                                 CODE OF VIRGINIA

 WITHDRAWALS FOR WHICH SURFACE WATER WITHDRAWAL PERMIT NOT REQUIRED (§
62.1-243)

A. No surface water withdrawal permit shall be required for (i) any
nonconsumptive use, (ii) any water withdrawal of less than 300,000 gallons in
any single month, (iii) any water withdrawal from a farm pond collecting diffuse
surface water and not situated on a perennial stream as defined in the United
States Geological Survey 7.5-minute series topographic maps, (iv) any withdrawal
in any area which has not been declared a surface water management area, or (v)
any withdrawal from a wastewater treatment system permitted by the State Water
Control Board or the Department of Energy.

B. No political subdivision or investor-owned water company permitted by the
Department of Health shall be required to obtain a surface water withdrawal
permit for:

   1. Any withdrawal in existence on July 1, 1989; however, a permit shall be
   required in a declared surface water management area before the daily rate of
   any such existing withdrawal is increased beyond the maximum daily withdrawal
   made before July 1, 1989.

   2. Any withdrawal not in existence on July 1, 1989, if the person proposing to
   make the withdrawal has received a &#xA7; 401 certification from the State
   Water Control Board pursuant to the requirements of the Clean Water Act to
   install any necessary withdrawal structures and make such withdrawal; however,
   a permit shall be required in any surface water management area before any
   such withdrawal is increased beyond the amount authorized by the said
   certification.

   3. Any withdrawal in existence on July 1, 1989, from an instream impoundment
   of water used for public water supply purposes; however, during periods when
   permit conditions in a surface water management area are in force under
   regulations adopted by the Board pursuant to &#xA7; 62.1-249, and when the
   rate of flow of natural surface water into the impoundment is equal to or less
   than the average flow of natural surface water at that location, the Board may
   require the release of water from the impoundment at a rate not exceeding the
   existing rate of flow of natural surface water into the impoundment.
   				Withdrawals by a political subdivision or investor-owned water company
   permitted by the Department of Health shall be affected by subdivision 3 of
   subsection B only at the option of that political subdivision or
   investor-owned water company.
   				To qualify for any exemption in subsection B of this section, the
   political subdivision making the withdrawal, or the political subdivision
   served by an authority making the withdrawal, shall have instituted a water
   conservation program approved by the Board which includes: (i) use of water
   saving plumbing fixtures in new and renovated plumbing as provided under the
   Uniform Statewide Building Code; (ii) a water loss reduction program; (iii) a
   water use education program; and (iv) ordinances prohibiting waste of water
   generally and providing for mandatory water use restrictions, with penalties,
   during water shortage emergencies. The Board shall review all such water
   conservation programs to ensure compliance with (i) through (iv) of this
   paragraph.

C. No existing beneficial consumptive user shall be required to obtain a surface
water withdrawal permit for:

   1. Any withdrawal in existence on July 1, 1989; however, a permit shall be
   required in a declared surface water management area before the daily rate of
   any such existing withdrawal is increased beyond the maximum daily withdrawal
   made before July 1, 1989.

   2. Any withdrawal not in existence on July 1, 1989, if the person proposing to
   make the withdrawal has received a &#xA7; 401 certification from the State
   Water Control Board pursuant to the requirements of the Clean Water Act to
   install any necessary withdrawal structures and make such withdrawal; however,
   a permit shall be required in any surface water management area before any
   such withdrawal is increased beyond the amount authorized by the said
   certification.
   				To qualify for either exemption in subsection C of this section, the
   beneficial consumptive user shall have instituted a water management program
   approved by the Board which includes: (i) use of water-saving plumbing; (ii) a
   water loss reduction program; (iii) a water use education program; and (iv)
   mandatory reductions during water shortage emergencies. However, these
   reductions shall be on an equitable basis with other uses exempted under
   subsection B of this section. The Board shall review all such water management
   programs to ensure compliance with (i) through (iv) of this paragraph.

D. The Board shall issue certificates for any withdrawals exempted pursuant to
subsections B and C of this section. Such certificates shall include
conservation or management programs as conditions thereof.

HISTORY: 1989, c. 721; 1993, c. 213; 2021, Sp. Sess. I, c. 532.