                                 CODE OF VIRGINIA

APPLICABILITY OF PERMIT CONDITIONS (§ 62.1-249)

A. The Board by regulation shall determine when the level of flow is such that
permit conditions in a surface water management area are in force. As a part of
this regulation, the Board shall adopt a reasonable system of water-use
classification according to classes of beneficial uses. The Board may include
provisions for variances and alternative measures to prevent undue hardship and
ensure equitable distribution of water resources.

B. The regulations may provide that the Board, or the Board&#8217;s Executive
Director, by order may declare that the level of flow is such that permit
conditions are applicable for all or part of a surface water management area.

C. The Board may impose such restrictions on one or more classes of water uses
as may be necessary to protect the surface water resources of the area from
serious harm.

D. Regulations shall provide for the means for a declaration of water shortage
to be rescinded.

E. When permit conditions become applicable in a surface water management area,
the Board shall notify each permittee by mail or cause notice thereof to be
published in a newspaper of general circulation throughout the area. Publication
of such notice will serve as notice to all permit holders in the area.

HISTORY: 1989, c. 721.