Virginia v. Maryland — Stevens, J., dissenting

Summary

Justice Stevens, joined by Justice Kennedy, dissents, arguing that Maryland’s sovereign ownership of the Potomac River permits it to limit Virginia riparian landowners’ water withdrawals and that the Virginia‑Maryland Compact and the Black‑Jenkins Award do not grant Virginia unrestricted rights. He would sustain Maryland’s objections and dismiss Virginia’s complaint. The dissent notes that the majority’s view of Virginia’s rights is unsupported by the historical documents.