The resolution requests that the Maryland General Assembly reject any proposed legislation that would change the stream designation of the North Branch of the Potomac River from a "Warm Water Aquatic Life" use to a "Cold Water Aquatic Life" use. The West Virginia Legislature argues that such a change would impose unnecessary costs on industrial employers in West Virginia, as it would require facilities to meet stricter temperature standards for water discharges. This could lead to the installation of costly technologies, such as cooling towers and heat exchangers, to comply with the new regulations. The resolution emphasizes that the Potomac River, while shared geographically, is primarily under Maryland's jurisdiction, and any changes to its designation could unduly burden interstate commerce, violating the dormant commerce clause of the U.S. Constitution.

Furthermore, the resolution calls upon the West Virginia Attorney General to investigate the constitutionality of the proposed Maryland legislation and to seek legal remedies to protect West Virginia's interests in interstate commerce. The resolution highlights previous Supreme Court rulings that support the argument against state legislation that discriminates against or imposes undue burdens on interstate commerce. A copy of the resolution is to be sent to various officials, including the Maryland Governor and members of the Maryland General Assembly, to ensure they are aware of West Virginia's position on this matter.