{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-242.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-242.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-242.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-242.html"}],"law_id":82494,"edition_id":1,"section_id":82494,"structure_id":14738,"section_number":"62.1-242","catch_line":"Definitions","history":"1989, c. 721; 1992, c. 812; 2022, c. 356.","full_text":"As used in this chapter, unless the context requires otherwise:\n\t\t“Beneficial use” means both instream and offstream uses. Instream beneficial uses include but are not limited to protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include but are not limited to domestic (including public water supply), agricultural, electric power generation, commercial, and industrial uses. Domestic and other existing beneficial uses shall be considered the highest priority beneficial uses.\n\t\t“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this chapter, “Board” means the Department of Environmental Quality.\n\t\t“Nonconsumptive use” means the use of water withdrawn from a stream in such a manner that it is returned to the stream without substantial diminution in quantity at or near the point from which it was taken and would not result in or exacerbate low flow conditions.\n\t\t“Surface water withdrawal permit” means a document issued by the Board evidencing the right to withdraw surface water.\n\t\t“Surface water management area” means a geographically defined surface water area in which the Board has deemed the levels or supply of surface water to be potentially adverse to public welfare, health and safety.\n\t\t“Surface water” means any water in the Commonwealth, except ground water, as defined in \u00a7 62.1-255.","order_by":null,"text":{"0":{"id":295560,"text":"As used in this chapter, unless the context requires otherwise:\n\t\t“Beneficial use” means both instream and offstream uses. Instream beneficial uses include but are not limited to protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include but are not limited to domestic (including public water supply), agricultural, electric power generation, commercial, and industrial uses. Domestic and other existing beneficial uses shall be considered the highest priority beneficial uses.\n\t\t“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.\n\t\t“Nonconsumptive use” means the use of water withdrawn from a stream in such a manner that it is returned to the stream without substantial diminution in quantity at or near the point from which it was taken and would not result in or exacerbate low flow conditions.\n\t\t“Surface water withdrawal permit” means a document issued by the Board evidencing the right to withdraw surface water.\n\t\t“Surface water management area” means a geographically defined surface water area in which the Board has deemed the levels or supply of surface water to be potentially adverse to public welfare, health and safety.\n\t\t“Surface water” means any water in the Commonwealth, except ground water, as defined in \u00a7 62.1-255.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14738,"edition_id":1,"name":"Surface Water Management Areas","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:49:38","date_modified":"2026-06-26 03:49:38","permalink":{"id":268981,"object_type":"structure","relational_id":14738,"identifier":"24","token":"62.1\/24","url":"\/62.1\/24\/","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":82494,"structure_id":14738,"section_number":"62.1-242","catch_line":"Definitions","url":"\/62.1-242\/","token":"62.1\/24\/62.1-242","metadata":false},{"id":65978,"structure_id":14738,"section_number":"62.1-243","catch_line":" Withdrawals for which surface water withdrawal permit not required","url":"\/62.1-243\/","token":"62.1\/24\/62.1-243","metadata":false},{"id":56452,"structure_id":14738,"section_number":"62.1-244","catch_line":"Board may require information from persons withdrawing surface water","url":"\/62.1-244\/","token":"62.1\/24\/62.1-244","metadata":false},{"id":71712,"structure_id":14738,"section_number":"62.1-245","catch_line":"Agreements among persons withdrawing surface water","url":"\/62.1-245\/","token":"62.1\/24\/62.1-245","metadata":false},{"id":81093,"structure_id":14738,"section_number":"62.1-246","catch_line":"When Board may initiate a surface water management area study proceeding; hearing required","url":"\/62.1-246\/","token":"62.1\/24\/62.1-246","metadata":false},{"id":58100,"structure_id":14738,"section_number":"62.1-247","catch_line":"Use of surface water in surface water management area","url":"\/62.1-247\/","token":"62.1\/24\/62.1-247","metadata":false},{"id":82015,"structure_id":14738,"section_number":"62.1-248","catch_line":"Permits","url":"\/62.1-248\/","token":"62.1\/24\/62.1-248","metadata":false},{"id":81248,"structure_id":14738,"section_number":"62.1-248.1","catch_line":"When application for permit considered complete","url":"\/62.1-248.1\/","token":"62.1\/24\/62.1-248.1","metadata":false},{"id":86998,"structure_id":14738,"section_number":"62.1-248.2","catch_line":"Permit