§ 62.1-243. Withdrawals for which surface water withdrawal permit notrequired.
A. No surface water withdrawal permit shall be required for (i) anynonconsumptive use, (ii) any water withdrawal of less than 300,000 gallons inany single month, (iii) any water withdrawal from a farm pond collectingdiffuse surface water and not situated on a perennial stream as defined inthe United States Geological Survey 7.5-minute series topographic maps, (iv)any withdrawal in any area which has not been declared a surface watermanagement area, or (v) any withdrawal from a wastewater treatment systempermitted by the State Water Control Board or the Department of Mines,Minerals and Energy.
B. No political subdivision or investor-owned water company permitted by theDepartment of Health shall be required to obtain a surface water withdrawalpermit for:
1. Any withdrawal in existence on July 1, 1989; however, a permit shall berequired in a declared surface water management area before the daily rate ofany such existing withdrawal is increased beyond the maximum daily withdrawalmade before July 1, 1989.
2. Any withdrawal not in existence on July 1, 1989, if the person proposingto make the withdrawal has received a § 401 certification from the StateWater Control Board pursuant to the requirements of the Clean Water Act toinstall any necessary withdrawal structures and make such withdrawal;however, a permit shall be required in any surface water management areabefore any such withdrawal is increased beyond the amount authorized by thesaid certification.
3. Any withdrawal in existence on July 1, 1989, from an instream impoundmentof water used for public water supply purposes; however, during periods whenpermit conditions in a surface water management area are in force underregulations adopted by the Board pursuant to § 62.1-249, and when the rate offlow of natural surface water into the impoundment is equal to or less thanthe average flow of natural surface water at that location, the Board mayrequire the release of water from the impoundment at a rate not exceeding theexisting rate of flow of natural surface water into the impoundment.
Withdrawals by a political subdivision or investor-owned water companypermitted by the Department of Health shall be affected by subdivision 3 ofsubsection B only at the option of that political subdivision orinvestor-owned water company.
To qualify for any exemption in subsection B of this section, the politicalsubdivision making the withdrawal, or the political subdivision served by anauthority making the withdrawal, shall have instituted a water conservationprogram approved by the Board which includes: (i) use of water savingplumbing fixtures in new and renovated plumbing as provided under the UniformStatewide Building Code; (ii) a water loss reduction program; (iii) a wateruse education program; and (iv) ordinances prohibiting waste of watergenerally and providing for mandatory water use restrictions, with penalties,during water shortage emergencies. The Board shall review all such waterconservation programs to ensure compliance with (i) through (iv) of thisparagraph.
C. No existing beneficial consumptive user shall be required to obtain asurface water withdrawal permit for:
1. Any withdrawal in existence on July 1, 1989; however, a permit shall berequired in a declared surface water management area before the daily rate ofany such existing withdrawal is increased beyond the maximum daily withdrawalmade before July 1, 1989.
2. Any withdrawal not in existence on July 1, 1989, if the person proposingto make the withdrawal has received a § 401 certification from the StateWater Control Board pursuant to the requirements of the Clean Water Act toinstall any necessary withdrawal structures and make such withdrawal;however, a permit shall be required in any surface water management areabefore any such withdrawal is increased beyond the amount authorized by thesaid certification.
To qualify for either exemption in subsection C of this section, thebeneficial consumptive user shall have instituted a water management programapproved by the Board which includes: (i) use of water-saving plumbing; (ii)a water loss reduction program; (iii) a water use education program; and (iv)mandatory reductions during water shortage emergencies. However, thesereductions shall be on an equitable basis with other uses exempted undersubsection B of this section. The Board shall review all such watermanagement programs to ensure compliance with (i) through (iv) of thisparagraph.
D. The Board shall issue certificates for any withdrawals exempted pursuantto subsections B and C of this section. Such certificates shall includeconservation or management programs as conditions thereof.
§ 62.1-243. Withdrawals for which surface water withdrawal permit notrequired.
A. No surface water withdrawal permit shall be required for (i) anynonconsumptive use, (ii) any water withdrawal of less than 300,000 gallons inany single month, (iii) any water withdrawal from a farm pond collectingdiffuse surface water and not situated on a perennial stream as defined inthe United States Geological Survey 7.5-minute series topographic maps, (iv)any withdrawal in any area which has not been declared a surface watermanagement area, or (v) any withdrawal from a wastewater treatment systempermitted by the State Water Control Board or the Department of Mines,Minerals and Energy.
B. No political subdivision or investor-owned water company permitted by theDepartment of Health shall be required to obtain a surface water withdrawalpermit for:
1. Any withdrawal in existence on July 1, 1989; however, a permit shall berequired in a declared surface water management area before the daily rate ofany such existing withdrawal is increased beyond the maximum daily withdrawalmade before July 1, 1989.
2. Any withdrawal not in existence on July 1, 1989, if the person proposingto make the withdrawal has received a § 401 certification from the StateWater Control Board pursuant to the requirements of the Clean Water Act toinstall any necessary withdrawal structures and make such withdrawal;however, a permit shall be required in any surface water management areabefore any such withdrawal is increased beyond the amount authorized by thesaid certification.
3. Any withdrawal in existence on July 1, 1989, from an instream impoundmentof water used for public water supply purposes; however, during periods whenpermit conditions in a surface water management area are in force underregulations adopted by the Board pursuant to § 62.1-249, and when the rate offlow of natural surface water into the impoundment is equal to or less thanthe average flow of natural surface water at that location, the Board mayrequire the release of water from the impoundment at a rate not exceeding theexisting rate of flow of natural surface water into the impoundment.
Withdrawals by a political subdivision or investor-owned water companypermitted by the Department of Health shall be affected by subdivision 3 ofsubsection B only at the option of that political subdivision orinvestor-owned water company.
