{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-638.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-638.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-638.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-638.html"}],"law_id":73761,"edition_id":1,"section_id":73761,"structure_id":12895,"section_number":"10.1-638","catch_line":"Purposes for which fund to be used","history":"1970, c. 591, \u00a7 21-11.3; 1972, c. 821; 1982, c. 68; 1988, c. 891.","full_text":"A\n\nThe Board is authorized, with the concurrence of the State Treasurer, to order the State Comptroller to make loans from the revolving fund to any county, city, town, water authority, utility or service authority or special taxing district, hereafter referred to as the borrower, having the legal capacity and organizational arrangements necessary for obtaining, giving security for, and raising revenues for repaying authorized loans, and for operating and maintaining facilities for which the loan is made. The money loaned shall be used by the borrower for facilities to store additional water in feasible flood prevention sites or to store water in sites not feasible for flood prevention programs. The amount of any loan or the sum of any outstanding loans to any one borrower shall not exceed $500,000 without the written approval of the Governor.B\n\nTo promote the economic growth of the Commonwealth, the Board, after public hearing and with the written approval of the Governor, may invest funds from the revolving fund in facilities to store additional water in feasible flood prevention sites for municipal, industrial, and other beneficial uses where localities fail to do so, or in facilities to create the potential to store additional water in feasible flood prevention sites where impoundment projects are being developed to less than optimum potential, thereby allowing the enlargement of such impoundments as the need arises. Such action may be initiated by a request from the soil and water conservation district or districts encompassing such water storage sites.C\n\nThe Board may draw on the revolving fund to meet maintenance expenses incident to the proper management and operation of facilities resulting from the investments authorized by subsection B above. In addition, the Board may draw on the revolving fund for emergency repairs to the above facilities and facilities constituting the security for loans made by authority of subsection A above. The Board shall not provide funds for emergency repairs to facilities constituting security for loans unless it appears to the Board that funds for repairs are not available from other sources.D\n\nThe Board is authorized to purchase, operate and maintain necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the Board. The Board shall have the custody and control of the machinery and other equipment, and shall provide storage for it, and it shall be available to the districts upon terms the Board prescribes. In addition to other terms the Board may prescribe, it shall have authority to execute rental-purchase contracts with individual districts for the equipment, whereby the title to machinery and other equipment purchased under authority of this law may be transferred to such district when approved by the Board. The Board may, in its discretion, sell the same to any person upon terms and conditions it may deem proper. The proceeds derived from the sale or rental of machinery, provided for in this section and in § 10.1-552, shall be paid into the revolving fund.E\n\nThe Board is authorized to make loans from the revolving fund to any soil and water conservation district for the purchase of necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the district. Terms for loans to districts under this section shall be prescribed by the Board, and payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund.","order_by":null,"text":{"0":{"id":265254,"text":"The Board is authorized, with the concurrence of the State Treasurer, to order the State Comptroller to make loans from the revolving fund to any county, city, town, water authority, utility or service authority or special taxing district, hereafter referred to as the borrower, having the legal capacity and organizational arrangements necessary for obtaining, giving security for, and raising revenues for repaying authorized loans, and for operating and maintaining facilities for which the loan is made. The money loaned shall be used by the borrower for facilities to store additional water in feasible flood prevention sites or to store water in sites not feasible for flood prevention programs. The amount of any loan or the sum of any outstanding loans to any one borrower shall not exceed $500,000 without the written approval of the Governor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265255,"text":"To promote the economic growth of the Commonwealth, the Board, after public hearing and with the written approval of the Governor, may invest funds from the revolving fund in facilities to store additional water in feasible flood prevention sites for municipal, industrial, and other beneficial uses where localities fail to do so, or in facilities to create the potential to store additional water in feasible flood prevention sites where impoundment projects are being developed to less than optimum potential, thereby allowing the enlargement of such impoundments as the need arises. Such action may be initiated by a request from the soil and water conservation district or districts encompassing such water storage sites.