                                 CODE OF VIRGINIA

COMPREHENSIVE WATER SUPPLY PLANNING PROCESS; STATE, REGIONAL, AND LOCAL WATER
SUPPLY PLANS (§ 62.1-44.38:1)

A. The Board, with advice and guidance from the Commissioner of Health, local
governments, public service authorities, and other interested parties, shall
establish a comprehensive water supply planning process for the development of
local, regional, and state water supply plans consistent with the provisions of
this chapter. This process shall be designed to (i) ensure that adequate and
safe drinking water is available to all citizens of the Commonwealth; (ii)
encourage, promote, and protect all other beneficial uses of the
Commonwealth&#8217;s water resources; (iii) encourage, promote, and develop
incentives for alternative water sources, including desalinization; and (iv)
encourage the development of cross-jurisdictional water supply projects.

B. The Board shall adopt regulations designating regional planning areas based
primarily on river basins as appropriate based on water supply sources. The
Board shall consider existing interjurisdictional arrangements in designating
regional planning areas. The Board may, as appropriate, designate multiple
regional planning areas within a single river basin in order to enhance the
manageability of planning within such basin. The regulations shall identify the
particular regional planning area in which each locality shall participate and
shall state which local stakeholder groups, including local governments,
industrial and agricultural water users, public water suppliers, developers and
economic development organizations, and conservation and environmental
organizations, shall or may participate in coordinated water resource planning.
The regulations shall provide a mechanism for a locality to request a change of
its designated regional planning area to an adjoining planning area that is
based on water supply source, river basin, or existing or planned
cross-jurisdictional relationship, which change shall be effective upon approval
of the Department, notwithstanding the provisions of Article 2 (&#xA7; 2.2-4006
et seq.) of Chapter 40 of Title 2.2. The regulations shall further recognize the
localities that include any portion of the service area of a water supply
utility in the Commonwealth that uses the Potomac River as a water supply source
as a distinct regional planning area. Such plan shall incorporate the provisions
of the Metropolitan Washington Water Supply and Drought Awareness Response Plan:
Potomac River System (2000), including provisions related to triggers, actions,
and messages for the Potomac River drought evaluation region. Nothing in this
subsection regarding the incorporation of such provisions shall be construed to
limit the authority of the Governor during a declared drought emergency.

C. 1. Each locality in a regional planning area shall participate in
cross-jurisdictional, coordinated water resource planning. Such local
coordination shall accommodate existing regional groups that have already
developed water supply plans, including planning district commissions, and other
regional planning entities as appropriate.

   2. Each locality in a regional planning area shall develop and submit, with
   the other localities in that planning area, a single jointly produced regional
   water supply plan to the Department of Environmental Quality (the Department).
   Such regional water supply plan shall (i) clearly identify the region&#8217;s
   water supply risks and (ii) propose regional strategies to address those water
   supply risks.

   3. Each regional water supply plan also shall comply with applicable criteria
   and guidelines developed by the Board. Such criteria and guidelines shall take
   into account existing local and regional water supply planning efforts and
   requirements imposed under other state or federal laws. The criteria and
   guidelines established by the Board shall not prohibit a town from entering
   into a regional water supply plan with an adjacent county in the same regional
   planning area.

   4. This section is intended to inform any regional water resource planning
   being done in the Commonwealth pursuant to interstate compacts.

D. The Board and the Department shall prioritize the allocation of planning
funds and other funds to localities that sufficiently participate in regional
planning.

E. In accordance with subdivision B 2 of &#xA7; 62.1-44.38, the Department shall
facilitate regional planning and provide assistance to each regional planning
area as needed.

HISTORY: 2003, c. 227; 2006, c. 18; 2020, c. 1105; 2022, c. 331; 2023, cc. 36,
37.