Developers of new water supplies frequently face the argument that permits for their
projects should be denied because scientists advising the permitting agencies cannot say with
certainty that the projects will not harm important environmental resources. This paper discusses
how the City of Newport News, Virginia addressed that problem in connection with its
application for a permit from the Virginia Marine Resources Commission for its proposed King
William Reservoir project. The Commission initially denied the City's permit application
because its scientific advisors were uncertain whether the project's river withdrawals would
adversely impact American shad spawning, but the City was able to convince the Commission
that the resource would be protected notwithstanding that uncertainty. This paper describes the
techniques used by the City for that purpose which include: the assembly of a panel of expert fisheries
biologists to assess the risks to fisheries resources and to make recommendations, including a
recommendation for a pumping hiatus during spawning season to be triggered by water
temperatures; improving intake screen design to a standard higher than required by federal or
state agencies; conducting videotaped experiments to demonstrate the efficacy of the screens in
protecting shad eggs and larvae; explaining and quantifying the cumulative protection offered by
various aspects of the project, including the pumping hiatus and the screens, using a "layers of
protection" analysis; and, offering post-permit monitoring and a permit reopener provision. Includes figures.