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265256,"text":"The Board may draw on the revolving fund to meet maintenance expenses incident to the proper management and operation of facilities resulting from the investments authorized by subsection B above. In addition, the Board may draw on the revolving fund for emergency repairs to the above facilities and facilities constituting the security for loans made by authority of subsection A above. The Board shall not provide funds for emergency repairs to facilities constituting security for loans unless it appears to the Board that funds for repairs are not available from other sources.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265257,"text":"The Board is authorized to purchase, operate and maintain necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the Board. The Board shall have the custody and control of the machinery and other equipment, and shall provide storage for it, and it shall be available to the districts upon terms the Board prescribes. In addition to other terms the Board may prescribe, it shall have authority to execute rental-purchase contracts with individual districts for the equipment, whereby the title to machinery and other equipment purchased under authority of this law may be transferred to such district when approved by the Board. The Board may, in its discretion, sell the same to any person upon terms and conditions it may deem proper. The proceeds derived from the sale or rental of machinery, provided for in this section and in § 10.1-552, shall be paid into the revolving fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265258,"text":"The Board is authorized to make loans from the revolving fund to any soil and water conservation district for the purchase of necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the district. Terms for loans to districts under this section shall be prescribed by the Board, and payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12895,"edition_id":1,"name":"Conservation, Small Watersheds Flood Control and Area Development Fund","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12894,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":144661,"object_type":"structure","relational_id":12895,"identifier":"4","token":"10.1\/I\/6\/4","url":"\/10.1\/I\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12894,"edition_id":1,"name":"Flood Protection and Dam Safety","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":144271,"object_type":"structure","relational_id":12894,"identifier":"6","token":"10.1\/I\/6","url":"\/10.1\/I\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63458,"structure_id":12895,"section_number":"10.1-636","catch_line":"Definitions","url":"\/10.1-636\/","token":"10.1\/I\/6\/4\/10.1-636","metadata":false},{"id":73661,"structure_id":12895,"section_number":"10.1-637","catch_line":"Fund continued; administrative control","url":"\/10.1-637\/","token":"10.1\/I\/6\/4\/10.1-637","metadata":false},{"id":73761,"structure_id":12895,"section_number":"10.1-638","catch_line":"Purposes for which fund to be used","url":"\/10.1-638\/","token":"10.1\/I\/6\/4\/10.1-638","metadata":false},{"id":59350,"structure_id":12895,"section_number":"10.1-639","catch_line":"Conditions for making loan","url":"\/10.1-639\/","token":"10.1\/I\/6\/4\/10.1-639","metadata":false},{"id":66639,"structure_id":12895,"section_number":"10.1-640","catch_line":"Political subdivisions may borrow from other sources","url":"\/10.1-640\/","token":"10.1\/I\/6\/4\/10.1-640","metadata":false},{"id":77397,"structure_id":12895,"section_number":"10.1-641","catch_line":"Powers of Board in aid of the provisions of \u00a7 10.1-638","url":"\/10.1-641\/","token":"10.1\/I\/6\/4\/10.1-641","metadata":false},{"id":63225,"structure_id":12895,"section_number":"10.1-642","catch_line":"Record of applications for loans and action taken","url":"\/10.1-642\/","token":"10.1\/I\/6\/4\/10.1-642","metadata":false},{"id":85162,"structure_id":12895,"section_number":"10.1-643","catch_line":"Period of loan; interest rate; loan shall constitute a lien","url":"\/10.1-643\/","token":"10.1\/I\/6\/4\/10.1-643","metadata":false},{"id":79238,"structure_id":12895,"section_number":"10.1-644","catch_line":"Recovery of money due to fund","url":"\/10.1-644\/","token":"10.1\/I\/6\/4\/10.1-644","metadata":false},{"id":70082,"structure_id":12895,"section_number":"10.1-645","catch_line":"Limits on expenditures authorized under \u00a7 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities","url":"\/10.1-645\/","token":"10.1\/I\/6\/4\/10.1-645","metadata":false},{"id":85645,"structure_id":12895,"section_number":"10.1-646","catch_line":"Purchase price and terms of sales authorized by \u00a7 10.1-645","url":"\/10.1-646\/","token":"10.1\/I\/6\/4\/10.1-646","metadata":false},{"id":54015,"structure_id":12895,"section_number":"10.1-647","catch_line":"Disposition of facilities financed under article when part