{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_5.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_5.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_5.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_5.02.html"}],"law_id":85683,"edition_id":1,"section_id":85683,"structure_id":13015,"section_number":"62.1-44.15:5.02","catch_line":"Low-flow protections in Potomac River","history":"2007, c. 656.","full_text":"A\n\nVirginia Water Protection Permits issued after July 1, 2007, authorizing withdrawal of water from the Potomac River or its tributaries between the West Virginia border and Little Falls for any purpose other than municipal water supply, shall incorporate low-flow protection requirements if the maximum consumptive use allowed by the permit exceeds 500,000 gallons per day. Such permits shall require that the permittee provide or secure sufficient offstream storage to augment instream flow during low-flow periods in an amount equal to the amount that the permittee’s consumptive use exceeds 500,000 gallons per day. The permit shall specify the instream flow volume at which low-flow protection is to be implemented.B\n\nPermittees may comply with the requirements of this section by: (i) constructing or acquiring facilities for offstream storage of water that may be used to replace their consumptive use withdrawals exceeding 500,000 gallons per day during low-flow periods; (ii) purchasing storage capacity in facilities owned by another entity, sufficient to replace their consumptive use withdrawals exceeding 500,000 gallons per day during low-flow periods; or (iii) agreeing to a permit condition limiting consumptive use to not more than 500,000 gallons per day during low-flow periods as designated in the permit.C\n\nNo owner who holds a Virginia Water Protection Permit as described in this section shall withdraw water for consumptive use in excess of 500,000 gallons per day, except in compliance with permit requirements for low-flow augmentation.D\n\nShould the implementation of emergency measures pursuant to applicable law, regulation, or interjurisdictional agreement require more stringent temporary restrictions on consumptive use, those requirements shall override the provisions of permits issued pursuant to this section during the period that such requirements are in effect.E\n\nThe requirements of this section shall not apply to the reissuance or amendment of any Virginia Water Protection Permit issued prior to July 1, 2007, unless such reissuance or amendment: (i) authorizes an increase in the permitted withdrawal in excess of 500,000 gallons per day for consumptive use; or (ii) authorizes a change from nonconsumptive to consumptive use, in excess of 500,000 gallons per day.","order_by":null,"text":{"0":{"id":306876,"text":"Virginia Water Protection Permits issued after July 1, 2007, authorizing withdrawal of water from the Potomac River or its tributaries between the West Virginia border and Little Falls for any purpose other than municipal water supply, shall incorporate low-flow protection requirements if the maximum consumptive use allowed by the permit exceeds 500,000 gallons per day. Such permits shall require that the permittee provide or secure sufficient offstream storage to augment instream flow during low-flow periods in an amount equal to the amount that the permittee’s consumptive use exceeds 500,000 gallons per day. The permit shall specify the instream flow volume at which low-flow protection is to be implemented.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306877,"text":"Permittees may comply with the requirements of this section by: (i) constructing or acquiring facilities for offstream storage of water that may be used to replace their consumptive use withdrawals exceeding 500,000 gallons per day during low-flow periods; (ii) purchasing storage capacity in facilities owned by another entity, sufficient to replace their consumptive use withdrawals exceeding 500,000 gallons per day during low-flow periods; or (iii) agreeing to a permit condition limiting consumptive use to not more than 500,000 gallons per day during low-flow periods as designated in the permit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306878,"text":"No owner who holds a Virginia Water Protection Permit as described in this section shall withdraw water for consumptive use in excess of 500,000 gallons per day, except in compliance with permit requirements for low-flow augmentation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306879,"text":"Should the implementation of emergency measures pursuant to applicable law, regulation, or interjurisdictional agreement require more stringent temporary restrictions on consumptive use, those requirements shall override the provisions of permits issued pursuant to this section during the period that such requirements are in effect.