                                 CODE OF VIRGINIA

 OPERATOR&#8217;S RIGHT TO SAMPLE WATER (§ 45.2-1648)

An operator may enter upon surface land at reasonable times and in a reasonable
manner to obtain samples of water from any water well that is (i) located within
1,320 feet of a proposed or existing gas well and (ii) actually being utilized
by the surface owner or occupant for domestic use. If the surface owner or
occupant refuses to allow the operator to sample or causes the operator to be
prevented from sampling any such water well, the operator shall promptly notify
the Department of such refusal or prevention. The Department shall maintain a
record of such notifications. In the event of such a refusal or prevention, the
surface owner shall not be entitled to the remedies set forth in § 45.2-1649.

HISTORY: 1998, c. 227, § 45.1-361.43; 2009, c. 293; 2017, c. 17; 2021, Sp.
Sess. I, c. 387.