                                 CODE OF VIRGINIA

LOW-FLOW PROTECTIONS IN POTOMAC RIVER (§ 62.1-44.15:5.02)

A. Virginia Water Protection Permits issued after July 1, 2007, authorizing
withdrawal of water from the Potomac River or its tributaries between the West
Virginia border and Little Falls for any purpose other than municipal water
supply, shall incorporate low-flow protection requirements if the maximum
consumptive use allowed by the permit exceeds 500,000 gallons per day. Such
permits shall require that the permittee provide or secure sufficient offstream
storage to augment instream flow during low-flow periods in an amount equal to
the amount that the permittee&#8217;s consumptive use exceeds 500,000 gallons
per day. The permit shall specify the instream flow volume at which low-flow
protection is to be implemented.

B. Permittees may comply with the requirements of this section by: (i)
constructing or acquiring facilities for offstream storage of water that may be
used to replace their consumptive use withdrawals exceeding 500,000 gallons per
day during low-flow periods; (ii) purchasing storage capacity in facilities
owned by another entity, sufficient to replace their consumptive use withdrawals
exceeding 500,000 gallons per day during low-flow periods; or (iii) agreeing to
a permit condition limiting consumptive use to not more than 500,000 gallons per
day during low-flow periods as designated in the permit.

C. No owner who holds a Virginia Water Protection Permit as described in this
section shall withdraw water for consumptive use in excess of 500,000 gallons
per day, except in compliance with permit requirements for low-flow
augmentation.

D. Should the implementation of emergency measures pursuant to applicable law,
regulation, or interjurisdictional agreement require more stringent temporary
restrictions on consumptive use, those requirements shall override the
provisions of permits issued pursuant to this section during the period that
such requirements are in effect.

E. The requirements of this section shall not apply to the reissuance or
amendment of any Virginia Water Protection Permit issued prior to July 1, 2007,
unless such reissuance or amendment: (i) authorizes an increase in the permitted
withdrawal in excess of 500,000 gallons per day for consumptive use; or (ii)
authorizes a change from nonconsumptive to consumptive use, in excess of 500,000
gallons per day.

HISTORY: 2007, c. 656.