{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.38_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.38_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.38_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.38_1.html"}],"law_id":70785,"edition_id":1,"section_id":70785,"structure_id":15671,"section_number":"62.1-44.38:1","catch_line":"Comprehensive water supply planning process; state, regional, and local water supply plans","history":"2003, c. 227; 2006, c. 18; 2020, c. 1105; 2022, c. 331; 2023, cc. 36, 37.","full_text":"A\n\nThe Board, with advice and guidance from the Commissioner of Health, local governments, public service authorities, and other interested parties, shall establish a comprehensive water supply planning process for the development of local, regional, and state water supply plans consistent with the provisions of this chapter. This process shall be designed to (i) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth; (ii) encourage, promote, and protect all other beneficial uses of the Commonwealth’s water resources; (iii) encourage, promote, and develop incentives for alternative water sources, including desalinization; and (iv) encourage the development of cross-jurisdictional water supply projects.B\n\nThe Board shall adopt regulations designating regional planning areas based primarily on river basins as appropriate based on water supply sources. The Board shall consider existing interjurisdictional arrangements in designating regional planning areas. The Board may, as appropriate, designate multiple regional planning areas within a single river basin in order to enhance the manageability of planning within such basin. The regulations shall identify the particular regional planning area in which each locality shall participate and shall state which local stakeholder groups, including local governments, industrial and agricultural water users, public water suppliers, developers and economic development organizations, and conservation and environmental organizations, shall or may participate in coordinated water resource planning. The regulations shall provide a mechanism for a locality to request a change of its designated regional planning area to an adjoining planning area that is based on water supply source, river basin, or existing or planned cross-jurisdictional relationship, which change shall be effective upon approval of the Department, notwithstanding the provisions of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2. The regulations shall further recognize the localities that include any portion of the service area of a water supply utility in the Commonwealth that uses the Potomac River as a water supply source as a distinct regional planning area. Such plan shall incorporate the provisions of the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (2000), including provisions related to triggers, actions, and messages for the Potomac River drought evaluation region. Nothing in this subsection regarding the incorporation of such provisions shall be construed to limit the authority of the Governor during a declared drought emergency.C\n\n1. Each locality in a regional planning area shall participate in cross-jurisdictional, coordinated water resource planning. Such local coordination shall accommodate existing regional groups that have already developed water supply plans, including planning district commissions, and other regional planning entities as appropriate.2\n\nEach locality in a regional planning area shall develop and submit, with the other localities in that planning area, a single jointly produced regional water supply plan to the Department of Environmental Quality (the Department). Such regional water supply plan shall (i) clearly identify the region’s water supply risks and (ii) propose regional strategies to address those water supply risks.3\n\nEach regional water supply plan also shall comply with applicable criteria and guidelines developed by the Board. Such criteria and guidelines shall take into account existing local and regional water supply planning efforts and requirements imposed under other state or federal laws. The criteria and guidelines established by the Board shall not prohibit a town from entering into a regional water supply plan with an adjacent county in the same regional planning area.4\n\nThis section is intended to inform any regional water resource planning being done in the Commonwealth pursuant to interstate compacts.D\n\nThe Board and the Department shall prioritize the allocation of planning funds and other funds to localities that sufficiently participate in regional planning.E\n\nIn accordance with subdivision B 2 of § 62.1-44.38, the Department shall facilitate regional planning and provide assistance to each regional planning area as needed.","order_by":null,"text":{"0":{"id":255297,"text":"The Board, with advice and guidance from the Commissioner of Health, local governments, public service authorities, and other interested parties, shall establish a comprehensive water supply planning process for the development of local, regional, and state water supply plans consistent with the provisions of this chapter. This process shall be designed to (i) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth; (ii) encourage, promote, and protect all other beneficial uses of the Commonwealth’s water resources; (iii) encourage, promote, and develop incentives for alternative water sources, including desalinization; and (iv) encourage the development of cross-jurisdictional water supply projects.