Virginia Undecided on Aquifer Water Allocation
Virginia is grappling with a critical policy decision regarding the allocation of groundwater from the refilled Potomac aquifer, a state study reveals. The Department of Environmental Quality's report highlights challenges in balancing existing water permits with the needs of various users, including potential demands from data centers. Lawmakers are being urged to resolve these complex water rights and compensation issues, with one senator proposing a statewide halt on data center approvals.
A state study released by the Virginia Department of Environmental Quality (DEQ) in July has brought to light a significant dilemma regarding groundwater allocation from the Potomac aquifer, which supplies 70% of eastern Virginia's regulated groundwater. Researcher Tommy Turner highlights that despite recent rain, the confined aquifer primarily recharges when pumping decreases, as observed after the Franklin paper mill closure in 2010.
The Hampton Roads Sanitation District's $2.9 billion SWIFT program, which injects treated wastewater back into the aquifer, is seen as a key strategy, with full-scale injection beginning at the James River plant this fall and Nansemond in 2029. However, the DEQ study cautions that the benefits of these injections for permit decisions can only count as measured, not projected, and warns that gains could be transient if injections are suspended. Under current law, drinking water has priority, followed by a "first-come, first-served" approach for other withdrawals. DEQ is asking the General Assembly to clarify how these priorities should be reconciled, noting the difficulty in sorting water use for residential, commercial, and industrial customers.
The debate extends to the question of whether those funding the aquifer's recharge, such as through sewer bills, have a claim to the water. This has not been decided, even as the money for the SWIFT program is already being spent. Various claimants are lining up, including major groundwater permit holders wanting their allocations restored, and the James City Service Authority, whose permit expires in February. Furthermore, the aquifer itself has an interest in maintaining levels to prevent subsidence and saltwater intrusion. Data centers are also expected to argue for access to the replenished aquifer.
In response to these pressing issues, two senators have called for a special legislative session, and a third senator has proposed halting all data center approvals statewide. Governor Abigail Spanberger has not yet responded to these calls. Richmond faces a deadline to decide on these critical water rights before the fall injection begins, determining whether Virginia will move beyond its current "first-come, first-served" system.