<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73761</law_id><section_number>10.1-638</section_number><catch_line>Purposes for which fund to be used</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-639</reference><reference>10.1-640</reference><reference>10.1-641</reference><reference>10.1-643</reference><reference>10.1-645</reference><reference>10.1-646</reference><reference>10.1-648</reference><reference>10.1-649</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="10.1">Conservation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Activities Administered by the Department of Conservation and Recreation</unit><unit label="chapter" level="3" order_by="1" identifier="6">Flood Protection and Dam Safety</unit><unit label="article" level="4" order_by="1" identifier="4">Conservation, Small Watersheds Flood Control and Area Development Fund</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> The <span class="dictionary">Board</span> is authorized, with the concurrence of the State Treasurer, to <span class="dictionary">order</span> the State Comptroller to make loans from the <span class="dictionary">revolving fund</span> to any county, city, town, water authority, utility or service authority or special taxing district, hereafter referred to as the borrower, having the legal capacity and organizational arrangements necessary for obtaining, giving security for, and raising revenues for repaying authorized loans, and for operating and maintaining facilities for which the loan is made. The money loaned shall be used by the borrower for facilities to store additional water in feasible flood prevention sites or to store water in sites not feasible for flood prevention programs. The amount of any loan or the sum of any outstanding loans to any one borrower shall not exceed $500,000 without the written approval of the Governor. <a id="paragraph-265254" class="section-permalink" href="https://vacode.org/10.1-638/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> To promote the economic growth of the Commonwealth, the <span class="dictionary">Board</span>, after public <span class="dictionary">hearing</span> and with the written approval of the Governor, may invest <span class="dictionary">funds</span> from the <span class="dictionary">revolving fund</span> in facilities to store additional water in feasible flood prevention sites for municipal, industrial, and other beneficial uses where localities fail to do so, or in facilities to create the potential to store additional water in feasible flood prevention sites where impoundment projects are being developed to less than optimum potential, thereby allowing the enlargement of such impoundments as the need arises. Such action may be initiated by a request from the soil and water conservation district or districts encompassing such water storage sites. <a id="paragraph-265255" class="section-permalink" href="https://vacode.org/10.1-638/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The <span class="dictionary">Board</span> may draw on the <span class="dictionary">revolving fund</span> to meet maintenance expenses incident to the proper management and operation of facilities resulting from the investments authorized by subsection B above. In addition, the <span class="dictionary">Board</span> may draw on the <span class="dictionary">revolving fund</span> for emergency repairs to the above facilities and facilities constituting the security for loans made by authority of subsection A above. The <span class="dictionary">Board</span> shall not provide <span class="dictionary">funds</span> for emergency repairs to facilities constituting security for loans unless it appears to the <span class="dictionary">Board</span> that <span class="dictionary">funds</span> for repairs are not available from other sources. <a id="paragraph-265256" class="section-permalink" href="https://vacode.org/10.1-638/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The <span class="dictionary">Board</span> is authorized to purchase, operate and maintain necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the <span class="dictionary">Board</span>. The <span class="dictionary">Board</span> shall have the <span class="dictionary">custody</span> and control of the machinery and other equipment, and shall provide storage for it, and it shall be available to the districts upon terms the <span class="dictionary">Board</span> prescribes. In addition to other terms the <span class="dictionary">Board</span> may prescribe, it shall have authority to execute rental-purchase <span class="dictionary">contracts</span> with individual districts for the equipment, whereby the title to machinery and other equipment purchased under authority of this <span class="dictionary">law</span> may be transferred to such district when approved by the <span class="dictionary">Board</span>. The <span class="dictionary">Board</span> may, in its discretion, sell the same to any person upon terms and conditions it may deem proper. The proceeds derived from the sale or rental of machinery, provided for in this section and in &#xA7; <a class="law" title="Renting machinery and equipment" href="/10.1-552/">10.1-552</a>, shall be paid into the <span class="dictionary">revolving fund</span>. <a id="paragraph-265257" class="section-permalink" href="https://vacode.org/10.1-638/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> The <span class="dictionary">Board</span> is authorized to make loans from the <span class="dictionary">revolving fund</span> to any soil and water conservation district for the purchase of necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the district. Terms for loans to districts under this section shall be prescribed by the <span class="dictionary">Board</span>, and payments of interest and principal shall be made to the State Treasurer and credited to the <span class="dictionary">revolving fund</span>. <a id="paragraph-265258" class="section-permalink" href="https://vacode.org/10.1-638/#E"><i class="fa fa-link"/></a></p></section></text><history>1970, c. 591, &#xA7; 21-11.3; 1972, c. 821; 1982, c. 68; 1988, c. 891.</history><metadata></metadata></law>
