{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_22.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_22.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_22.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_22.html"}],"law_id":80548,"edition_id":1,"section_id":80548,"structure_id":16155,"section_number":"62.1-44.15:22","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow","history":"2007, c. 659; 2021, Sp. Sess. I, c. 100; 2024, c. 251.","full_text":"A\n\n1. Conditions contained in a Virginia Water Protection Permit may include the volume of water that may be withdrawn as a part of the permitted activity and conditions necessary to protect beneficial uses. Domestic and other existing beneficial uses shall be considered the highest priority uses. The Board is authorized to utilize and incorporate comprehensive groundwater, surface water, and aquifer data in its permit decision. Such data may include information relating to water levels, flow rates, and water quality.2\n\nEvery application for a Virginia Water Protection Permit for a surface water withdrawal shall include a (i) water auditing plan and (ii) leak detection and repair plan. Both such plans shall comply with requirements established by the Board in regulations. The Board shall approve every water auditing plan and leak detection and repair plan that complies with such regulatory requirements. Once approved by the Board, such water auditing plan and leak detection and repair plan shall be incorporated by reference as a condition in the Virginia Water Protection Permit. The Board shall not issue a Virginia Water Protection Permit for a surface water withdrawal without an approved water auditing plan and an approved leak detection and repair plan.B\n\nNotwithstanding any other provision of law, no Virginia Water Protection Permit shall be required for any water withdrawal in existence on July 1, 1989; however, a permit shall be required if a new § 401 certification is required to increase a withdrawal. No Virginia Water Protection Permit shall be required for any water withdrawal not in existence on July 1, 1989, if the person proposing to make the withdrawal received a § 401 certification before January 1, 1989, with respect to installation of any necessary withdrawal structures to make such withdrawal; however, a permit shall be required before any such withdrawal is increased beyond the amount authorized by the certification.C\n\nThe Board may issue an Emergency Virginia Water Protection Permit for a new or increased withdrawal when it finds that because of drought there is an insufficient public drinking water supply that may result in a substantial threat to human health or public safety. Such a permit may be issued to authorize the proposed activity only after conservation measures mandated by local or state authorities have failed to protect public health and safety and notification of the agencies designated in subsection C of § 62.1-44.15:20 and only for the amount of water necessary to protect public health and safety. Such agencies shall have five days to provide comments or written recommendations on the issuance of the permit. Notwithstanding the provisions of subsection B of § 62.1-44.15:20, no public comment shall be required prior to issuance of the emergency permit. Not later than 14 days after the issuance of the emergency permit, the permit holder shall apply for a Virginia Water Protection Permit authorized under other provisions of this section. The application for such Virginia Water Protection Permit shall be subject to public comment for a period established by the Board. Any Emergency Virginia Water Protection Permit issued under this section shall be valid until the Board approves or denies the subsequent request for a Virginia Water Protection Permit or for a period of one year, whichever occurs sooner. The fee for the emergency permit shall be 50 percent of the fee charged for a comparable Virginia Water Protection Permit.","order_by":null,"text":{"0":{"id":288567,"text":"1. Conditions contained in a Virginia Water Protection Permit may include the volume of water that may be withdrawn as a part of the permitted activity and conditions necessary to protect beneficial uses. Domestic and other existing beneficial uses shall be considered the highest priority uses. The Board is authorized to utilize and incorporate comprehensive groundwater, surface water, and aquifer data in its permit decision. Such data may include information relating to water levels, flow rates, and water quality.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":288568,"text":"Every application for a Virginia Water Protection Permit for a surface water withdrawal shall include a (i) water auditing plan and (ii) leak detection and repair plan. Both such plans shall comply with requirements established by the Board in regulations. The Board shall approve every water auditing plan and leak detection and repair plan that complies with such regulatory requirements. Once approved by the Board, such water auditing plan and leak detection and repair plan shall be incorporated by reference as a condition in the Virginia Water Protection Permit. The Board shall not issue a Virginia Water Protection Permit for a surface water withdrawal without an approved water auditing plan and an approved leak detection and repair plan.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":288569,"text":"Notwithstanding any other provision of law, no Virginia Water Protection Permit shall be required for any water withdrawal in existence on July 1, 1989; however, a permit shall be required if a new § 401 certification is required to increase a withdrawal. No Virginia Water Protection Permit shall be required for any water withdrawal not in existence on July 1, 1989, if the person proposing to make the withdrawal received a § 401 certification before January 1, 1989, with respect to installation of any necessary withdrawal structures to make such withdrawal; however, a permit shall be required before any such withdrawal is increased beyond the amount authorized by the certification.