rationale","url":"\/62.1-248.2\/","token":"62.1\/24\/62.1-248.2","metadata":false},{"id":83275,"structure_id":14738,"section_number":"62.1-249","catch_line":"Applicability of permit conditions","url":"\/62.1-249\/","token":"62.1\/24\/62.1-249","metadata":false},{"id":56903,"structure_id":14738,"section_number":"62.1-250","catch_line":"State agency review","url":"\/62.1-250\/","token":"62.1\/24\/62.1-250","metadata":false},{"id":74409,"structure_id":14738,"section_number":"62.1-251","catch_line":"Cancellation or suspension of permit","url":"\/62.1-251\/","token":"62.1\/24\/62.1-251","metadata":false},{"id":85993,"structure_id":14738,"section_number":"62.1-252","catch_line":"Penalties; injunctions","url":"\/62.1-252\/","token":"62.1\/24\/62.1-252","metadata":false},{"id":86291,"structure_id":14738,"section_number":"62.1-253","catch_line":"Riparian rights","url":"\/62.1-253\/","token":"62.1\/24\/62.1-253","metadata":false}],"next_section":{"id":65978,"structure_id":14738,"section_number":"62.1-243","catch_line":" Withdrawals for which surface water withdrawal permit not required","url":"\/62.1-243\/","token":"62.1\/24\/62.1-243","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-242\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 721 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1992, chapter 812; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":68522,"section_number":"62.1-44.15:6","catch_line":"Permit fee regulations","order_by":null,"url":"\/62.1-44.15_6\/"},{"id":72071,"section_number":"62.1-44.15:7","catch_line":"Permit Program Fund established; use of moneys","order_by":null,"url":"\/62.1-44.15_7\/"}],"refers_to":[{"id":79593,"section_number":"62.1-255","catch_line":"Definitions","order_by":null,"url":"\/62.1-255\/"}],"permalink":{"id":268983,"object_type":"law","relational_id":82494,"identifier":"62.1-242","token":"62.1\/24\/62.1-242","url":"\/62.1-242\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-242\/","token":"62.1\/24\/62.1-242","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-242","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires otherwise:\n\t\t“Beneficial use<\/span>” means both instream and offstream uses. Instream beneficial uses<\/span> include but are not limited to protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses<\/span> include but are not limited to domestic (including public water supply), agricultural, electric power generation, commercial, and industrial uses. Domestic and other existing beneficial uses<\/span> shall be considered the highest priority beneficial uses<\/span>.\n\t\t“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.\n\t\t“Nonconsumptive use<\/span>” means the use of water withdrawn from a stream in such a manner that it is returned to the stream without substantial diminution in quantity at or near the point from which it was taken and would not result in or exacerbate low flow conditions.\n\t\t“Surface water withdrawal permit<\/span>” means a document issued by the Board<\/span> evidencing the right to withdraw surface water.\n\t\t“Surface water management area<\/span>” means a geographically defined surface water area in which the Board<\/span> has deemed the levels or supply of surface water to be potentially adverse to public welfare, health and safety.\n\t\t“Surface water” means any water in the Commonwealth, except ground water, as defined in \u00a7 62.1-255<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 62.1-242)\n\nAs used in this chapter, unless the context requires otherwise:\n\t\t“Beneficial use” means both instream and offstream uses. Instream\nbeneficial uses include but are not limited to protection of fish and wildlife\nhabitat, maintenance of waste assimilation, recreation, navigation, and cultural\nand aesthetic values. Offstream beneficial uses include but are not limited to\ndomestic (including public water supply), agricultural, electric power\ngeneration, commercial, and industrial uses. Domestic and other existing\nbeneficial uses shall be considered the highest priority beneficial uses.\n\t\t“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\t\t“Nonconsumptive use” means the use of water withdrawn from a\nstream in such a manner that it is returned to the stream without substantial\ndiminution in quantity at or near the point from which it was taken and would\nnot result in or exacerbate low flow conditions.\n\t\t“Surface water withdrawal permit” means a document issued by the\nBoard evidencing the right to withdraw surface water.\n\t\t“Surface water management area” means a geographically defined\nsurface water area in which the Board has deemed the levels or supply of surface\nwater to be potentially adverse to public welfare, health and safety.\n\t\t“Surface water” means any water in the Commonwealth, except ground\nwater, as defined in \u00a7 62.1-255.\n\nHISTORY: 1989, c. 721; 1992, c. 812; 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}}