{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-104.html"}],"law_id":73587,"edition_id":1,"section_id":73587,"structure_id":14791,"section_number":"62.1-104","catch_line":"Definitions","history":"Code 1950, \u00a7 62-94.1; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977, c. 26; 2022, c. 356.","full_text":"1\n\nExcept as modified below, the definitions contained in Title 1 shall apply in this chapter.2\n\n“Board” means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, “Board” means the Department of Environmental Quality.3\n\n“Impounding structure” means a man-made device, whether a dam across a watercourse or other structure outside a watercourse, used or to be used for the authorized storage of flood waters for subsequent beneficial use.4\n\n“Watercourse” means a natural channel having a well-defined bed and banks and in which water flows when it normally does flow. For the purposes hereof they shall be limited to rivers, creeks, streams, branches, and other watercourses which are nonnavigable in fact and which are wholly within the jurisdiction of the Commonwealth.5\n\n“Riparian land” is land which is contiguous to and touches a watercourse. It does not include land outside the watershed of the watercourse. Real property under common ownership and which is not separated from riparian land by land of any other ownership shall likewise be deemed riparian land, notwithstanding that such real property is divided into tracts and parcels which may not bound upon the watercourse.6\n\n“Riparian owner” is an owner of riparian land.7\n\n“Average flow” means the average discharge of a stream at a particular point and normally is expressed in cubic feet per second. It may be determined from actual measurements or computed from the most accurate information available.8\n\n“Diffused surface waters” are those which, resulting from precipitation, flow down across the surface of the land until they reach a watercourse, after which they become parts of streams.9\n\n“Floodwaters” means water in a stream which is over and above the average flow.10\n\n“Court” means the circuit court of the county or city in which an impoundment is located or proposed to be located.","order_by":null,"text":{"0":{"id":264704,"text":"Except as modified below, the definitions contained in Title 1 shall apply in this chapter.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":264705,"text":"“Board” means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, “Board” means the Department of Environmental Quality.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":264706,"text":"“Impounding structure” means a man-made device, whether a dam across a watercourse or other structure outside a watercourse, used or to be used for the authorized storage of flood waters for subsequent beneficial use.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":264707,"text":"“Watercourse” means a natural channel having a well-defined bed and banks and in which water flows when it normally does flow. For the purposes hereof they shall be limited to rivers, creeks, streams, branches, and other watercourses which are nonnavigable in fact and which are wholly within the jurisdiction of the Commonwealth.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"4":{"id":264708,"text":"“Riparian land” is land which is contiguous to and touches a watercourse. It does not include land outside the watershed of the watercourse. Real property under common ownership and which is not separated from riparian land by land of any other ownership shall likewise be deemed riparian land, notwithstanding that such real property is divided into tracts and parcels which may not bound upon the watercourse.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"5":{"id":264709,"text":"“Riparian owner” is an owner of riparian land.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"6":{"id":264710,"text":"“Average flow” means the average discharge of a stream at a particular point and normally is expressed in cubic feet per second. It may be determined from actual measurements or computed from the most accurate information available.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"7":{"id":264711,"text":"“Diffused surface waters” are those which, resulting from precipitation, flow down across the surface of the land until they reach a watercourse, after which they become parts of streams.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"8":{"id":264712,"text":"“Floodwaters” means water in a stream which is over and above the average flow.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"9":{"id":264713,"text":"“Court” means the circuit court of the county or city in which an impoundment is located or proposed to be located.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"ancestry":[{"id":14791,"edition_id":1,"name":"Impoundment of Surface Waters","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:49:54","date_modified":"2026-06-26 03:49:54","permalink":{"id":270551,"object_type":"structure","relational_id":14791,"identifier":"8","token":"62.1\/8","url":"\/62.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73587,"structure_id":14791,"section_number":"62.1-104","catch_line":"Definitions","url":"\/62.1-104\/","token":"62.1\/8\/62.1-104","metadata":false},{"id":72609,"structure_id":14791,"section_number":"62.1-104.1","catch_line":"Repealed","url":"\/62.1-104.1\/","token":"62.1\/8\/62.1-104.1","metadata":false},{"id":57387,"structure_id":14791,"section_number":"62.1-105","catch_line":"Impoundment of diffused surface waters","url":"\/62.1-105\/","token":"62.1\/8\/62.1-105","metadata":false},{"id":82341,"structure_id":14791,"section_number":"62.1-106","catch_line":"When floodwaters may be captured and stored by riparian owners","url":"\/62.1-106\/","token":"62.1\/8\/62.1-106","metadata":false},{"id":58072,"structure_id":14791,"section_number":"62.1-107","catch_line":"Application for leave to store floodwaters; notice to interested persons and to State Water Control Board","url":"\/62.1-107\/","token":"62.1\/8\/62.1-107","metadata":false},{"id":65530,"structure_id":14791,"section_number":"62.1-108","catch_line":"Time and place of hearing on petition; parties","url":"\/62.1-108\/","token":"62.1\/8\/62.1-108","metadata":false},{"id":85401,"structure_id":14791,"section_number":"62.1-109","catch_line":"Board to examine petition and report to court","url":"\/62.1-109\/","token":"62.1\/8\/62.1-109","metadata":false},{"id":76937,"structure_id":14791,"section_number":"62.1-110","catch_line":"Court