                                 CODE OF VIRGINIA

PERMITS FOR EXISTING GROUND WATER WITHDRAWALS IN EXISTING GROUND WATER
MANAGEMENT AREAS (§ 62.1-260)

A. Persons holding a certificate of ground water right or a permit to withdraw
ground water issued prior to July 1, 1991, in the Eastern Virginia or Eastern
Shore Groundwater Management Areas and currently withdrawing ground water
pursuant to said certificate or permit shall file an application for a ground
water withdrawal permit on or before December 31, 1992, in order to obtain a
permit for withdrawals. The Board shall issue ground water withdrawal permits
for the total amount of ground water withdrawn during any consecutive
twelve-month period between July 1, 1987, and June 30, 1992, together with such
savings as can be demonstrated to have been achieved through water conservation;
however, with respect to a political subdivision, an authority serving a
political subdivision or a community waterworks regulated by the Department of
Health, the permit shall be issued for the total amount of ground water
withdrawn during any consecutive twelve-month period between July 1, 1980, and
June 30, 1992, together with such savings as can be demonstrated to have been
achieved through water conservation.

B. Persons holding a certificate of ground water right issued on or after July
1, 1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern Shore
Groundwater Management Areas and currently withdrawing ground water pursuant to
the certificate shall file an application for a ground water withdrawal permit
on or before December 31, 1993, in order to obtain a permit for withdrawals. The
Board shall issue ground water withdrawal permits for the total amount of ground
water withdrawn during any consecutive twelve-month period between July 1, 1988,
and June 30, 1993, together with such savings as can be demonstrated to have
been achieved through water conservation.

C. Persons holding a permit to withdraw ground water issued on or after July 1,
1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern Shore
Groundwater Management Areas shall not be required to apply for a ground water
withdrawal permit until the expiration of the term of the permit to withdraw
ground water as provided in subsection C of &#xA7; 62.1-266, and may withdraw
ground water pursuant to the terms and conditions of the permit to withdraw
ground water. Such persons may apply for a ground water withdrawal permit
allowing greater withdrawals of ground water than are allowed under an existing
permit, and the Board in its discretion may issue a permit for such greater
withdrawals, upon consideration of the factors set forth in &#xA7; 62.1-263.

D. Persons holding a certificate of ground water right issued prior to July 1,
1992, or a permit to withdraw ground water issued prior to July 1, 1991, in the
Eastern Virginia or Eastern Shore Groundwater Management Areas, who have not
withdrawn ground water prior to July 1, 1992, may initiate a withdrawal on or
after July 1, 1992, pursuant to the terms and conditions of the certificate or
permit. The persons shall file an application for a ground water withdrawal
permit on or before December 31, 1995, and may continue withdrawing ground water
under the terms and conditions of their certificate or permit until the required
ground water withdrawal permit application is acted on by the Board, provided
that the ground water withdrawal permit application is filed on or before
December 31, 1995. The Board shall issue a ground water withdrawal permit for
the total amount of ground water withdrawn and applied to a beneficial use
during any consecutive twelve-month period between July 1, 1992, and June 30,
1995, together with (i) such savings as can be demonstrated to have been
achieved through water conservation and (ii) such amount as the Board in its
discretion deems appropriate upon consideration of the factors set forth in
&#xA7; 62.1-263. This subsection shall not apply to a political subdivision, or
an authority serving a political subdivision, holding a permit or certificate
for a public water supply well for supplemental water during drought conditions,
which shall apply for a ground water withdrawal permit as provided in &#xA7;
62.1-265.

E. Persons withdrawing ground water for agricultural or livestock watering
purposes in the Eastern Virginia or Eastern Shore Groundwater Management Areas
on or before July 1, 1992, shall file an application for a ground water
withdrawal permit on or before December 31, 1993, in order to obtain a permit
for withdrawals. The Board shall issue ground water withdrawal permits for the
total amount of ground water withdrawn during any consecutive twelve-month
period between July 1, 1983 and June 30, 1993, together with such savings as can
be demonstrated to have been achieved through water conservation.

F. Persons withdrawing ground water for agricultural or livestock watering
purposes, or pursuant to certificates of ground water right or permits to
withdraw ground water issued prior to July 1, 1992, in the Eastern Virginia or
Eastern Shore Groundwater Management Areas, may continue such withdrawal until
the required permit application is acted on by the Board, provided that the
permit application is filed by the appropriate deadline.

G. Persons applying for a ground water withdrawal permit may request that they
be permitted to withdraw more ground water than the amount to which they may be
entitled based on their historic usage and water conservation as set forth in
this section. The Board in its discretion may issue a permit for a greater
amount than that which is based on historic usage and water conservation, upon
consideration of the factors set forth in &#xA7; 62.1-263.

H. Failure by any person covered by the provisions of subsection A, B, D or E to
file an application for a ground water withdrawal permit prior to the expiration
of the applicable period creates a presumption that any claim to withdraw ground
water based on history of usage has been abandoned. In reviewing any application
for a ground water withdrawal permit subsequently made by such a person, the
Board shall consider the factors set forth in &#xA7; 62.1-263.

HISTORY: 1992, c. 812; 1994, cc. 513, 592.