{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-261.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-261.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-261.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-261.html"}],"law_id":74245,"edition_id":1,"section_id":74245,"structure_id":13595,"section_number":"62.1-261","catch_line":"Permits for existing ground water withdrawals in newly established ground water management areas","history":"1992, c. 812.","full_text":"A\n\nPersons withdrawing ground water in any area declared a ground water management area on or after July 1, 1992, shall file an application within six months after the ground water management area has been declared in order to obtain a permit for withdrawals. The Board shall issue permits for the total amount of ground water withdrawn during any consecutive twelve-month period in the five years preceding said declaration, together with such savings as can be demonstrated to have been achieved through water conservation.B\n\nPersons withdrawing ground water for agricultural or livestock watering purposes in any area declared a ground water management area on or after July 1, 1992, shall file an application within six months after the ground water management area has been declared in order to obtain a permit for withdrawals. The Board shall issue permits for the total amount of ground water withdrawn during any consecutive twelve-month period in the ten-year period preceding such declaration, together with such savings as can be demonstrated to have been achieved through water conservation.C\n\nPersons withdrawing ground water in any area declared a ground water management area on or after July 1, 1992, may continue such withdrawal until the required permit application is acted on by the Board, provided that the permit application is filed within the six-month period following the declaration.D\n\nPersons applying for a ground water withdrawal permit issued pursuant to this section may request that they be permitted to withdraw more ground water than the amount to which they may be entitled based on their historic usage as set forth in this section. The Board in its discretion may issue a permit for a greater amount than that which is based on historic usage, upon consideration of factors set forth in § 62.1-263.E\n\nFailure by any person covered by the provisions of subsection A or B to file an application for a ground water withdrawal permit within the six months following the declaration of the ground water management area creates a presumption that any claim to withdraw ground water based on history of usage has been abandoned. In reviewing any application for a ground water withdrawal permit subsequently made by such a person, the Board shall consider the factors set forth in § 62.1-263.","order_by":null,"text":{"0":{"id":266940,"text":"Persons withdrawing ground water in any area declared a ground water management area on or after July 1, 1992, shall file an application within six months after the ground water management area has been declared in order to obtain a permit for withdrawals. The Board shall issue permits for the total amount of ground water withdrawn during any consecutive twelve-month period in the five years preceding said declaration, together with such savings as can be demonstrated to have been achieved through water conservation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266941,"text":"Persons withdrawing ground water for agricultural or livestock watering purposes in any area declared a ground water management area on or after July 1, 1992, shall file an application within six months after the ground water management area has been declared in order to obtain a permit for withdrawals. The Board shall issue permits for the total amount of ground water withdrawn during any consecutive twelve-month period in the ten-year period preceding such declaration, together with such savings as can be demonstrated to have been achieved through water conservation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266942,"text":"Persons withdrawing ground water in any area declared a ground water management area on or after July 1, 1992, may continue such withdrawal until the required permit application is acted on by the Board, provided that the permit application is filed within the six-month period following the declaration.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":266943,"text":"Persons applying for a ground water withdrawal permit issued pursuant to this section may request that they be permitted to withdraw more ground water than the amount to which they may be entitled based on their historic usage as set forth in this section. The Board in its discretion may issue a permit for a greater amount than that which is based on historic usage, upon consideration of factors set forth in § 62.1-263.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":266944,"text":"Failure by any person covered by the provisions of subsection A or B to file an application for a ground water withdrawal permit within the six months following the declaration of the ground water management area creates a presumption that any claim to withdraw ground water based on history of usage has been abandoned. In reviewing any application for a ground water withdrawal permit subsequently made by such a person, the Board shall consider the factors set forth in § 62.1-263.