                                 CODE OF VIRGINIA

AGREEMENTS AMONG PERSONS WITHDRAWING SURFACE WATER (§ 62.1-245)

In the administration of this chapter, the Board shall encourage, promote and
recognize voluntary agreements among persons withdrawing surface water in the
same surface water management area. When the Board finds that any such
agreement, executed in writing and filed with the Board, is consistent with the
intent, purposes and requirements of this chapter, the Board shall approve the
agreement following a public hearing. The Board shall provide at least sixty
days&#8217; notice of the public hearing to the public in general and
individually to those persons withdrawing surface water in the surface water
management area who are not parties to the agreement, and shall make a good
faith effort to so notify recreational user groups, conservation organizations
and fisheries management agencies. The Board shall be a party to the agreement.
The agreement, until terminated, shall control in lieu of a formal order, rule,
regulation or permit issued by the Board under the provisions of this chapter,
and shall be deemed to be a case decision under the Administrative Process Act
(§ 2.2-4000 et seq.). Any agreement shall specify the amount of water affected
thereby.
		Any agreement approved by the Board may include conditions which can result in
its amendment or termination by the Board, following a public hearing, if the
Board finds that it or its effect is inconsistent with the intent, purposes and
requirements of this chapter. Such conditions may include (i) a determination by
the Board that the agreement originally approved by the Board will not further
the purposes of this chapter, (ii) a determination by the Board that
circumstances have changed such that the agreement originally approved by the
Board will no longer further the purposes by this chapter, or (iii) one or more
parties to the agreement is not fulfilling its commitments under the agreement.
The Board shall provide at least sixty days&#8217; notice of the public hearing
to the public in general and individually to those persons withdrawing surface
water in the surface water management area who are not parties to the agreement,
and shall make a good faith effort to so notify recreational user groups,
conservation organizations and fisheries management agencies.

HISTORY: 1989, c. 721; 1999, c. 561.