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":288570,"text":"The Board may issue an Emergency Virginia Water Protection Permit for a new or increased withdrawal when it finds that because of drought there is an insufficient public drinking water supply that may result in a substantial threat to human health or public safety. Such a permit may be issued to authorize the proposed activity only after conservation measures mandated by local or state authorities have failed to protect public health and safety and notification of the agencies designated in subsection C of § 62.1-44.15:20 and only for the amount of water necessary to protect public health and safety. Such agencies shall have five days to provide comments or written recommendations on the issuance of the permit. Notwithstanding the provisions of subsection B of § 62.1-44.15:20, no public comment shall be required prior to issuance of the emergency permit. Not later than 14 days after the issuance of the emergency permit, the permit holder shall apply for a Virginia Water Protection Permit authorized under other provisions of this section. The application for such Virginia Water Protection Permit shall be subject to public comment for a period established by the Board. Any Emergency Virginia Water Protection Permit issued under this section shall be valid until the Board approves or denies the subsequent request for a Virginia Water Protection Permit or for a period of one year, whichever occurs sooner. The fee for the emergency permit shall be 50 percent of the fee charged for a comparable Virginia Water Protection Permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16155,"edition_id":1,"name":"Virginia Water Resources and Wetlands Protection Program","identifier":"2.2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:07:33","date_modified":"2026-06-26 04:07:33","permalink":{"id":269459,"object_type":"structure","relational_id":16155,"identifier":"2.2","token":"62.1\/3.1\/2.2","url":"\/62.1\/3.1\/2.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","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":82929,"structure_id":16155,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","url":"\/62.1-44.15_20\/","token":"62.1\/3.1\/2.2\/62.1-44.15_20","metadata":false},{"id":64181,"structure_id":16155,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","url":"\/62.1-44.15_21\/","token":"62.1\/3.1\/2.2\/62.1-44.15_21","metadata":false},{"id":80548,"structure_id":16155,"section_number":"62.1-44.15:22","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow","url":"\/62.1-44.15_22\/","token":"62.1\/3.1\/2.2\/62.1-44.15_22","metadata":false},{"id":64474,"structure_id":16155,"section_number":"62.1-44.15:23","catch_line":"Wetland and stream mitigation banks","url":"\/62.1-44.15_23\/","token":"62.1\/3.1\/2.2\/62.1-44.15_23","metadata":false},{"id":78947,"structure_id":16155,"section_number":"62.1-44.15:23.1","catch_line":"Wetland and Stream Replacement Fund established","url":"\/62.1-44.15_23.1\/","token":"62.1\/3.1\/2.2\/62.1-44.15_23.1","metadata":false}],"previous_section":{"id":64181,"structure_id":16155,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","url":"\/62.1-44.15_21\/","token":"62.1\/3.1\/2.2\/62.1-44.15_21","metadata":false},"next_section":{"id":64474,"structure_id":16155,"section_number":"62.1-44.15:23","catch_line":"Wetland and stream mitigation banks","url":"\/62.1-44.15_23\/","token":"62.1\/3.1\/2.2\/62.1-44.15_23","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:22\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 659<\/a> 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. 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 2024, chapter 251<\/a>.<\/p>","references":[{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":73113,"section_number":"62.1-44.29","catch_line":"Judicial review","order_by":null,"url":"\/62.1-44.29\/"}],"refers_to":[{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"}],"permalink":{"id":269469,"object_type":"law","relational_id":80548,"identifier":"62.1-44.15:22","token":"62.1\/3.1\/2.2\/62.1-44.15_22","url":"\/62.1-44.15_22\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_22\/","token":"62.1\/3.1\/2.2\/62.1-44.15_22","dublin_core":{"Title":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:22","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Conditions contained in a Virginia Water Protection Permit may include the volume of water that may be withdrawn as a part of the permitted activity and conditions necessary to protect beneficial uses<\/span>. Domestic and other existing beneficial uses<\/span> shall be considered the highest priority uses. The Board<\/span> is authorized to utilize and incorporate comprehensive groundwater, surface water, and aquifer data in its permit decision. Such data may include information relating to water levels, flow rates, and water quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Every application for a Virginia Water Protection Permit for a surface water withdrawal shall include a (i) water auditing plan and (ii) leak detection and repair plan. Both such plans shall comply with requirements established by the Board<\/span> in regulations<\/span>. The Board<\/span> shall approve every water auditing plan and leak detection and repair plan that complies with such regulatory requirements. Once approved by the Board<\/span>, such water auditing plan and leak detection and repair plan shall be incorporated by reference as a condition in the Virginia Water Protection Permit. The Board<\/span> shall not issue<\/span> a Virginia Water Protection Permit for a surface water withdrawal without an approved water auditing plan and an approved leak detection and repair plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, no Virginia Water Protection Permit shall be required for any water withdrawal in existence on July 1, 1989; however, a permit