Fairfax County residents need cleaner drinking water. Their water source is the Potomac River, which Maryland claims it owns. In order to provide better drinking water for its residents, Fairfax says it needs to build a $7 million, 725-foot intake pipe in the river, and Maryland disagrees.

A 1632 land grant to Lord Baltimore gave Maryland ownership of the Potomac River, from the Maryland shoreline to the Virginia shoreline. The Potomac River Compact of 1785, renewed in 1958, allows both states to use and build structures in the river.

Fairfax County contends that the intake pipe is necessary because area residents are subjected to water heavily treated for pathogens. So why won’t Maryland share? The state barks that the poor quality of the water is Virginia’s fault due to urban sprawl, and Maryland is demanding an environmental investigation, despite approval of the pipe from the U.S. Army Corps of Engineers.

Virginia filed a request with Maryland to build the pipe in 1996. The request was rejected and appealed to a Maryland court, which later ruled in Virginia’s favor. While waiting for a ruling, Virginia Attorney General Mark Earley filed the case with the U.S. Supreme Court.

In late May, the highest court in the land agreed to hear Virginia’s case. While Fairfax County residents keep their fingers crossed, Maryland keeps its arms crossed. If Virginia has her way, Maryland will learn how much fun it is to share.