Virginia’s Human Right to Water Resolution

Virginia’s House Joint Resolution 538 (HJ 538) affirms that access to clean, potable water in amounts sufficient for an acceptable standard of living is a fundamental human right. The resolution recognizes the essential role of water in public health, economic stability, and social well-being. It serves as a guiding principle for the Commonwealth, highlighting the state’s responsibility to ensure safe and reliable water access for all residents, particularly marginalized and historically underserved communities.

Unlike binding legislation, HJ 538 does not create enforceable regulations or allocate funding to expand water infrastructure or address existing disparities. However, by formally declaring water as a human right, it lays the groundwork for future policy actions aimed at improving water affordability, safety, and accessibility in Virginia. This resolution aligns with broader efforts across the U.S. to elevate water justice as a priority, particularly in light of increasing concerns over aging infrastructure, contamination, and affordability crises affecting low-income communities.

Virginia’s recognition of water as a human right mirrors efforts in other states, such as California’s AB 685, which was the first law to establish this right at the state level. While California’s law has led to concrete actions, such as funding for water infrastructure improvements, Virginia’s resolution remains symbolic without binding mandates. Future steps could include legislative measures ensuring long-term investments in water access, prioritizing Black and low-income communities that have historically faced water insecurity.

Summary Sourced from https://www.rivernetwork.org/policy/water-is-a-human-right-resolution-hj-538/

Bill Text https://trackbill.com/bill/virginia-house-joint-resolution-538-access-to-water-human-right/2024635/

Policy Analysis

Does the policy solution re-distribute power from mainstream institutions to impacted Black communities?

Virginia’s HJ 538 is an important acknowledgment of water justice but does not directly redistribute power to Black communities. The resolution signals a commitment to equitable water access but lacks enforceable measures to address systemic disparities in water affordability, infrastructure investment, and decision-making power. To truly shift power, Virginia must ensure that Black communities and other historically marginalized groups have a direct role in shaping water policies, infrastructure development, and resource allocation. A stronger policy would mandate community-led oversight boards or funding allocations specifically for communities most impacted by water injustices.

Does this policy provide more decision-making power at the hands of Black communities?

While HJ 538 recognizes the fundamental right to water, it does not establish mechanisms for Black communities to participate in water governance or policymaking. Many Black and low-income communities in Virginia have historically been excluded from key decisions regarding water infrastructure, rates, and safety regulations. To enhance decision-making power, the state could create participatory water councils that include community representatives, require public consultation for all major water-related policies, and allocate funding for local organizations working on water justice issues.

Does the policy undermine extractive economies like capitalism and restore community power around a local and regenerative economy/primary production?

The resolution does not directly challenge extractive economic systems that commodify water, nor does it propose alternatives such as community-owned water systems or sustainable watershed management practices. Black communities in Virginia, particularly rural and low-income urban areas, have been disproportionately affected by water privatization, industrial pollution, and inadequate infrastructure. A more transformative approach would include funding for community-led water cooperatives, restrictions on corporate water extraction, and investments in green infrastructure projects that prioritize local workforce development.

Does the policy repair past harm and uphold civil and human rights, health, and environmental protections?

HJ 538 acknowledges water as a human right but does not include measures to repair past harms, such as the disproportionate burden of water contamination, shutoffs, and infrastructure neglect in Black communities. Many residents still face issues like lead contamination, high water bills, and inadequate state intervention in water crises. Strengthening the resolution would require commitments to address historical injustices, such as creating an emergency water affordability program, funding infrastructure improvements in neglected areas, and ensuring strong enforcement of environmental protections in Black communities.

Developed by Natalie Rivas