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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>71712</law_id><section_number>62.1-245</section_number><catch_line>Agreements among persons withdrawing surface water</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>62.1-247</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="24">Surface Water Management Areas</unit></structure><text>
						<section><p>In the administration of this chapter, the <span class="dictionary">Board</span> shall encourage, promote and recognize voluntary agreements among persons withdrawing surface water in the same <span class="dictionary">surface water management area</span>. When the <span class="dictionary">Board</span> finds that any such agreement, executed in writing and filed with the <span class="dictionary">Board</span>, is consistent with the <span class="dictionary">intent</span>, purposes and requirements of this chapter, the <span class="dictionary">Board</span> shall approve the agreement following a public <span class="dictionary">hearing</span>. The <span class="dictionary">Board</span> shall provide at least sixty days&#x2019; notice of the public <span class="dictionary">hearing</span> to the public in general and individually to those persons withdrawing surface water in the <span class="dictionary">surface water management area</span> who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies. The <span class="dictionary">Board</span> shall be a <span class="dictionary">party</span> to the agreement. The agreement, until terminated, shall control in lieu of a formal <span class="dictionary">order</span>, rule, regulation or permit issued by the <span class="dictionary">Board</span> under the provisions of this chapter, and shall be deemed to be a case decision under the Administrative Process Act (&#xA7;&#xA0;<a class="law" title="Short title; purpose" href="/2.2-4000/">2.2-4000</a> et seq.). Any agreement shall specify the amount of water affected thereby.
		Any agreement approved by the <span class="dictionary">Board</span> may include conditions which can result in its amendment or termination by the <span class="dictionary">Board</span>, following a public <span class="dictionary">hearing</span>, if the <span class="dictionary">Board</span> finds that it or its effect is inconsistent with the <span class="dictionary">intent</span>, purposes and requirements of this chapter. Such conditions may include (i) a determination by the <span class="dictionary">Board</span> that the agreement originally approved by the <span class="dictionary">Board</span> will not further the purposes of this chapter, (ii) a determination by the <span class="dictionary">Board</span> that circumstances have changed such that the agreement originally approved by the <span class="dictionary">Board</span> will no longer further the purposes by this chapter, or (iii) one or more parties to the agreement is not fulfilling its commitments under the agreement. The <span class="dictionary">Board</span> shall provide at least sixty days&#x2019; notice of the public <span class="dictionary">hearing</span> to the public in general and individually to those persons withdrawing surface water in the <span class="dictionary">surface water management area</span> who are not parties to the agreement, and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies.</p></section></text><history>1989, c. 721; 1999, c. 561.</history><metadata></metadata></law>