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255298,"text":"The Board shall adopt regulations designating regional planning areas based primarily on river basins as appropriate based on water supply sources. The Board shall consider existing interjurisdictional arrangements in designating regional planning areas. The Board may, as appropriate, designate multiple regional planning areas within a single river basin in order to enhance the manageability of planning within such basin. The regulations shall identify the particular regional planning area in which each locality shall participate and shall state which local stakeholder groups, including local governments, industrial and agricultural water users, public water suppliers, developers and economic development organizations, and conservation and environmental organizations, shall or may participate in coordinated water resource planning. The regulations shall provide a mechanism for a locality to request a change of its designated regional planning area to an adjoining planning area that is based on water supply source, river basin, or existing or planned cross-jurisdictional relationship, which change shall be effective upon approval of the Department, notwithstanding the provisions of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2. The regulations shall further recognize the localities that include any portion of the service area of a water supply utility in the Commonwealth that uses the Potomac River as a water supply source as a distinct regional planning area. Such plan shall incorporate the provisions of the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (2000), including provisions related to triggers, actions, and messages for the Potomac River drought evaluation region. Nothing in this subsection regarding the incorporation of such provisions shall be construed to limit the authority of the Governor during a declared drought emergency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255299,"text":"1. Each locality in a regional planning area shall participate in cross-jurisdictional, coordinated water resource planning. Such local coordination shall accommodate existing regional groups that have already developed water supply plans, including planning district commissions, and other regional planning entities as appropriate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":255300,"text":"Each locality in a regional planning area shall develop and submit, with the other localities in that planning area, a single jointly produced regional water supply plan to the Department of Environmental Quality (the Department). Such regional water supply plan shall (i) clearly identify the region’s water supply risks and (ii) propose regional strategies to address those water supply risks.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"4":{"id":255301,"text":"Each regional water supply plan also shall comply with applicable criteria and guidelines developed by the Board. Such criteria and guidelines shall take into account existing local and regional water supply planning efforts and requirements imposed under other state or federal laws. The criteria and guidelines established by the Board shall not prohibit a town from entering into a regional water supply plan with an adjacent county in the same regional planning area.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"5":{"id":255302,"text":"This section is intended to inform any regional water resource planning being done in the Commonwealth pursuant to interstate compacts.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"6":{"id":255303,"text":"The Board and the Department shall prioritize the allocation of planning funds and other funds to localities that sufficiently participate in regional planning.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"7":{"id":255304,"text":"In accordance with subdivision B 2 of § 62.1-44.38, the Department shall facilitate regional planning and provide assistance to each regional planning area as needed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15671,"edition_id":1,"name":"Conservation of Water Resources; State Water Control Board","identifier":"3.2","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:57:40","date_modified":"2026-06-26 03:57:40","permalink":{"id":270053,"object_type":"structure","relational_id":15671,"identifier":"3.2","token":"62.1\/3.2","url":"\/62.1\/3.2\/","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":60744,"structure_id":15671,"section_number":"62.1-44.35","catch_line":"Repealed","url":"\/62.1-44.35\/","token":"62.1\/3.2\/62.1-44.35","metadata":false},{"id":70308,"structure_id":15671,"section_number":"62.1-44.36","catch_line":"Responsibility of State Water Control Board; formulation of policy","url":"\/62.1-44.36\/","token":"62.1\/3.2\/62.1-44.36","metadata":false},{"id":59983,"structure_id":15671,"section_number":"62.1-44.37","catch_line":"Resolution of conflicts as to water use; public hearings","url":"\/62.1-44.37\/","token":"62.1\/3.2\/62.1-44.37","metadata":false},{"id":79402,"structure_id":15671,"section_number":"62.1-44.38","catch_line":"Plans and programs; registration of certain data by water users; advisory committees; committee membership for federal, state, and local agencies; water supply planning assistance","url":"\/62.1-44.38\/","token":"62.1\/3.2\/62.1-44.38","metadata":false},{"id":70785,"structure_id":15671,"section_number":"62.1-44.38:1","catch_line":"Comprehensive water supply planning process; state, regional, and local water supply plans","url":"\/62.1-44.38_1\/","token":"62.1\/3.2\/62.1-44.38_1","metadata":false},{"id":59960,"structure_id":15671,"section_number":"62.1-44.38:2","catch_line":"Expired","url":"\/62.1-44.38_2\/","token":"62.1\/3.2\/62.1-44.38_2","metadata":false},{"id":69693,"structure_id":15671,"section_number":"62.1-44.39","catch_line":"Technical advice and information to be made available","url":"\/62.1-44.39\/","token":"62.1\/3.2\/62.1-44.39","metadata":false},{"id":83083,"structure_id":15671,"section_number":"62.1-44.40","catch_line":"Governor and General Assembly to be advised; annual report","url":"\/62.1-44.40\/","token":"62.1\/3.2\/62.1-44.40","metadata":false},{"id":62059,"structure_id":15671,"section_number":"62.1-44.41","catch_line":"Board