{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-245.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-245.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-245.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-245.html"}],"law_id":71712,"edition_id":1,"section_id":71712,"structure_id":14738,"section_number":"62.1-245","catch_line":"Agreements among persons withdrawing surface water","history":"1989, c. 721; 1999, c. 561.","full_text":"In the administration of this chapter, the Board shall encourage, promote and recognize voluntary agreements among persons withdrawing surface water in the same surface water management area. When the Board finds that any such agreement, executed in writing and filed with the Board, is consistent with the intent, purposes and requirements of this chapter, the Board shall approve the agreement following a public hearing. The Board shall provide at least sixty days’ notice of the public hearing to the public in general and individually to those persons withdrawing surface water in the surface water management area who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies. The Board shall be a party to the agreement. The agreement, until terminated, shall control in lieu of a formal order, rule, regulation or permit issued by the Board under the provisions of this chapter, and shall be deemed to be a case decision under the Administrative Process Act (\u00a7 2.2-4000 et seq.). Any agreement shall specify the amount of water affected thereby.\n\t\tAny agreement approved by the Board may include conditions which can result in its amendment or termination by the Board, following a public hearing, if the Board finds that it or its effect is inconsistent with the intent, purposes and requirements of this chapter. Such conditions may include (i) a determination by the Board that the agreement originally approved by the Board will not further the purposes of this chapter, (ii) a determination by the Board that circumstances have changed such that the agreement originally approved by the Board will no longer further the purposes by this chapter, or (iii) one or more parties to the agreement is not fulfilling its commitments under the agreement. The Board shall provide at least sixty days’ notice of the public hearing to the public in general and individually to those persons withdrawing surface water in the surface water management area who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies.","order_by":null,"text":{"0":{"id":258385,"text":"In the administration of this chapter, the Board shall encourage, promote and recognize voluntary agreements among persons withdrawing surface water in the same surface water management area. When the Board finds that any such agreement, executed in writing and filed with the Board, is consistent with the intent, purposes and requirements of this chapter, the Board shall approve the agreement following a public hearing. The Board shall provide at least sixty days’ notice of the public hearing to the public in general and individually to those persons withdrawing surface water in the surface water management area who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies. The Board shall be a party to the agreement. The agreement, until terminated, shall control in lieu of a formal order, rule, regulation or permit issued by the Board under the provisions of this chapter, and shall be deemed to be a case decision under the Administrative Process Act (\u00a7 2.2-4000 et seq.). Any agreement shall specify the amount of water affected thereby.\n\t\tAny agreement approved by the Board may include conditions which can result in its amendment or termination by the Board, following a public hearing, if the Board finds that it or its effect is inconsistent with the intent, purposes and requirements of this chapter. Such conditions may include (i) a determination by the Board that the agreement originally approved by the Board will not further the purposes of this chapter, (ii) a determination by the Board that circumstances have changed such that the agreement originally approved by the Board will no longer further the purposes by this chapter, or (iii) one or more parties to the agreement is not fulfilling its commitments under the agreement. The Board shall provide at least sixty days’ notice of the public hearing to the public in general and individually to those persons withdrawing surface water in the surface water management area who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-245\/","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 1 time. 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. That modification is as follows: in 1999, chapter 561<\/a>.<\/p>","references":[{"id":58100,"section_number":"62.1-247","catch_line":"Use of surface water in surface water management area","order_by":null,"url":"\/62.1-247\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":268995,"object_type":"law","relational_id":71712,"identifier":"62.1-245","token":"62.1\/24\/62.1-245","url":"\/62.1-245\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-245\/","token":"62.1\/24\/62.1-245","dublin_core":{"Title":"Agreements among persons withdrawing surface water","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-245","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In the administration of this chapter, the Board<\/span> shall encourage, promote and recognize voluntary agreements among persons withdrawing surface water in the same surface water management area<\/span>. When the Board<\/span> finds that any such agreement, executed in writing and filed with the Board<\/span>, is consistent with the intent<\/span>, purposes and requirements of this chapter, the Board<\/span> shall approve the agreement following a public hearing<\/span>. The Board<\/span> shall provide at least sixty days’ notice of the public hearing<\/span> to the public in general and individually to those persons withdrawing surface water in the surface water management area<\/span> who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies. The Board<\/span> shall be a party<\/span> to the agreement. The agreement, until terminated, shall control in lieu of a formal order<\/span>, rule, regulation or permit issued by the Board<\/span> under the provisions of this chapter, and shall be deemed to be a case decision under the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.). Any agreement shall specify the amount of water affected thereby.\n\t\tAny agreement approved by the Board<\/span> may include conditions which can result in its amendment or termination by the Board<\/span>, following a public hearing<\/span>, if the Board<\/span> finds that it or its effect is inconsistent with the intent<\/span>, purposes and requirements of this chapter. Such conditions may include (i) a determination by the Board<\/span> that the agreement originally approved by the Board<\/span> will not further the purposes of this chapter, (ii) a determination by the Board<\/span> that circumstances have changed such that the agreement originally approved by the Board<\/span> will no longer further the purposes by this chapter, or (iii) one or more parties to the agreement is not fulfilling its commitments under the agreement. The Board<\/span> shall provide at least sixty days’ notice of the public hearing<\/span> to the public in general and individually to those persons withdrawing surface water in the surface water management area<\/span> who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGREEMENTS AMONG PERSONS WITHDRAWING SURFACE WATER (\u00a7 62.1-245)\n\nIn the administration of this chapter, the Board shall encourage, promote and\nrecognize voluntary agreements among persons withdrawing surface water in the\nsame surface water management area. When the Board finds that any such\nagreement, executed in writing and filed with the Board, is consistent with the\nintent, purposes and requirements of this chapter, the Board shall approve the\nagreement following a public hearing. The Board shall provide at least sixty\ndays’ notice of the public hearing to the public in general and\nindividually to those persons withdrawing surface water in the surface water\nmanagement area who are not parties to the agreement, and shall make a good\nfaith effort to so notify recreational user groups, conservation organizations\nand fisheries management agencies. The Board shall be a party to the agreement.\nThe agreement, until terminated, shall control in lieu of a formal order, rule,\nregulation or permit issued by the Board under the provisions of this chapter,\nand shall be deemed to be a case decision under the Administrative Process Act\n(\u00a7 2.2-4000 et seq.). Any agreement shall specify the amount of water affected\nthereby.\n\t\tAny agreement approved by the Board may include conditions which can result in\nits amendment or termination by the Board, following a public hearing, if the\nBoard finds that it or its effect is inconsistent with the intent, purposes and\nrequirements of this chapter. Such conditions may include (i) a determination by\nthe Board that the agreement originally approved by the Board will not further\nthe purposes of this chapter, (ii) a determination by the Board that\ncircumstances have changed such that the agreement originally approved by the\nBoard will no longer further the purposes by this chapter, or (iii) one or more\nparties to the agreement is not fulfilling its commitments under the agreement.\nThe Board shall provide at least sixty days’ notice of the public hearing\nto the public in general and individually to those persons withdrawing surface\nwater in the surface water management area who are not parties to the agreement,\nand shall make a good faith effort to so notify recreational user groups,\nconservation organizations and fisheries management agencies.\n\nHISTORY: 1989, c. 721; 1999, c. 561.","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}}