{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-106.html"}],"law_id":82341,"edition_id":1,"section_id":82341,"structure_id":14791,"section_number":"62.1-106","catch_line":"When floodwaters may be captured and stored by riparian owners","history":"Code 1950, \u00a7 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976, c. 710; 1977, c. 26; 1982, c. 583.","full_text":"Water in watercourses which is over and above the average flow of the stream may, upon approval, be captured and stored by riparian owners for their later use under the following conditions:\n\n1\n\nAs a result of the capture and storage of such waters, there will be no damage to others.2\n\nThe title to the land on which the impounding structure and the impounded water will rest are in the person or persons requesting the authority.3\n\nAll costs incident to such impoundment, including devices above and below for indicating average flow, will be borne by the person or persons requesting the authority.4\n\nFor impoundments with a capacity of more than fifty acre-feet of storage all construction is approved by a licensed professional engineer. For those with capacities of fifty acre-feet, or less, of storage all construction will be approved by a licensed professional engineer or by some other competent person.5\n\nThose requesting the authority will insure that the flow below the impoundment is equal to:a\n\nAt least the average flow when the flow immediately above the impounding structure is greater than the average flow, orb\n\nAt least the flow immediately above the impounding structure when that flow is equal to or less than the average flow.6\n\nIf needed, provision will be made in the impounding structure for an adequate spillway and for means of releasing water to maintain the required flow downstream.7\n\nIf for the purposes of irrigation, the quantity of water stored (exclusive of foreseeable losses) will not exceed that required for a period of twelve months to irrigate the cleared acreage owned by those participating in the undertaking and lying in the watershed of the stream from which the water is taken.8\n\nAll structures and equipment incident to such impoundment will be maintained in safe and serviceable condition by the owners and all parts thereof in a watercourse will be removed when no longer required for the purpose.9\n\nPriority to the right to store floodwaters, as outlined, will go to upstream riparian owners.10\n\nThose impounding floodwaters will, upon request, provide appropriate information concerning the impoundment to the State Water Control Board.11\n\nThe plans for an impounding structure as defined in § 10.1-604 have the approval of the State Water Control Board and conform to the rules and regulations promulgated by the Board.","order_by":null,"text":{"0":{"id":295044,"text":"Water in watercourses which is over and above the average flow of the stream may, upon approval, be captured and stored by riparian owners for their later use under the following conditions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":295045,"text":"As a result of the capture and storage of such waters, there will be no damage to others.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":295046,"text":"The title to the land on which the impounding structure and the impounded water will rest are in the person or persons requesting the authority.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":295047,"text":"All costs incident to such impoundment, including devices above and below for indicating average flow, will be borne by the person or persons requesting the authority.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":295048,"text":"For impoundments with a capacity of more than fifty acre-feet of storage all construction is approved by a licensed professional engineer. For those with capacities of fifty acre-feet, or less, of storage all construction will be approved by a licensed professional engineer or by some other competent person.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":295049,"text":"Those requesting the authority will insure that the flow below the impoundment is equal to:","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5a"},"6":{"id":295050,"text":"At least the average flow when the flow immediately above the impounding structure is greater than the average flow, or","type":"section","prefixes":["5","a"],"prefix":"a","entire_prefix":"5a","prefix_anchor":"5a","level":2,"prior_prefix":"5","next_prefix":"5b"},"7":{"id":295051,"text":"At least the flow immediately above the impounding structure when that flow is equal to or less than the average flow.","type":"section","prefixes":["5","b"],"prefix":"b","entire_prefix":"5b","prefix_anchor":"5b","level":2,"prior_prefix":"5a","next_prefix":"6"},"8":{"id":295052,"text":"If needed, provision will be made in the impounding structure for an adequate spillway and for means of releasing water to maintain the required flow downstream.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5b","next_prefix":"7"},"9":{"id":295053,"text":"If for the purposes of irrigation, the quantity of water stored (exclusive of foreseeable losses) will not exceed that required for a period of twelve months to irrigate the cleared acreage owned by those participating in the undertaking and lying in the watershed of the stream from which the water is taken.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"10":{"id":295054,"text":"All structures and equipment incident to such impoundment will be maintained in safe and serviceable condition by the owners and all parts thereof in a watercourse will be removed when no longer required for the purpose.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"11":{"id":295055,"text":"Priority to the right to store floodwaters, as outlined, will go to upstream riparian owners.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"12":{"id":295056,"text":"Those impounding floodwaters will, upon request, provide appropriate information concerning the impoundment to the State Water Control Board.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"13":{"id":295057,"text":"The plans for an impounding structure as defined in § 10.1-604 have the approval of the State Water Control Board and conform to the rules and regulations promulgated by the Board.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-106\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1976, chapter 710; in 1977, chapter 26; in 1982, chapter 583.