shall be required if a new § 401 certification is required to increase a withdrawal. No Virginia Water Protection Permit shall be required for any water withdrawal not in existence on July 1, 1989, if the person<\/span> proposing to make the withdrawal received a § 401 certification before January 1, 1989, with respect to installation of any necessary withdrawal structures to make such withdrawal; however, a permit shall be required before any such withdrawal is increased beyond the amount authorized by the certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may issue<\/span> an Emergency Virginia Water Protection Permit for a new or increased withdrawal when it finds that because of drought there is an insufficient public drinking water supply that may result in a substantial threat to human health or public safety. Such a permit may be issued to authorize the proposed activity only after conservation measures mandated by local or state authorities have failed to protect public health and safety and notification of the agencies designated in subsection C of § 62.1-44.15:20<\/a> and only for the amount of water necessary to protect public health and safety. Such agencies shall have five days to provide comments or written recommendations on the issuance of the permit. Notwithstanding the provisions of subsection B of § 62.1-44.15:20<\/a>, no public comment shall be required prior to issuance of the emergency permit. Not later than 14 days after the issuance of the emergency permit, the permit holder shall apply for a Virginia Water Protection Permit authorized under other provisions of this section. The application for such Virginia Water Protection Permit shall be subject to public comment for a period established by the Board<\/span>. Any Emergency Virginia Water Protection Permit issued under this section shall be valid until the Board<\/span> approves or denies the subsequent request for a Virginia Water Protection Permit or for a period of one year, whichever occurs sooner. The fee for the emergency permit shall be 50 percent of the fee charged for a comparable Virginia Water Protection Permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR CONTINGENT EFFECTIVE DATE, SEE ACTS 2021, SP. SESS. I, C. 100) WATER\nWITHDRAWALS AND PRESERVATION OF INSTREAM FLOW (\u00a7 62.1-44.15:22)\n\nA. 1. Conditions contained in a Virginia Water Protection Permit may include the\nvolume of water that may be withdrawn as a part of the permitted activity and\nconditions necessary to protect beneficial uses. Domestic and other existing\nbeneficial uses shall be considered the highest priority uses. The Board is\nauthorized to utilize and incorporate comprehensive groundwater, surface water,\nand aquifer data in its permit decision. Such data may include information\nrelating to water levels, flow rates, and water quality.\n\n 2. Every application for a Virginia Water Protection Permit for a surface\n water withdrawal shall include a (i) water auditing plan and (ii) leak\n detection and repair plan. Both such plans shall comply with requirements\n established by the Board in regulations. The Board shall approve every water\n auditing plan and leak detection and repair plan that complies with such\n regulatory requirements. Once approved by the Board, such water auditing plan\n and leak detection and repair plan shall be incorporated by reference as a\n condition in the Virginia Water Protection Permit. The Board shall not issue a\n Virginia Water Protection Permit for a surface water withdrawal without an\n approved water auditing plan and an approved leak detection and repair plan.\n\nB. Notwithstanding any other provision of law, no Virginia Water Protection\nPermit shall be required for any water withdrawal in existence on July 1, 1989;\nhowever, a permit shall be required if a new § 401 certification is\nrequired to increase a withdrawal. No Virginia Water Protection Permit shall be\nrequired for any water withdrawal not in existence on July 1, 1989, if the\nperson proposing to make the withdrawal received a § 401 certification\nbefore January 1, 1989, with respect to installation of any necessary withdrawal\nstructures to make such withdrawal; however, a permit shall be required before\nany such withdrawal is increased beyond the amount authorized by the\ncertification.\n\nC. The Board may issue an Emergency Virginia Water Protection Permit for a new\nor increased withdrawal when it finds that because of drought there is an\ninsufficient public drinking water supply that may result in a substantial\nthreat to human health or public safety. Such a permit may be issued to\nauthorize the proposed activity only after conservation measures mandated by\nlocal or state authorities have failed to protect public health and safety and\nnotification of the agencies designated in subsection C of § 62.1-44.15:20\nand only for the amount of water necessary to protect public health and safety.\nSuch agencies shall have five days to provide comments or written\nrecommendations on the issuance of the permit. Notwithstanding the provisions of\nsubsection B of § 62.1-44.15:20, no public comment shall be required prior\nto issuance of the emergency permit. Not later than 14 days after the issuance\nof the emergency permit, the permit holder shall apply for a Virginia Water\nProtection Permit authorized under other provisions of this section. The\napplication for such Virginia Water Protection Permit shall be subject to public\ncomment for a period established by the Board. Any Emergency Virginia Water\nProtection Permit issued under this section shall be valid until the Board\napproves or denies the subsequent request for a Virginia Water Protection Permit\nor for a period of one year, whichever occurs sooner. The fee for the emergency\npermit shall be 50 percent of the fee charged for a comparable Virginia Water\nProtection Permit.\n\nHISTORY: 2007, c. 659; 2021, Sp. Sess. I, c. 100; 2024, c. 251.","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}}