                                 CODE OF VIRGINIA

APPLICATION FOR LEAVE TO STORE FLOODWATERS; NOTICE TO INTERESTED PERSONS AND TO
STATE WATER CONTROL BOARD (§ 62.1-107)

Any riparian owner, or riparian owners, desiring to store floodwaters under the
conditions specified in § 62.1-106 may apply for leave so to do to the circuit
court of the county or city wherein the impounding structure is proposed to be
built. Such application shall be made by petition filed in the clerk&#8217;s
office of the court. It shall set forth the name and address of the riparian
owner, or owners, the purpose of the proposed impoundment, the desired storage
capacity and the basis on which determined, the stream and the point on it from
which floodwaters are proposed to be taken, the estimated cost of the project,
and an agreement to abide by the provisions of § 62.1-106. It shall be
accompanied by a plat or sketch of the riparian property which he or they own
and on which is shown the site of the impounding structure and the area to be
flooded by the impounded water. The plat or sketch shall include data sufficient
to permit the location of the property on the official highway map of the county
or a map of the city or town where appropriate. It shall also be accompanied by
a plan of the proposed impounding structure on which appears the approval of the
plan by a registered civil engineer or registered agricultural engineer, (or
other competent person for storage capacities of fifty acre-feet or less) and
agreement thereto by the riparian owner. All interested persons shall be given
notice of such application by publication in accordance with §§ 8.01-316 and
8.01-317. A copy of the petition, together with a copy of the plat and a copy of
the plan, shall be sent by registered mail to the State Water Control Board.

HISTORY: Code 1950, § 62-94.4; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977,
c. 26.