To qualify for any exemption in subsection B of this section, the politicalsubdivision making the withdrawal, or the political subdivision served by anauthority making the withdrawal, shall have instituted a water conservationprogram approved by the Board which includes: (i) use of water savingplumbing fixtures in new and renovated plumbing as provided under the UniformStatewide Building Code; (ii) a water loss reduction program; (iii) a wateruse education program; and (iv) ordinances prohibiting waste of watergenerally and providing for mandatory water use restrictions, with penalties,during water shortage emergencies. The Board shall review all such waterconservation programs to ensure compliance with (i) through (iv) of thisparagraph.
C. No existing beneficial consumptive user shall be required to obtain asurface water withdrawal permit for:
1. Any withdrawal in existence on July 1, 1989; however, a permit shall berequired in a declared surface water management area before the daily rate ofany such existing withdrawal is increased beyond the maximum daily withdrawalmade before July 1, 1989.
2. Any withdrawal not in existence on July 1, 1989, if the person proposingto make the withdrawal has received a § 401 certification from the StateWater Control Board pursuant to the requirements of the Clean Water Act toinstall any necessary withdrawal structures and make such withdrawal;however, a permit shall be required in any surface water management areabefore any such withdrawal is increased beyond the amount authorized by thesaid certification.
To qualify for either exemption in subsection C of this section, thebeneficial consumptive user shall have instituted a water management programapproved by the Board which includes: (i) use of water-saving plumbing; (ii)a water loss reduction program; (iii) a water use education program; and (iv)mandatory reductions during water shortage emergencies. However, thesereductions shall be on an equitable basis with other uses exempted undersubsection B of this section. The Board shall review all such watermanagement programs to ensure compliance with (i) through (iv) of thisparagraph.
D. The Board shall issue certificates for any withdrawals exempted pursuantto subsections B and C of this section. Such certificates shall includeconservation or management programs as conditions thereof.
§ 62.1-243. Withdrawals for which surface water withdrawal permit notrequired.
A. No surface water withdrawal permit shall be required for (i) anynonconsumptive use, (ii) any water withdrawal of less than 300,000 gallons inany single month, (iii) any water withdrawal from a farm pond collectingdiffuse surface water and not situated on a perennial stream as defined inthe United States Geological Survey 7.5-minute series topographic maps, (iv)any withdrawal in any area which has not been declared a surface watermanagement area, or (v) any withdrawal from a wastewater treatment systempermitted by the State Water Control Board or the Department of Mines,Minerals and Energy.
B. No political subdivision or investor-owned water company permitted by theDepartment of Health shall be required to obtain a surface water withdrawalpermit for:
1. Any withdrawal in existence on July 1, 1989; however, a permit shall berequired in a declared surface water management area before the daily rate ofany such existing withdrawal is increased beyond the maximum daily withdrawalmade before July 1, 1989.
2. Any withdrawal not in existence on July 1, 1989, if the person proposingto make the withdrawal has received a § 401 certification from the StateWater Control Board pursuant to the requirements of the Clean Water Act toinstall any necessary withdrawal structures and make such withdrawal;however, a permit shall be required in any surface water management areabefore any such withdrawal is increased beyond the amount authorized by thesaid certification.
3. Any withdrawal in existence on July 1, 1989, from an instream impoundmentof water used for public water supply purposes; however, during periods whenpermit conditions in a surface water management area are in force underregulations adopted by the Board pursuant to § 62.1-249, and when the rate offlow of natural surface water into the impoundment is equal to or less thanthe average flow of natural surface water at that location, the Board mayrequire the release of water from the impoundment at a rate not exceeding theexisting rate of flow of natural surface water into the impoundment.
Withdrawals by a political subdivision or investor-owned water companypermitted by the Department of Health shall be affected by subdivision 3 ofsubsection B only at the option of that political subdivision orinvestor-owned water company.
To qualify for any exemption in subsection B of this section, the politicalsubdivision making the withdrawal, or the political subdivision served by anauthority making the withdrawal, shall have instituted a water conservationprogram approved by the Board which includes: (i) use of water savingplumbing fixtures in new and renovated plumbing as provided under the UniformStatewide Building Code; (ii) a water loss reduction program; (iii) a wateruse education program; and (iv) ordinances prohibiting waste of watergenerally and providing for mandatory water use restrictions, with penalties,during water shortage emergencies. The Board shall review all such waterconservation programs to ensure compliance with (i) through (iv) of thisparagraph.
C. No existing beneficial consumptive user shall be required to obtain asurface water withdrawal permit for:
1. Any withdrawal in existence on July 1, 1989; however, a permit shall berequired in a declared surface water management area before the daily rate ofany such existing withdrawal is increased beyond the maximum daily withdrawalmade before July 1, 1989.
2. Any withdrawal not in existence on July 1, 1989, if the person proposingto make the withdrawal has received a § 401 certification from the StateWater Control Board pursuant to the requirements of the Clean Water Act toinstall any necessary withdrawal structures and make such withdrawal;however, a permit shall be required in any surface water management areabefore any such withdrawal is increased beyond the amount authorized by thesaid certification.
To qualify for either exemption in subsection C of this section, thebeneficial consumptive user shall have instituted a water management programapproved by the Board which includes: (i) use of water-saving plumbing; (ii)a water loss reduction program; (iii) a water use education program; and (iv)mandatory reductions during water shortage emergencies. However, thesereductions shall be on an equitable basis with other uses exempted undersubsection B of this section. The Board shall review all such watermanagement programs to ensure compliance with (i) through (iv) of thisparagraph.
D. The Board shall issue certificates for any withdrawals exempted pursuantto subsections B and C of this section. Such certificates shall includeconservation or management programs as conditions thereof.