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":306880,"text":"The requirements of this section shall not apply to the reissuance or amendment of any Virginia Water Protection Permit issued prior to July 1, 2007, unless such reissuance or amendment: (i) authorizes an increase in the permitted withdrawal in excess of 500,000 gallons per day for consumptive use; or (ii) authorizes a change from nonconsumptive to consumptive use, in excess of 500,000 gallons per day.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13015,"edition_id":1,"name":"Control Board Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269343,"object_type":"structure","relational_id":13015,"identifier":"2","token":"62.1\/3.1\/2","url":"\/62.1\/3.1\/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":69471,"structure_id":13015,"section_number":"62.1-44.10","catch_line":"Repealed","url":"\/62.1-44.10\/","token":"62.1\/3.1\/2\/62.1-44.10","metadata":false},{"id":63082,"structure_id":13015,"section_number":"62.1-44.11","catch_line":"Meetings","url":"\/62.1-44.11\/","token":"62.1\/3.1\/2\/62.1-44.11","metadata":false},{"id":57347,"structure_id":13015,"section_number":"62.1-44.12","catch_line":"Records of proceedings; special orders, standards, policies, rules and regulations","url":"\/62.1-44.12\/","token":"62.1\/3.1\/2\/62.1-44.12","metadata":false},{"id":55150,"structure_id":13015,"section_number":"62.1-44.13","catch_line":"Inspections and investigations, etc","url":"\/62.1-44.13\/","token":"62.1\/3.1\/2\/62.1-44.13","metadata":false},{"id":86378,"structure_id":13015,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","url":"\/62.1-44.14\/","token":"62.1\/3.1\/2\/62.1-44.14","metadata":false},{"id":56006,"structure_id":13015,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","url":"\/62.1-44.15\/","token":"62.1\/3.1\/2\/62.1-44.15","metadata":false},{"id":79846,"structure_id":13015,"section_number":"62.1-44.15:01","catch_line":"Further duties of Board; localities particularly affected","url":"\/62.1-44.15_01\/","token":"62.1\/3.1\/2\/62.1-44.15_01","metadata":false},{"id":61408,"structure_id":13015,"section_number":"62.1-44.15:02","catch_line":"Repealed","url":"\/62.1-44.15_02\/","token":"62.1\/3.1\/2\/62.1-44.15_02","metadata":false},{"id":70198,"structure_id":13015,"section_number":"62.1-44.15:03","catch_line":"Disposal of fill; 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publicly owned treatment works","url":"\/62.1-44.15_5.3\/","token":"62.1\/3.1\/2\/62.1-44.15_5.3","metadata":false},{"id":61087,"structure_id":13015,"section_number":"62.1-44.7","catch_line":"Board continued","url":"\/62.1-44.7\/","token":"62.1\/3.1\/2\/62.1-44.7","metadata":false},{"id":59377,"structure_id":13015,"section_number":"62.1-44.8","catch_line":"Number, appointment and terms of members","url":"\/62.1-44.8\/","token":"62.1\/3.1\/2\/62.1-44.8","metadata":false},{"id":65218,"structure_id":13015,"section_number":"62.1-44.9","catch_line":"Qualifications of members","url":"\/62.1-44.9\/","token":"62.1\/3.1\/2\/62.1-44.9","metadata":false}],"previous_section":{"id":54866,"structure_id":13015,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","url":"\/62.1-44.15_5.01\/","token":"62.1\/3.1\/2\/62.1-44.15_5.01","metadata":false},"next_section":{"id":55185,"structure_id":13015,"section_number":"62.1-44.15:5.1","catch_line":"General permit for certain water quality improvement activities","url":"\/62.1-44.15_5.1\/","token":"62.1\/3.1\/2\/62.1-44.15_5.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:5.02\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 656<\/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.<\/p>","references":false,"refers_to":false,"permalink":{"id":269417,"object_type":"law","relational_id":85683,"identifier":"62.1-44.15:5.02","token":"62.1\/3.1\/2\/62.1-44.15_5.02","url":"\/62.1-44.15_5.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_5.02\/","token":"62.1\/3.1\/2\/62.1-44.15_5.02","dublin_core":{"Title":"Low-flow protections in Potomac River","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:5.