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13595,"edition_id":1,"name":"Ground Water Management Act of 1992","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":269039,"object_type":"structure","relational_id":13595,"identifier":"25","token":"62.1\/25","url":"\/62.1\/25\/","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":66154,"structure_id":13595,"section_number":"62.1-254","catch_line":"Findings and purpose","url":"\/62.1-254\/","token":"62.1\/25\/62.1-254","metadata":false},{"id":79593,"structure_id":13595,"section_number":"62.1-255","catch_line":"Definitions","url":"\/62.1-255\/","token":"62.1\/25\/62.1-255","metadata":false},{"id":61205,"structure_id":13595,"section_number":"62.1-255.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/62.1-255.1\/","token":"62.1\/25\/62.1-255.1","metadata":false},{"id":78244,"structure_id":13595,"section_number":"62.1-256","catch_line":" Duties of Board","url":"\/62.1-256\/","token":"62.1\/25\/62.1-256","metadata":false},{"id":66336,"structure_id":13595,"section_number":"62.1-256.1","catch_line":"Expired","url":"\/62.1-256.1\/","token":"62.1\/25\/62.1-256.1","metadata":false},{"id":81341,"structure_id":13595,"section_number":"62.1-256.2","catch_line":"(Expires July 1, 2030) Eastern Virginia Groundwater Management Advisory Committee established; sunset","url":"\/62.1-256.2\/","token":"62.1\/25\/62.1-256.2","metadata":false},{"id":84825,"structure_id":13595,"section_number":"62.1-257","catch_line":"When Board may initiate a ground water management area study proceeding; hearing required","url":"\/62.1-257\/","token":"62.1\/25\/62.1-257","metadata":false},{"id":78237,"structure_id":13595,"section_number":"62.1-258","catch_line":"Use of ground water in ground water management area; registration of well construction required","url":"\/62.1-258\/","token":"62.1\/25\/62.1-258","metadata":false},{"id":84483,"structure_id":13595,"section_number":"62.1-258.1","catch_line":"Irrigation wells for nonagricultural use prohibited; exceptions","url":"\/62.1-258.1\/","token":"62.1\/25\/62.1-258.1","metadata":false},{"id":85111,"structure_id":13595,"section_number":"62.1-259","catch_line":" Certain withdrawals; permit not required","url":"\/62.1-259\/","token":"62.1\/25\/62.1-259","metadata":false},{"id":60711,"structure_id":13595,"section_number":"62.1-259.1","catch_line":"Certain withdrawals; technical evaluation required","url":"\/62.1-259.1\/","token":"62.1\/25\/62.1-259.1","metadata":false},{"id":63995,"structure_id":13595,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","url":"\/62.1-260\/","token":"62.1\/25\/62.1-260","metadata":false},{"id":74245,"structure_id":13595,"section_number":"62.1-261","catch_line":"Permits for existing ground water withdrawals in newly established ground water management areas","url":"\/62.1-261\/","token":"62.1\/25\/62.1-261","metadata":false},{"id":70026,"structure_id":13595,"section_number":"62.1-262","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals","url":"\/62.1-262\/","token":"62.1\/25\/62.1-262","metadata":false},{"id":83090,"structure_id":13595,"section_number":"62.1-262.1","catch_line":"Permits for withdrawals from Eastern Shore Groundwater Management Area","url":"\/62.1-262.1\/","token":"62.1\/25\/62.1-262.1","metadata":false},{"id":77402,"structure_id":13595,"section_number":"62.1-262.2","catch_line":"Permits for certain ground water withdrawals in Eastern Virginia Groundwater Management Area","url":"\/62.1-262.2\/","token":"62.1\/25\/62.1-262.2","metadata":false},{"id":74151,"structure_id":13595,"section_number":"62.1-263","catch_line":"Criteria for issuance of permits","url":"\/62.1-263\/","token":"62.1\/25\/62.1-263","metadata":false},{"id":66178,"structure_id":13595,"section_number":"62.1-263.1","catch_line":"Permit rationale","url":"\/62.1-263.1\/","token":"62.1\/25\/62.1-263.1","metadata":false},{"id":80966,"structure_id":13595,"section_number":"62.1-264","catch_line":"Permits for public water supplies","url":"\/62.1-264\/","token":"62.1\/25\/62.1-264","metadata":false},{"id":60586,"structure_id":13595,"section_number":"62.1-265","catch_line":"Drought relief wells","url":"\/62.1-265\/","token":"62.1\/25\/62.1-265","metadata":false},{"id":62679,"structure_id":13595,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","url":"\/62.1-266\/","token":"62.1\/25\/62.1-266","metadata":false},{"id":76472,"structure_id":13595,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","url":"\/62.1-267\/","token":"62.1\/25\/62.1-267","metadata":false},{"id":79539,"structure_id":13595,"section_number":"62.1-268","catch_line":"Issuance of special orders","url":"\/62.1-268\/","token":"62.1\/25\/62.1-268","metadata":false},{"id":78604,"structure_id":13595,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","url":"\/62.1-269\/","token":"62.1\/25\/62.1-269","metadata":false},{"id":54563,"structure_id":13595,"section_number":"62.1-270","catch_line":"Penalties","url":"\/62.1-270\/","token":"62.1\/25\/62.1-270","metadata":false}],"previous_section":{"id":63995,"structure_id":13595,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","url":"\/62.1-260\/","token":"62.1\/25\/62.1-260","metadata":false},"next_section":{"id":70026,"structure_id":13595,"section_number":"62.1-262","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals","url":"\/62.1-262\/","token":"62.1\/25\/62.1-262","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-261\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 812 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 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":78237,"section_number":"62.1-258","catch_line":"Use of ground water in ground water management area; registration of well construction required","order_by":null,"url":"\/62.1-258\/"},{"id":70026,"section_number":"62.1-262","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals","order_by":null,"url":"\/62.1-262\/"}],"refers_to":[{"id":74151,"section_number":"62.1-263","catch_line":"Criteria for issuance of