                                 CODE OF VIRGINIA

(FOR CONTINGENT EFFECTIVE DATE, SEE ACTS 2021, SP. SESS. I, C. 100) WATER
WITHDRAWALS AND PRESERVATION OF INSTREAM FLOW (§ 62.1-44.15:22)

A. 1. Conditions contained in a Virginia Water Protection Permit may include the
volume of water that may be withdrawn as a part of the permitted activity and
conditions necessary to protect beneficial uses. Domestic and other existing
beneficial uses shall be considered the highest priority uses. The Board is
authorized to utilize and incorporate comprehensive groundwater, surface water,
and aquifer data in its permit decision. Such data may include information
relating to water levels, flow rates, and water quality.

   2. Every application for a Virginia Water Protection Permit for a surface
   water withdrawal shall include a (i) water auditing plan and (ii) leak
   detection and repair plan. Both such plans shall comply with requirements
   established by the Board in regulations. The Board shall approve every water
   auditing plan and leak detection and repair plan that complies with such
   regulatory requirements. Once approved by the Board, such water auditing plan
   and leak detection and repair plan shall be incorporated by reference as a
   condition in the Virginia Water Protection Permit. The Board shall not issue a
   Virginia Water Protection Permit for a surface water withdrawal without an
   approved water auditing plan and an approved leak detection and repair plan.

B. Notwithstanding any other provision of law, no Virginia Water Protection
Permit shall be required for any water withdrawal in existence on July 1, 1989;
however, a permit shall be required if a new &#xA7; 401 certification is
required to increase a withdrawal. No Virginia Water Protection Permit shall be
required for any water withdrawal not in existence on July 1, 1989, if the
person proposing to make the withdrawal received a &#xA7; 401 certification
before January 1, 1989, with respect to installation of any necessary withdrawal
structures to make such withdrawal; however, a permit shall be required before
any such withdrawal is increased beyond the amount authorized by the
certification.

C. The Board may issue an Emergency Virginia Water Protection Permit for a new
or increased withdrawal when it finds that because of drought there is an
insufficient public drinking water supply that may result in a substantial
threat to human health or public safety. Such a permit may be issued to
authorize the proposed activity only after conservation measures mandated by
local or state authorities have failed to protect public health and safety and
notification of the agencies designated in subsection C of &#xA7; 62.1-44.15:20
and only for the amount of water necessary to protect public health and safety.
Such agencies shall have five days to provide comments or written
recommendations on the issuance of the permit. Notwithstanding the provisions of
subsection B of &#xA7; 62.1-44.15:20, no public comment shall be required prior
to issuance of the emergency permit. Not later than 14 days after the issuance
of the emergency permit, the permit holder shall apply for a Virginia Water
Protection Permit authorized under other provisions of this section. The
application for such Virginia Water Protection Permit shall be subject to public
comment for a period established by the Board. Any Emergency Virginia Water
Protection Permit issued under this section shall be valid until the Board
approves or denies the subsequent request for a Virginia Water Protection Permit
or for a period of one year, whichever occurs sooner. The fee for the emergency
permit shall be 50 percent of the fee charged for a comparable Virginia Water
Protection Permit.

HISTORY: 2007, c. 659; 2021, Sp. Sess. I, c. 100; 2024, c. 251.