76
Opinion of the Court
We next consider whether Virginia has lost her sovereign riparian rights by acquiescing in Maryland's regulation of her water withdrawal and waterway construction activities. We recently considered in depth the "affirmative defense of prescription and acquiescence" in New Jersey, 523 U. S., at 807. To succeed in her defense, Maryland must " 'show by a preponderance of the evidence . . . a long and continuous . . . assertion of sovereignty over' " Virginia's riparian activities, as well as Virginia's acquiescence in her prescriptive acts. Id., at 787 (quoting Illinois v. Kentucky, 500 U. S. 380, 384 (1991)). Maryland has not carried her burden.
Although "we have never established a minimum period of prescription" necessary for one State to prevail over a coequal sovereign on a claim of prescription and acquiescence, New Jersey, 523 U. S., at 789, we have noted that the period must be "substantial," id., at 786. Maryland asserts that in the 125 years since the Black-Jenkins Award, Virginia has acquiesced in her pervasive exercise of police power over activities occurring on piers and wharves beyond the low-water mark. Among other things, Maryland claims, and Virginia does not dispute, that it has taxed structures erected on such improvements (i. e., restaurants, etc.); issued licenses for activities occurring thereon (i. e., liquor, gambling, etc.); and exercised exclusive criminal jurisdiction over crimes occurring on such improvements beyond the low-water mark. We agree with the Special Master that this evidence has little or no bearing on the narrower question whether Virginia acquiesced in Maryland's efforts to regulate her right to construct the improvements in the first instance and to withdraw water from the River. See Report 79-82. With respect to Maryland's regulation of these particular rights, the claimed prescriptive period is much shorter.
It is undisputed that Maryland issued her first water withdrawal permit to a Virginia entity in March 1957 and her first waterway construction permit in April 1968. The pre-
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