                                 CODE OF VIRGINIA

PERMITS FOR EXISTING GROUND WATER WITHDRAWALS IN NEWLY ESTABLISHED GROUND WATER
MANAGEMENT AREAS (§ 62.1-261)

A. Persons withdrawing ground water in any area declared a ground water
management area on or after July 1, 1992, shall file an application within six
months after the ground water management area has been declared in order to
obtain a permit for withdrawals. The Board shall issue permits for the total
amount of ground water withdrawn during any consecutive twelve-month period in
the five years preceding said declaration, together with such savings as can be
demonstrated to have been achieved through water conservation.

B. Persons withdrawing ground water for agricultural or livestock watering
purposes in any area declared a ground water management area on or after July 1,
1992, shall file an application within six months after the ground water
management area has been declared in order to obtain a permit for withdrawals.
The Board shall issue permits for the total amount of ground water withdrawn
during any consecutive twelve-month period in the ten-year period preceding such
declaration, together with such savings as can be demonstrated to have been
achieved through water conservation.

C. Persons withdrawing ground water in any area declared a ground water
management area on or after July 1, 1992, may continue such withdrawal until the
required permit application is acted on by the Board, provided that the permit
application is filed within the six-month period following the declaration.

D. Persons applying for a ground water withdrawal permit issued pursuant to this
section 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 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, upon consideration of
factors set forth in &#xA7; 62.1-263.

E. Failure by any person covered by the provisions of subsection A or B to file
an application for a ground water withdrawal permit within the six months
following the declaration of the ground water management area 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.