generations. The project also includes an interbasin transfer that would move water from the Rappahannock watershed to the Mattaponi River basin.
“Approving a project that allows nine times the demonstrated water needs for the County, and relying on speculative need and studies that have yet to be completed or even started, is not in the interest of the public, the River, or the Tribe,” said David Reed, Executive Director of Chesapeake Legal Alliance. “The Court’s decision ensures that these concerns—and the Tribe’s rights—will receive full consideration.”
The appeal alleges that DEQ failed to comply with Virginia law governing surface water withdrawals and failed to adequately consider the impacts of the permit on the Tribe’s treaty-protected fishing, oystering, wild rice harvesting, and other cultural and ceremonial practices that depend on a healthy Rappahannock River.
Since fall 2025, CLA has worked alongside the Rappahannock Tribe to protect Tribal rights, safeguard the ecological health of the Rappahannock River, and ensure that major water withdrawal decisions are based on sound science and lawful review.
The case remains pending before the Circuit Court of Richmond County.
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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.
The Rappahannock Tribe is a federally recognized Tribal Nation whose ancestral lands and cultural traditions are deeply connected to the Rappahannock River. The Tribe works to preserve its treaty rights, cultural heritage, natural resources, and traditional practices for future generations.
David Reed, Executive Director, Chesapeake Legal Alliance, david@chesapeakelegal.org, (410) 216-9441 ext. 201
Brett Grosko, Senior Attorney & Director of Litigation, Chesapeake Legal Alliance, brett@chesapeakelegal.org, (410) 216-9441, ext. 205
