Cite as: 540 U. S. 56 (2003)
Stevens, J., dissenting
states . . . ." 3 The 1785 Compact is silent on the subject of water withdrawals. Nevertheless, the owners of property abutting the river unquestionably enjoy full riparian rights as part of the "emoluments and advantages" appurtenant to their title. Indeed, the Black-Jenkins Award confirms this understanding; under Article Fourth, Virginia "has a right to such use of the river beyond the line of low-water mark as may be necessary to the full enjoyment of her riparian ownership . . . ." 4
The question for decision, therefore, is simple: Are riparian landowners' rights to withdraw water unlimited, or may they be restricted by the sovereign that owns and controls the adjacent water body (in this case, Maryland)? In my opinion—an opinion apparently shared by the responsible Virginia and Maryland officials in the years between 1956 and 1996, see ante, at 63, 76-77—the common law provides a straightforward answer to that question. Although riparian owners may withdraw water for domestic and agricultural purposes, the Federal Government and, "[i]n the absence of conflict with federal action or policy," the States "may exercise [their] police power[s] by controlling the initiation and conduct of riparian and nonriparian uses of water." Restatement (Second) of Torts § 856, Comment e (1979). Moreover, this case does not involve individual riparian landowners' withdrawals of water for their own domestic use, but the Fairfax County Water Authority's withdrawals for the use of county residents. Under Virginia law, such " 'use of the waters of a stream to supply the inhabitants of [an area] with water for domestic purposes is not a riparian right.' " Purcellville v. Potts, 179 Va. 514, 521, 19 S. E. 2d 700, 703 (1942). Clearly, then, the authority's proposed use of Potomac waters cannot be defended as an exercise of absolute and unregulable riparian rights. It necessarily follows, I believe, that such a use may only be made with the consent of the sover-3 Va. Code Ann. Compacts App., pp. 342-343 (Lexis 2001).
4 Id., § 7.1-7, at 94 (emphasis added).
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