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High Court To Hear Md.-Va. Water Case

Mortgage Broker The U.S. Supreme Court wants the last word in the latest flare-up of a centuries-old dispute over who owns the waters of the Potomac, deciding whether Maryland can prevent Virginia from drawing water needed by its sprawling suburbs.

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Mortgage Lead The debate over Virginia's desire to extend a water intake pipe into the river has lasted for more than six years, but the controversy is rooted in Maryland's claim to ownership of the river "from shore to shore," which dates to a 1632 charter from King Charles I.

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Reverse Mortgage The court announced yesterday that it would hear oral arguments on Maryland's objection to the determination of a court-appointed special master, who concluded last year that Virginia had the right to take water from the river without Maryland's permission. The court may accept, reject or modify the special master's recommendation.

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Mortgage Quote The court said that the hearing would take place "in due course," which probably means in the fall, because its calendar is full and summer recess begins at the end of June.

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Florida Mortgage Although Virginia and Maryland have made their respective cases by parsing charters and compacts dating to the Colonial era, at the heart of their dispute is a very modern issue: suburban sprawl.

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California Mortgage Loan Virginia counties say they need unfettered access to the Potomac so they can meet the fresh-water needs of their rapidly expanding populations. Maryland officials say limitations on Virginia's use of the river are needed to preserve a limited natural resource.

Florida Mortgage Loan "We look forward to the opportunity to defend before the Supreme Court Maryland's historic ownership and regulation of this important natural resource," Maryland Attorney General J. Joseph Curran Jr. (D) said.

California Mortgage "I remain committed to ensuring that Virginians have access to water in an environmentally sound way and in a way that will ensure that Northern Virginia remains strong and vibrant," Virginia Attorney General Jerry W. Kilgore (R) said.

Bad Credit Loan Mortgage Maryland's claim to exclusive control of the Potomac dates to a 1632 charter issued to Lord Baltimore that delineated the extent of the new colony and awarded Maryland the entire river.

Commercial Mortgage Maryland also cites the Mount Vernon Compact of 1785, signed by Samuel Chase for Maryland and George Mason for Virginia, among others. The state adds that an 1877 arbitration decision, known as the Black-Jenkins Award, reaffirmed Maryland's sovereignty of the entire river up to the low-water mark on the Virginia shore -- and has been accepted by Virginia ever since.

Lowest Mortgage Rate But Virginia argues that none of those agreements ever surrendered its right to use the river water or build structures along it. And Virginia says it has not actually acquiesced to Maryland's control as long as Maryland claims.

Gmac Mortgage Virginia notes that in 2000, it took its first chance to sue Maryland after Maryland environmental officials denied the Fairfax County Water Authority a permit to pump water from the middle of the river in 1997.

Mortgage Payment Under the Constitution, disputes between the states go immediately to the Supreme Court, without stopping in the lower courts. But in the face of a tangled historical record, the justices asked Maine attorney Ralph I. Lancaster Jr. to act as a special master. His assignment was to gather facts and listen to legal arguments, then make his nonbinding recommendations to the court.

Mortgage Marketing In December, Lancaster told the court that "Virginia and its citizens have the right, free of regulation by Maryland, to construct improvements in the Potomac appurtenant to the Virginia shore and to withdraw water from the Potomac."

Reverse Mortgage For Senior He relied, in part, on a 1910 Supreme Court ruling in a dispute between Maryland and West Virginia, which, he said, recognized Virginia's "rights to the Potomac."

Mortgage Interest Rate In the meantime, Maryland issued a permit to Fairfax but imposed conditions to which Virginia still objects.

2nd Mortgage Rate The Loudoun County Sanitation Authority filed a brief urging the court to affirm the special master's recommendations, saying that the fast-growing county depends on greater access to water.

Florida Refinance Mortgage The authority's current customer base of 120,000 is projected to rise to 265,000 by 2020, and officials expect daily water demand to grow to 75 million gallons a day by then, a ninefold increase over 1990.

Current Mortgage Rate Loudoun probably will not be able to rely on Fairfax County to supply water, the brief said, and needs to build its own intake pipe and treatment plant.

Home Mortgage Rate Neal Fitzpatrick, executive director of the Audubon Naturalist Society, which filed a friend-of-the-court brief in support of Maryland, says that the Potomac is already overtaxed by the current demands placed on it.

Best Mortgage Rate "Our feeling was that Maryland is doing an adequate job, and to change the system to have Virginia in charge was not justified," Fitzpatrick said.

Texas Mortgage Rate By Charles Lane
Washington Post - 4/29/2003

Topic: Water

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