of debt remains outstanding","url":"\/10.1-647\/","token":"10.1\/I\/6\/4\/10.1-647","metadata":false},{"id":68188,"structure_id":12895,"section_number":"10.1-648","catch_line":"Acquisition of lands, easements, and rights-of-way","url":"\/10.1-648\/","token":"10.1\/I\/6\/4\/10.1-648","metadata":false},{"id":86478,"structure_id":12895,"section_number":"10.1-649","catch_line":"Sale to Board of property and rights-of-way acquired by condemnation","url":"\/10.1-649\/","token":"10.1\/I\/6\/4\/10.1-649","metadata":false}],"previous_section":{"id":73661,"structure_id":12895,"section_number":"10.1-637","catch_line":"Fund continued; administrative control","url":"\/10.1-637\/","token":"10.1\/I\/6\/4\/10.1-637","metadata":false},"next_section":{"id":59350,"structure_id":12895,"section_number":"10.1-639","catch_line":"Conditions for making loan","url":"\/10.1-639\/","token":"10.1\/I\/6\/4\/10.1-639","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-638\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 591 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1972, chapter 821; in 1982, chapter 68; in 1988, chapter 891.<\/p>","references":[{"id":59350,"section_number":"10.1-639","catch_line":"Conditions for making loan","order_by":null,"url":"\/10.1-639\/"},{"id":66639,"section_number":"10.1-640","catch_line":"Political subdivisions may borrow from other sources","order_by":null,"url":"\/10.1-640\/"},{"id":77397,"section_number":"10.1-641","catch_line":"Powers of Board in aid of the provisions of \u00a7 10.1-638","order_by":null,"url":"\/10.1-641\/"},{"id":85162,"section_number":"10.1-643","catch_line":"Period of loan; interest rate; loan shall constitute a lien","order_by":null,"url":"\/10.1-643\/"},{"id":70082,"section_number":"10.1-645","catch_line":"Limits on expenditures authorized under \u00a7 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities","order_by":null,"url":"\/10.1-645\/"},{"id":85645,"section_number":"10.1-646","catch_line":"Purchase price and terms of sales authorized by \u00a7 10.1-645","order_by":null,"url":"\/10.1-646\/"},{"id":68188,"section_number":"10.1-648","catch_line":"Acquisition of lands, easements, and rights-of-way","order_by":null,"url":"\/10.1-648\/"},{"id":86478,"section_number":"10.1-649","catch_line":"Sale to Board of property and rights-of-way acquired by condemnation","order_by":null,"url":"\/10.1-649\/"}],"refers_to":[{"id":55775,"section_number":"10.1-552","catch_line":"Renting machinery and equipment","order_by":null,"url":"\/10.1-552\/"}],"permalink":{"id":144671,"object_type":"law","relational_id":73761,"identifier":"10.1-638","token":"10.1\/I\/6\/4\/10.1-638","url":"\/10.1-638\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-638\/","token":"10.1\/I\/6\/4\/10.1-638","dublin_core":{"Title":"Purposes for which fund to be used","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-638","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> is authorized, with the concurrence of the State Treasurer, to order<\/span> the State Comptroller to make loans from the revolving fund<\/span> to any county, city, town, water authority, utility or service authority or special taxing district, hereafter referred to as the borrower, having the legal capacity and organizational arrangements necessary for obtaining, giving security for, and raising revenues for repaying authorized loans, and for operating and maintaining facilities for which the loan is made. The money loaned shall be used by the borrower for facilities to store additional water in feasible flood prevention sites or to store water in sites not feasible for flood prevention programs. The amount of any loan or the sum of any outstanding loans to any one borrower shall not exceed $500,000 without the written approval of the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To promote the economic growth of the Commonwealth, the Board<\/span>, after public hearing<\/span> and with the written approval of the Governor, may invest funds<\/span> from the revolving fund<\/span> in facilities to store additional water in feasible flood prevention sites for municipal, industrial, and other beneficial uses where localities fail to do so, or in facilities to create the potential to store additional water in feasible flood prevention sites where impoundment projects are being developed to less than optimum potential, thereby allowing the enlargement of such impoundments as the need arises. Such action may be initiated by a request from the soil and water conservation district or districts encompassing such water storage sites. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may draw on the revolving fund<\/span> to meet maintenance expenses incident to the proper management and operation of facilities resulting from the investments authorized by subsection B above. In addition, the Board<\/span> may draw on the revolving fund<\/span> for emergency repairs to the above facilities and facilities constituting the security for loans made by authority of subsection A above. The Board<\/span> shall not provide funds<\/span> for emergency repairs to facilities constituting security for loans unless it appears to the Board<\/span> that funds<\/span> for repairs are not available from other sources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> is authorized to purchase, operate and maintain necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the Board<\/span>. The Board<\/span> shall have the custody<\/span> and control of the machinery and other equipment, and shall provide storage for it, and it shall be available to the districts upon terms the Board<\/span> prescribes. In addition to other terms the Board<\/span> may prescribe, it shall have authority to execute rental-purchase contracts<\/span> with individual districts for the equipment, whereby the title to machinery and other equipment purchased under authority of this law<\/span> may be transferred to such district when approved by the Board<\/span>. The Board<\/span> may, in its discretion, sell the same to any person upon terms and conditions it may deem proper. The proceeds derived from the sale or rental of machinery, provided for in this section and in § 10.1-552<\/a>, shall be paid into the revolving fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> is authorized to make loans from the revolving fund<\/span> to any soil and water conservation district for the purchase of necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the district. Terms for loans to districts under this section shall be prescribed by the Board<\/span>, and payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURPOSES FOR WHICH FUND TO BE USED (\u00a7 10.1-638)\n\nA. The Board is authorized, with the concurrence of the State Treasurer, to\norder the State Comptroller to make loans from the revolving fund to any county,\ncity, town, water authority, utility or service authority or special taxing\ndistrict, hereafter referred to as the borrower, having the legal capacity and\norganizational arrangements necessary for obtaining, giving security for, and\nraising revenues for repaying authorized loans, and for operating and\nmaintaining facilities for which the loan is made. The money loaned shall be\nused by the borrower for facilities to store additional water in feasible flood\nprevention sites or to store water in sites not feasible for flood prevention\nprograms. The amount of any loan or the sum of any outstanding loans to any one\nborrower shall not exceed $500,000 without the written approval of the Governor.\n\nB. To promote the economic growth of the Commonwealth, the Board, after public\nhearing and with the written approval of the Governor, may invest funds from the\nrevolving fund in facilities to store additional water in feasible flood\nprevention sites for municipal, industrial, and other beneficial uses where\nlocalities fail to do so, or in facilities to create the potential to store\nadditional water in feasible flood prevention sites where impoundment projects\nare being developed to less than optimum potential, thereby allowing the\nenlargement of such impoundments as the need arises. Such action may be\ninitiated by a request from the soil and water conservation district or\ndistricts encompassing such water storage sites.\n\nC. The Board may draw on the revolving fund to meet maintenance expenses\nincident to the proper management and operation of facilities resulting from the\ninvestments authorized by subsection B above. In addition, the Board may draw on\nthe revolving fund for emergency repairs to the above facilities and facilities\nconstituting the security for loans made by authority of subsection A above. The\nBoard shall not provide funds for emergency repairs to facilities constituting\nsecurity for loans unless it appears to the Board that funds for repairs are not\navailable from other sources.\n\nD. The Board is authorized to purchase, operate and maintain necessary machinery\nand other equipment suitable for engineering and other operations incident to\nsoil and water conservation and other purposes of the Board. The Board shall\nhave the custody and control of the machinery and other equipment, and shall\nprovide storage for it, and it shall be available to the districts upon terms\nthe Board prescribes. In addition to other terms the Board may prescribe, it\nshall have authority to execute rental-purchase contracts with individual\ndistricts for the equipment, whereby the title to machinery and other equipment\npurchased under authority of this law may be transferred to such district when\napproved by the Board. The Board may, in its discretion, sell the same to any\nperson upon terms and conditions it may deem proper. The proceeds derived from\nthe sale or rental of machinery, provided for in this section and in §\n10.1-552, shall be paid into the revolving fund.\n\nE. The Board is authorized to make loans from the revolving fund to any soil and\nwater conservation district for the purchase of necessary machinery and other\nequipment suitable for engineering and other operations incident to soil and\nwater conservation and other purposes of the district. Terms for loans to\ndistricts under this section shall be prescribed by the Board, and payments of\ninterest and principal shall be made to the State Treasurer and credited to the\nrevolving fund.\n\nHISTORY: 1970, c. 591, \u00a7 21-11.3; 1972, c. 821; 1982, c. 68; 1988, c. 891.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}