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Virginia Water Protection Permits issued after July 1, 2007, authorizing withdrawal of water from the Potomac River or its tributaries between the West Virginia border and Little Falls for any purpose other than municipal water supply, shall incorporate low-flow protection requirements if the maximum consumptive use allowed by the permit exceeds 500,000 gallons per day. Such permits shall require that the permittee provide or secure sufficient offstream storage to augment instream flow during low-flow periods in an amount equal to the amount that the permittee’s consumptive use exceeds 500,000 gallons per day. The permit shall specify the instream flow volume at which low-flow protection is to be implemented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Permittees may comply with the requirements of this section by: (i) constructing or acquiring facilities for offstream storage of water that may be used to replace their consumptive use withdrawals exceeding 500,000 gallons per day during low-flow periods; (ii) purchasing storage capacity in facilities owned by another entity, sufficient to replace their consumptive use withdrawals exceeding 500,000 gallons per day during low-flow periods; or (iii) agreeing to a permit condition limiting consumptive use to not more than 500,000 gallons per day during low-flow periods as designated in the permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No owner<\/span> who holds a Virginia Water Protection Permit as described in this section shall withdraw water for consumptive use in excess of 500,000 gallons per day, except in compliance with permit requirements for low-flow augmentation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Should the implementation of emergency measures pursuant to applicable law<\/span>, regulation<\/span>, or interjurisdictional agreement require more stringent temporary restrictions on consumptive use, those requirements shall override the provisions of permits issued pursuant to this section during the period that such requirements are in effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The requirements of this section shall not apply to the reissuance or amendment of any Virginia Water Protection Permit issued prior to July 1, 2007, unless such reissuance or amendment: (i) authorizes an increase in the permitted withdrawal in excess of 500,000 gallons per day for consumptive use; or (ii) authorizes a change from nonconsumptive to consumptive use, in excess of 500,000 gallons per day. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOW-FLOW PROTECTIONS IN POTOMAC RIVER (\u00a7 62.1-44.15:5.02)\n\nA. Virginia Water Protection Permits issued after July 1, 2007, authorizing\nwithdrawal of water from the Potomac River or its tributaries between the West\nVirginia border and Little Falls for any purpose other than municipal water\nsupply, shall incorporate low-flow protection requirements if the maximum\nconsumptive use allowed by the permit exceeds 500,000 gallons per day. Such\npermits shall require that the permittee provide or secure sufficient offstream\nstorage to augment instream flow during low-flow periods in an amount equal to\nthe amount that the permittee’s consumptive use exceeds 500,000 gallons\nper day. The permit shall specify the instream flow volume at which low-flow\nprotection is to be implemented.\n\nB. Permittees may comply with the requirements of this section by: (i)\nconstructing or acquiring facilities for offstream storage of water that may be\nused to replace their consumptive use withdrawals exceeding 500,000 gallons per\nday during low-flow periods; (ii) purchasing storage capacity in facilities\nowned by another entity, sufficient to replace their consumptive use withdrawals\nexceeding 500,000 gallons per day during low-flow periods; or (iii) agreeing to\na permit condition limiting consumptive use to not more than 500,000 gallons per\nday during low-flow periods as designated in the permit.\n\nC. No owner who holds a Virginia Water Protection Permit as described in this\nsection shall withdraw water for consumptive use in excess of 500,000 gallons\nper day, except in compliance with permit requirements for low-flow\naugmentation.\n\nD. Should the implementation of emergency measures pursuant to applicable law,\nregulation, or interjurisdictional agreement require more stringent temporary\nrestrictions on consumptive use, those requirements shall override the\nprovisions of permits issued pursuant to this section during the period that\nsuch requirements are in effect.\n\nE. The requirements of this section shall not apply to the reissuance or\namendment of any Virginia Water Protection Permit issued prior to July 1, 2007,\nunless such reissuance or amendment: (i) authorizes an increase in the permitted\nwithdrawal in excess of 500,000 gallons per day for consumptive use; or (ii)\nauthorizes a change from nonconsumptive to consumptive use, in excess of 500,000\ngallons per day.\n\nHISTORY: 2007, c. 656.","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}}