authorized to speak and act for Commonwealth","url":"\/62.1-44.41\/","token":"62.1\/3.2\/62.1-44.41","metadata":false},{"id":71842,"structure_id":15671,"section_number":"62.1-44.42","catch_line":"Cooperation with other agencies","url":"\/62.1-44.42\/","token":"62.1\/3.2\/62.1-44.42","metadata":false},{"id":64691,"structure_id":15671,"section_number":"62.1-44.43","catch_line":"Additional powers of Board","url":"\/62.1-44.43\/","token":"62.1\/3.2\/62.1-44.43","metadata":false},{"id":82952,"structure_id":15671,"section_number":"62.1-44.44","catch_line":"Construction of chapter","url":"\/62.1-44.44\/","token":"62.1\/3.2\/62.1-44.44","metadata":false}],"previous_section":{"id":79402,"structure_id":15671,"section_number":"62.1-44.38","catch_line":"Plans and programs; registration of certain data by water users; advisory committees; committee membership for federal, state, and local agencies; water supply planning assistance","url":"\/62.1-44.38\/","token":"62.1\/3.2\/62.1-44.38","metadata":false},"next_section":{"id":59960,"structure_id":15671,"section_number":"62.1-44.38:2","catch_line":"Expired","url":"\/62.1-44.38_2\/","token":"62.1\/3.2\/62.1-44.38_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.38:1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 227<\/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 4 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 2006, chapter 18<\/a>; in 2020, chapter 1105<\/a>; in 2022, chapter 331<\/a>; in 2023, chapters 36<\/a> and 37<\/a>.<\/p>","references":[{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"}],"refers_to":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":79402,"section_number":"62.1-44.38","catch_line":"Plans and programs; registration of certain data by water users; advisory committees; committee membership for federal, state, and local agencies; water supply planning assistance","order_by":null,"url":"\/62.1-44.38\/"}],"permalink":{"id":270071,"object_type":"law","relational_id":70785,"identifier":"62.1-44.38:1","token":"62.1\/3.2\/62.1-44.38_1","url":"\/62.1-44.38_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.38_1\/","token":"62.1\/3.2\/62.1-44.38_1","dublin_core":{"Title":"Comprehensive water supply planning process; state, regional, and local water supply plans","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.38:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board, with advice and guidance from the Commissioner of Health, local governments, public service authorities, and other interested parties, shall establish a comprehensive water supply planning process for the development of local, regional, and state water supply plans consistent with the provisions of this chapter. This process shall be designed to (i) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth; (ii) encourage, promote, and protect all other beneficial uses of the Commonwealth’s water resources; (iii) encourage, promote, and develop incentives for alternative water sources, including desalinization; and (iv) encourage the development of cross-jurisdictional water supply projects. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board shall adopt regulations designating regional planning areas based primarily on river basins as appropriate based on water supply sources. The Board shall consider existing interjurisdictional arrangements in designating regional planning areas. The Board may, as appropriate, designate multiple regional planning areas within a single river basin in order<\/span> to enhance the manageability of planning within such basin. The regulations shall identify the particular regional planning area in which each locality shall participate and shall state which local stakeholder groups, including local governments, industrial and agricultural water users, public water suppliers, developers and economic development organizations, and conservation and environmental organizations, shall or may participate in coordinated water resource planning. The regulations shall provide a mechanism for a locality to request a change of its designated regional planning area to an adjoining planning area that is based on water supply source, river basin, or existing or planned cross-jurisdictional relationship, which change shall be effective upon approval of the Department, notwithstanding the provisions of Article 2 (§ 2.2-4006<\/a> et seq.) of Chapter 40 of Title 2.2. The regulations shall further recognize the localities that include any portion of the service area of a water supply utility in the Commonwealth that uses the Potomac River as a water supply source as a distinct regional planning area. Such plan shall incorporate the provisions of the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (2000), including provisions related to triggers, actions, and messages for the Potomac River drought evaluation region. Nothing in this subsection regarding the incorporation of such provisions shall be construed to limit the authority of the Governor during a declared drought emergency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Each locality in a regional planning area shall participate in cross-jurisdictional, coordinated water resource planning. Such local coordination shall accommodate existing regional groups that have already developed water supply plans, including planning district commissions, and other regional planning entities as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Each locality in a regional planning area shall develop and submit, with the other localities in that planning area, a single jointly produced regional water supply plan to the Department of Environmental Quality (the Department). Such regional water supply plan shall (i) clearly identify the region’s water supply risks and (ii) propose regional strategies to address those water supply risks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Each regional water supply plan also shall comply with applicable criteria and guidelines developed by the Board. Such criteria and guidelines shall take into account existing local and regional water supply planning efforts and requirements imposed under other state or federal laws<\/span>. The criteria and guidelines established by the Board shall not prohibit a town from entering into a regional water supply plan with an adjacent county in the same regional planning area. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> This section is intended to inform any regional water resource planning being done in the Commonwealth pursuant to interstate compacts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board and the Department shall prioritize the allocation of planning funds and other funds to localities that sufficiently participate in regional planning. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In accordance with subdivision B 2 of § 62.1-44.38<\/a>, the Department shall facilitate regional planning and provide assistance to each regional planning area as needed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPREHENSIVE WATER SUPPLY PLANNING PROCESS; STATE, REGIONAL, AND LOCAL WATER\nSUPPLY PLANS (\u00a7 62.1-44.38:1)\n\nA. The Board, with advice and guidance from the Commissioner of Health, local\ngovernments, public service authorities, and other interested parties, shall\nestablish a comprehensive water supply planning process for the development of\nlocal, regional, and state water supply plans consistent with the provisions of\nthis chapter. This process shall be designed to (i) ensure that adequate and\nsafe drinking water is available to all citizens of the Commonwealth; (ii)\nencourage, promote, and protect all other beneficial uses of the\nCommonwealth’s water resources; (iii) encourage, promote, and develop\nincentives for alternative water sources, including desalinization; and (iv)\nencourage the development of cross-jurisdictional water supply projects.\n\nB. The Board shall adopt regulations designating regional planning areas based\nprimarily on river basins as appropriate based on water supply sources. The\nBoard shall consider existing interjurisdictional arrangements in designating\nregional planning areas. The Board may, as appropriate, designate multiple\nregional planning areas within a single river basin in order to enhance the\nmanageability of planning within such basin. The regulations shall identify the\nparticular regional planning area in which each locality shall participate and\nshall state which local stakeholder groups, including local governments,\nindustrial and agricultural water users, public water suppliers, developers and\neconomic development organizations, and conservation and environmental\norganizations, shall or may participate in coordinated water resource planning.\nThe regulations shall provide a mechanism for a locality to request a change of\nits designated regional planning area to an adjoining planning area that is\nbased on water supply source, river basin, or existing or planned\ncross-jurisdictional relationship, which change shall be effective upon approval\nof the Department, notwithstanding the provisions of Article 2 (§ 2.2-4006\net seq.) of Chapter 40 of Title 2.2. The regulations shall further recognize the\nlocalities that include any portion of the service area of a water supply\nutility in the Commonwealth that uses the Potomac River as a water supply source\nas a distinct regional planning area. Such plan shall incorporate the provisions\nof the Metropolitan Washington Water Supply and Drought Awareness Response Plan:\nPotomac River System (2000), including provisions related to triggers, actions,\nand messages for the Potomac River drought evaluation region. Nothing in this\nsubsection regarding the incorporation of such provisions shall be construed to\nlimit the authority of the Governor during a declared drought emergency.\n\nC. 1. Each locality in a regional planning area shall participate in\ncross-jurisdictional, coordinated water resource planning. Such local\ncoordination shall accommodate existing regional groups that have already\ndeveloped water supply plans, including planning district commissions, and other\nregional planning entities as appropriate.\n\n 2. Each locality in a regional planning area shall develop and submit, with\n the other localities in that planning area, a single jointly produced regional\n water supply plan to the Department of Environmental Quality (the Department).\n Such regional water supply plan shall (i) clearly identify the region’s\n water supply risks and (ii) propose regional strategies to address those water\n supply risks.\n\n 3. Each regional water supply plan also shall comply with applicable criteria\n and guidelines developed by the Board. Such criteria and guidelines shall take\n into account existing local and regional water supply planning efforts and\n requirements imposed under other state or federal laws. The criteria and\n guidelines established by the Board shall not prohibit a town from entering\n into a regional water supply plan with an adjacent county in the same regional\n planning area.\n\n 4. This section is intended to inform any regional water resource planning\n being done in the Commonwealth pursuant to interstate compacts.\n\nD. The Board and the Department shall prioritize the allocation of planning\nfunds and other funds to localities that sufficiently participate in regional\nplanning.\n\nE. In accordance with subdivision B 2 of § 62.1-44.38, the Department shall\nfacilitate regional planning and provide assistance to each regional planning\narea as needed.\n\nHISTORY: 2003, c. 227; 2006, c. 18; 2020, c. 1105; 2022, c. 331; 2023, cc. 36,\n37.","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}}