Water Fight in the East?

Fights over water have been common in the arid West, and they have developed a system for deciding who gets what little water is available. It is a first in time, first in right approach that allows lots of people to withdraw water when the rainfall or snow melt is good, but only a lucky few, who have the oldest rights of withdrawal, get water during times of drought. This system provides some degree of certainty to water users, and allows the owners of water rights to sell those rights to others, meaning the water can go to those who presumably can make the most productive use of the water. In theory.

In the East, we tend to follow the riparian model that developed in England, where there was plenty of water. The idea was that you could use as much of a stream flow as you wished, as long as you didn't harm downstream users. Generally, in the East, the problem was managing too much water, as everyone tried to slough off extra water onto those downgradient, to avoid being flooded.

Now, though, the East is seeing the same problems as the West, as there is not enough water for all uses, particularly in times of drought. States are contending over water supplies, as Georgia, Alabama and Florida are doing. Atlanta needs a lot of water for those in its metropolitan area, while downstream Georgia, Alabama, and Florida need the water for their populations, irrigation, and healthy fisheries in the Gulf. See this article from the Associated Press to learn more about the issue.

Don't think it can't happen in West Virginia. Particularly in the eastern part of the state, where our headwaters drain into the Potomac, the downstream users in Maryland and Virginia have been crying out for greater flow on many occasions. At some point, they may stifle development in West Virginia by claiming a preexisting right to water that flows out of the state. To try to forestall that, the Legislature enacted the Water Resources Protection and Management Act, WV Code Chapter 22, Article 26. It requires reporting of water withdrawals greater than 750,000 gallons per calendar month, so the state can keep track of who is using water, and for what. It also contains a legislative finding that the states waters should be available for the benefit of the citizens of West Virginia, while preserving individual rights.