                                 CODE OF VIRGINIA

WHEN FLOODWATERS MAY BE CAPTURED AND STORED BY RIPARIAN OWNERS (§ 62.1-106)

Water in watercourses which is over and above the average flow of the stream
may, upon approval, be captured and stored by riparian owners for their later
use under the following conditions:

1. As a result of the capture and storage of such waters, there will be no
damage to others.

2. The title to the land on which the impounding structure and the impounded
water will rest are in the person or persons requesting the authority.

3. All costs incident to such impoundment, including devices above and below for
indicating average flow, will be borne by the person or persons requesting the
authority.

4. For impoundments with a capacity of more than fifty acre-feet of storage all
construction is approved by a licensed professional engineer. For those with
capacities of fifty acre-feet, or less, of storage all construction will be
approved by a licensed professional engineer or by some other competent person.

5. Those requesting the authority will insure that the flow below the
impoundment is equal to:

   a. At least the average flow when the flow immediately above the impounding
   structure is greater than the average flow, or

   b. At least the flow immediately above the impounding structure when that flow
   is equal to or less than the average flow.

6. If needed, provision will be made in the impounding structure for an adequate
spillway and for means of releasing water to maintain the required flow
downstream.

7. If for the purposes of irrigation, the quantity of water stored (exclusive of
foreseeable losses) will not exceed that required for a period of twelve months
to irrigate the cleared acreage owned by those participating in the undertaking
and lying in the watershed of the stream from which the water is taken.

8. All structures and equipment incident to such impoundment will be maintained
in safe and serviceable condition by the owners and all parts thereof in a
watercourse will be removed when no longer required for the purpose.

9. Priority to the right to store floodwaters, as outlined, will go to upstream
riparian owners.

10. Those impounding floodwaters will, upon request, provide appropriate
information concerning the impoundment to the State Water Control Board.

11. The plans for an impounding structure as defined in &#xA7; 10.1-604 have the
approval of the State Water Control Board and conform to the rules and
regulations promulgated by the Board.

HISTORY: Code 1950, § 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976,
c. 710; 1977, c. 26; 1982, c. 583.