to hear and determine issues; reference to commissioner","url":"\/62.1-110\/","token":"62.1\/8\/62.1-110","metadata":false},{"id":86419,"structure_id":14791,"section_number":"62.1-111","catch_line":"When leave not granted; terms and conditions; appeals","url":"\/62.1-111\/","token":"62.1\/8\/62.1-111","metadata":false},{"id":56580,"structure_id":14791,"section_number":"62.1-112","catch_line":"When leave shall expire","url":"\/62.1-112\/","token":"62.1\/8\/62.1-112","metadata":false},{"id":72442,"structure_id":14791,"section_number":"62.1-113","catch_line":"Use of bed of watercourse","url":"\/62.1-113\/","token":"62.1\/8\/62.1-113","metadata":false},{"id":64874,"structure_id":14791,"section_number":"62.1-114","catch_line":"Exceptions to application of chapter","url":"\/62.1-114\/","token":"62.1\/8\/62.1-114","metadata":false},{"id":64202,"structure_id":14791,"section_number":"62.1-115","catch_line":"Use of waters stored","url":"\/62.1-115\/","token":"62.1\/8\/62.1-115","metadata":false}],"next_section":{"id":72609,"structure_id":14791,"section_number":"62.1-104.1","catch_line":"Repealed","url":"\/62.1-104.1\/","token":"62.1\/8\/62.1-104.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-104\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1956, chapter 632; in 1958, chapter 638; in 1968, chapter 659; in 1977, chapter 26; in 2022, chapter 356<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":270553,"object_type":"law","relational_id":73587,"identifier":"62.1-104","token":"62.1\/8\/62.1-104","url":"\/62.1-104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-104\/","token":"62.1\/8\/62.1-104","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Except as modified below, the definitions contained in Title 1 shall apply in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Board<\/span>” means the State Water Control Board<\/span>. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, “Board<\/span>” means the Department of Environmental Quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Impounding structure<\/span>” means a man-made device, whether a dam across a watercourse<\/span> or other structure outside a watercourse<\/span>, used or to be used for the authorized storage of flood waters for subsequent beneficial use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Watercourse<\/span>” means a natural channel having a well-defined bed and banks and in which water flows when it normally does flow. For the purposes hereof they shall be limited to rivers, creeks, streams, branches, and other watercourses<\/span> which are nonnavigable in fact<\/span> and which are wholly within the jurisdiction<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> “Riparian land” is land which is contiguous to and touches a watercourse<\/span>. It does not include land outside the watershed of the watercourse<\/span>. Real property under common ownership and which is not separated from riparian land by land of any other ownership shall likewise be deemed riparian land, notwithstanding that such real property is divided into tracts and parcels which may not bound upon the watercourse<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> “Riparian owner” is an owner of riparian land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> “Average flow<\/span>” means the average discharge of a stream at a particular point and normally is expressed in cubic feet per second. It may be determined from actual measurements or computed from the most accurate information available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> “Diffused surface waters” are those which, resulting from precipitation, flow down across the surface of the land until they reach a watercourse<\/span>, after which they become parts of streams. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> “Floodwaters<\/span>” means water in a stream which is over and above the average flow<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> “Court<\/span>” means the circuit<\/span> court<\/span> of the county or city in which an impoundment is located or proposed to be located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 62.1-104)\n\n1. Except as modified below, the definitions contained in Title 1 shall apply in\nthis chapter.\n\n2. “Board” means the State Water Control Board. However, when used\noutside the context of the promulgation of regulations, including regulations to\nestablish general permits, pursuant to this chapter, “Board” means\nthe Department of Environmental Quality.\n\n3. “Impounding structure” means a man-made device, whether a dam\nacross a watercourse or other structure outside a watercourse, used or to be\nused for the authorized storage of flood waters for subsequent beneficial use.\n\n4. “Watercourse” means a natural channel having a well-defined bed\nand banks and in which water flows when it normally does flow. For the purposes\nhereof they shall be limited to rivers, creeks, streams, branches, and other\nwatercourses which are nonnavigable in fact and which are wholly within the\njurisdiction of the Commonwealth.\n\n5. “Riparian land” is land which is contiguous to and touches a\nwatercourse. It does not include land outside the watershed of the watercourse.\nReal property under common ownership and which is not separated from riparian\nland by land of any other ownership shall likewise be deemed riparian land,\nnotwithstanding that such real property is divided into tracts and parcels which\nmay not bound upon the watercourse.\n\n6. “Riparian owner” is an owner of riparian land.\n\n7. “Average flow” means the average discharge of a stream at a\nparticular point and normally is expressed in cubic feet per second. It may be\ndetermined from actual measurements or computed from the most accurate\ninformation available.\n\n8. “Diffused surface waters” are those which, resulting from\nprecipitation, flow down across the surface of the land until they reach a\nwatercourse, after which they become parts of streams.\n\n9. “Floodwaters” means water in a stream which is over and above the\naverage flow.\n\n10. “Court” means the circuit court of the county or city in which\nan impoundment is located or proposed to be located.\n\nHISTORY: Code 1950, \u00a7 62-94.1; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977,\nc. 26; 2022, c. 356.","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}}