                                 CODE OF VIRGINIA

WHEN BOARD MAY INITIATE A SURFACE WATER MANAGEMENT AREA STUDY PROCEEDING;
HEARING REQUIRED (§ 62.1-246)

A. The Board upon its own motion or, in its discretion, upon receipt of a
petition therefor by any county, city or town within the surface water
management area in question, or any state agency, may initiate a surface water
management area proceeding whenever in its judgment there is evidence to
indicate that:

   1. A stream has substantial instream values as indicated by evidence of
   fishery, recreation, habitat, cultural or aesthetic properties; and

   2. Historical records or current conditions indicate that a low flow condition
   could occur which would threaten important instream uses; and

   3. Current or potential offstream uses contribute to or are likely to
   exacerbate natural low flow conditions to the detriment of instream values.

B. If, after a public hearing held pursuant to &#xA7; 2.2-4007.01, or at the
request of an affected person or on the Board&#8217;s motion, a hearing shall be
held under &#xA7; 2.2-4009, and the Board finds that the conditions required
above exist and further finds that the public welfare, health and safety require
that regulatory efforts be initiated, the Board shall declare the area in
question to be a surface water management area. The Board shall cause notice of
the surface water management area to be published in a newspaper of general
circulation throughout the area, and shall mail a copy of its decision to the
mayor or chairman of the governing body of each county, city or town within
which any part of the area lies, or which is known by the Board to make
offstream use of water from the area, and to the chief administrative officer of
any federal facility known by the Board to be using water from within the area.
The Board shall include in its decision a definition of the boundaries of the
water management area.

HISTORY: 1989, c. 721; 2007, cc. 873, 916.