<\/p>","references":[{"id":58072,"section_number":"62.1-107","catch_line":"Application for leave to store floodwaters; notice to interested persons and to State Water Control Board","order_by":null,"url":"\/62.1-107\/"}],"refers_to":[{"id":58286,"section_number":"10.1-604","catch_line":" Definitions","order_by":null,"url":"\/10.1-604\/"}],"permalink":{"id":270565,"object_type":"law","relational_id":82341,"identifier":"62.1-106","token":"62.1\/8\/62.1-106","url":"\/62.1-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-106\/","token":"62.1\/8\/62.1-106","dublin_core":{"Title":"When floodwaters may be captured and stored by riparian owners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Water in watercourses which is over and above the average flow of the stream may, upon approval, be captured and stored by riparian owners for their later use under the following conditions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> As a result of the capture and storage of such waters, there will be no damage to others. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The title to the land on which the impounding structure and the impounded water will rest are in the person or persons requesting the authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All costs incident to such impoundment, including devices above and below for indicating average flow, will be borne by the person or persons requesting the authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For impoundments with a capacity of more than fifty acre-feet of storage all construction is approved by a licensed professional engineer. For those with capacities of fifty acre-feet, or less, of storage all construction will be approved by a licensed professional engineer or by some other competent person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Those requesting the authority will insure that the flow below the impoundment is equal to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> At least the average flow when the flow immediately above the impounding structure is greater than the average flow, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> At least the flow immediately above the impounding structure when that flow is equal to or less than the average flow. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If needed, provision will be made in the impounding structure for an adequate spillway and for means of releasing water to maintain the required flow downstream. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> If for the purposes of irrigation, the quantity of water stored (exclusive of foreseeable losses) will not exceed that required for a period of twelve months to irrigate the cleared acreage owned by those participating in the undertaking and lying in the watershed of the stream from which the water is taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> All structures and equipment incident to such impoundment will be maintained in safe and serviceable condition by the owners and all parts thereof in a watercourse will be removed when no longer required for the purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Priority to the right to store floodwaters, as outlined, will go to upstream riparian owners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Those impounding floodwaters will, upon request, provide appropriate information concerning the impoundment to the State Water Control Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The plans for an impounding structure as defined in § 10.1-604<\/a> have the approval of the State Water Control Board and conform to the rules and regulations promulgated by the Board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN FLOODWATERS MAY BE CAPTURED AND STORED BY RIPARIAN OWNERS (\u00a7 62.1-106)\n\nWater in watercourses which is over and above the average flow of the stream\nmay, upon approval, be captured and stored by riparian owners for their later\nuse under the following conditions:\n\n1. As a result of the capture and storage of such waters, there will be no\ndamage to others.\n\n2. The title to the land on which the impounding structure and the impounded\nwater will rest are in the person or persons requesting the authority.\n\n3. All costs incident to such impoundment, including devices above and below for\nindicating average flow, will be borne by the person or persons requesting the\nauthority.\n\n4. For impoundments with a capacity of more than fifty acre-feet of storage all\nconstruction is approved by a licensed professional engineer. For those with\ncapacities of fifty acre-feet, or less, of storage all construction will be\napproved by a licensed professional engineer or by some other competent person.\n\n5. Those requesting the authority will insure that the flow below the\nimpoundment is equal to:\n\n a. At least the average flow when the flow immediately above the impounding\n structure is greater than the average flow, or\n\n b. At least the flow immediately above the impounding structure when that flow\n is equal to or less than the average flow.\n\n6. If needed, provision will be made in the impounding structure for an adequate\nspillway and for means of releasing water to maintain the required flow\ndownstream.\n\n7. If for the purposes of irrigation, the quantity of water stored (exclusive of\nforeseeable losses) will not exceed that required for a period of twelve months\nto irrigate the cleared acreage owned by those participating in the undertaking\nand lying in the watershed of the stream from which the water is taken.\n\n8. All structures and equipment incident to such impoundment will be maintained\nin safe and serviceable condition by the owners and all parts thereof in a\nwatercourse will be removed when no longer required for the purpose.\n\n9. Priority to the right to store floodwaters, as outlined, will go to upstream\nriparian owners.\n\n10. Those impounding floodwaters will, upon request, provide appropriate\ninformation concerning the impoundment to the State Water Control Board.\n\n11. The plans for an impounding structure as defined in § 10.1-604 have the\napproval of the State Water Control Board and conform to the rules and\nregulations promulgated by the Board.\n\nHISTORY: Code 1950, \u00a7 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976,\nc. 710; 1977, c. 26; 1982, c. 583.","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}}