The Rappahannock Tribe secured a significant legal victory this week after a Virginia court ruled that the Tribe can continue pursuing claims tied to treaty rights and reserved water rights in its challenge to a state-approved water withdrawal permit.
At a hearing on Monday, June 8, the Richmond County Circuit Court denied motions by the Virginia Department of Environmental Quality (DEQ) and Caroline County to dismiss the Tribe’s claims involving the Treaty of Middle Plantation and Indigenous reserved water rights. The decision allows those arguments to be heard as part of the Tribe’s broader appeal of a permit authorizing the withdrawal of up to 9 million gallons of water per day from the Rappahannock River.
Under the proposed project, water would be taken from the Rappahannock River without residual return, with any remaining discharge directed into the Mattaponi River watershed.
“I don’t see any scientific data that remotely evaluates the impacts of this volume of water withdrawal on river flows and renewal, aquatic species, our riparian buffers and wetlands, which filter our water and support an array of flora and fauna,” said Chief Anne Richardson. “I believe this permit poses a major threat to the health and welfare of both rivers and all life that depends on them, including us.”
The Tribe has argued that there is insufficient scientific evidence assessing the environmental impacts of withdrawing 9 million gallons of water daily and questioned whether Caroline County has demonstrated a need for that volume. According to the Tribe, the county currently uses approximately 1 million gallons per day for its drinking water supply, and existing growth projections do not justify the proposed increase.
The court’s ruling also permits the Tribe to argue that the approved withdrawal could interfere with treaty-protected rights to fish, harvest oysters, and gather resources from the river. Indigenous reserved water rights recognize that Native nations may retain sufficient water resources to support present and future reservation needs.
In addition, the court found that the Tribe possesses legally protected interests, including riparian ownership rights, that are sufficient to allow its claims to proceed. The judge also rejected DEQ’s argument that sovereign immunity bars the Tribe from bringing treaty-based claims in the case.
The next phase of the litigation will require DEQ and Caroline County to submit briefs addressing the Tribe’s appeal within 30 days. After those filings, the court is expected to schedule a hearing on the merits of the case.
Meanwhile, a separate regulatory review remains pending before the Virginia Marine Resources Commission (VMRC), which must consider a permit for construction of the proposed water intake structure associated with the project. A public hearing is expected to take place on June 23, 2026, at the VMRC’s headquarters in Fort Monroe, Virginia, where members of the public will have an opportunity to comment.
The Rappahannock Tribe said it remains committed to protecting the Rappahannock River and ensuring that decisions affecting its waters fully account for environmental impacts, Tribal sovereignty, and legally protected rights.