permits","order_by":null,"url":"\/62.1-263\/"}],"permalink":{"id":269089,"object_type":"law","relational_id":74245,"identifier":"62.1-261","token":"62.1\/25\/62.1-261","url":"\/62.1-261\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-261\/","token":"62.1\/25\/62.1-261","dublin_core":{"Title":"Permits for existing ground water withdrawals in newly established ground water management areas","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-261","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Persons<\/span> withdrawing ground water<\/span> in any area declared a ground water<\/span> management area on or after July 1, 1992, shall file an application within six months after the ground water<\/span> management area has been declared in order<\/span> to obtain a permit for withdrawals. The Board<\/span> shall issue<\/span> permits for the total amount of ground water<\/span> withdrawn during any consecutive twelve-month period in the five years preceding said declaration, together with such savings as can be demonstrated to have been achieved through water conservation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Persons<\/span> withdrawing ground water<\/span> for agricultural or livestock watering purposes in any area declared a ground water<\/span> management area on or after July 1, 1992, shall file an application within six months after the ground water<\/span> management area has been declared in order<\/span> to obtain a permit for withdrawals. The Board<\/span> shall issue<\/span> permits for the total amount of ground water<\/span> withdrawn during any consecutive twelve-month period in the ten-year period preceding such declaration, together with such savings as can be demonstrated to have been achieved through water conservation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Persons<\/span> withdrawing ground water<\/span> in any area declared a ground water<\/span> management area on or after July 1, 1992, may continue such withdrawal until the required permit application is acted on by the Board<\/span>, provided that the permit application is filed within the six-month period following the declaration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Persons<\/span> applying for a ground water withdrawal permit<\/span> issued pursuant to this section may request that they be permitted to withdraw more ground water than the amount to which they may be entitled based on their historic usage as set forth in this section. The Board<\/span> in its discretion may issue<\/span> a permit for a greater amount than that which is based on historic usage, upon consideration of factors set forth in § 62.1-263<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Failure by any person<\/span> covered by the provisions of subsection A or B to file an application for a ground water withdrawal permit<\/span> within the six months following the declaration of the ground water management area creates a presumption<\/span> that any claim to withdraw ground water based on history of usage has been abandoned. In reviewing any application for a ground water withdrawal permit<\/span> subsequently made by such a person<\/span>, the Board<\/span> shall consider the factors set forth in § 62.1-263<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMITS FOR EXISTING GROUND WATER WITHDRAWALS IN NEWLY ESTABLISHED GROUND WATER\nMANAGEMENT AREAS (\u00a7 62.1-261)\n\nA. Persons withdrawing ground water in any area declared a ground water\nmanagement area on or after July 1, 1992, shall file an application within six\nmonths after the ground water management area has been declared in order to\nobtain a permit for withdrawals. The Board shall issue permits for the total\namount of ground water withdrawn during any consecutive twelve-month period in\nthe five years preceding said declaration, together with such savings as can be\ndemonstrated to have been achieved through water conservation.\n\nB. Persons withdrawing ground water for agricultural or livestock watering\npurposes in any area declared a ground water management area on or after July 1,\n1992, shall file an application within six months after the ground water\nmanagement area has been declared in order to obtain a permit for withdrawals.\nThe Board shall issue permits for the total amount of ground water withdrawn\nduring any consecutive twelve-month period in the ten-year period preceding such\ndeclaration, together with such savings as can be demonstrated to have been\nachieved through water conservation.\n\nC. Persons withdrawing ground water in any area declared a ground water\nmanagement area on or after July 1, 1992, may continue such withdrawal until the\nrequired permit application is acted on by the Board, provided that the permit\napplication is filed within the six-month period following the declaration.\n\nD. Persons applying for a ground water withdrawal permit issued pursuant to this\nsection may request that they be permitted to withdraw more ground water than\nthe amount to which they may be entitled based on their historic usage as set\nforth in this section. The Board in its discretion may issue a permit for a\ngreater amount than that which is based on historic usage, upon consideration of\nfactors set forth in § 62.1-263.\n\nE. Failure by any person covered by the provisions of subsection A or B to file\nan application for a ground water withdrawal permit within the six months\nfollowing the declaration of the ground water management area creates a\npresumption that any claim to withdraw ground water based on history of usage\nhas been abandoned. In reviewing any application for a ground water withdrawal\npermit subsequently made by such a person, the Board shall consider the factors\nset forth in § 62.1-263.\n\nHISTORY: 1992, c. 812.","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}}