§ 62.1-260. Permits for existing ground water withdrawals in existing groundwater management areas.
A. Persons holding a certificate of ground water right or a permit towithdraw ground water issued prior to July 1, 1991, in the Eastern Virginiaor Eastern Shore Groundwater Management Areas and currently withdrawingground water pursuant to said certificate or permit shall file an applicationfor a ground water withdrawal permit on or before December 31, 1992, in orderto obtain a permit for withdrawals. The Board shall issue ground waterwithdrawal permits for the total amount of ground water withdrawn during anyconsecutive twelve-month period between July 1, 1987, and June 30, 1992,together with such savings as can be demonstrated to have been achievedthrough water conservation; however, with respect to a political subdivision,an authority serving a political subdivision or a community waterworksregulated by the Department of Health, the permit shall be issued for thetotal amount of ground water withdrawn during any consecutive twelve-monthperiod between July 1, 1980, and June 30, 1992, together with such savings ascan be demonstrated to have been achieved through water conservation.
B. Persons holding a certificate of ground water right issued on or afterJuly 1, 1991, and prior to July 1, 1992, in the Eastern Virginia or EasternShore Groundwater Management Areas and currently withdrawing ground waterpursuant to the certificate shall file an application for a ground waterwithdrawal permit on or before December 31, 1993, in order to obtain a permitfor withdrawals. The Board shall issue ground water withdrawal permits forthe total amount of ground water withdrawn during any consecutivetwelve-month period between July 1, 1988, and June 30, 1993, together withsuch savings as can be demonstrated to have been achieved through waterconservation.
C. Persons holding a permit to withdraw ground water issued on or after July1, 1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern ShoreGroundwater Management Areas shall not be required to apply for a groundwater withdrawal permit until the expiration of the term of the permit towithdraw ground water as provided in subsection C of § 62.1-266, and maywithdraw ground water pursuant to the terms and conditions of the permit towithdraw ground water. Such persons may apply for a ground water withdrawalpermit allowing greater withdrawals of ground water than are allowed under anexisting permit, and the Board in its discretion may issue a permit for suchgreater withdrawals, upon consideration of the factors set forth in §62.1-263.
D. Persons holding a certificate of ground water right issued prior to July1, 1992, or a permit to withdraw ground water issued prior to July 1, 1991,in the Eastern Virginia or Eastern Shore Groundwater Management Areas, whohave not withdrawn ground water prior to July 1, 1992, may initiate awithdrawal on or after July 1, 1992, pursuant to the terms and conditions ofthe certificate or permit. The persons shall file an application for a groundwater withdrawal permit on or before December 31, 1995, and may continuewithdrawing ground water under the terms and conditions of their certificateor permit until the required ground water withdrawal permit application isacted on by the Board, provided that the ground water withdrawal permitapplication is filed on or before December 31, 1995. The Board shall issue aground water withdrawal permit for the total amount of ground water withdrawnand applied to a beneficial use during any consecutive twelve-month periodbetween July 1, 1992, and June 30, 1995, together with (i) such savings ascan be demonstrated to have been achieved through water conservation and (ii)such amount as the Board in its discretion deems appropriate uponconsideration of the factors set forth in § 62.1-263. This subsection shallnot apply to a political subdivision, or an authority serving a politicalsubdivision, holding a permit or certificate for a public water supply wellfor supplemental water during drought conditions, which shall apply for aground water withdrawal permit as provided in § 62.1-265.
E. Persons withdrawing ground water for agricultural or livestock wateringpurposes in the Eastern Virginia or Eastern Shore Groundwater ManagementAreas on or before July 1, 1992, shall file an application for a ground waterwithdrawal permit on or before December 31, 1993, in order to obtain a permitfor withdrawals. The Board shall issue ground water withdrawal permits forthe total amount of ground water withdrawn during any consecutivetwelve-month period between July 1, 1983 and June 30, 1993, together withsuch savings as can be demonstrated to have been achieved through waterconservation.
F. Persons withdrawing ground water for agricultural or livestock wateringpurposes, or pursuant to certificates of ground water right or permits towithdraw ground water issued prior to July 1, 1992, in the Eastern Virginiaor Eastern Shore Groundwater Management Areas, may continue such withdrawaluntil the required permit application is acted on by the Board, provided thatthe permit application is filed by the appropriate deadline.
G. Persons applying for a ground water withdrawal permit may request thatthey be permitted to withdraw more ground water than the amount to which theymay be entitled based on their historic usage and water conservation as setforth in this section. The Board in its discretion may issue a permit for agreater amount than that which is based on historic usage and waterconservation, upon consideration of the factors set forth in § 62.1-263.
H. Failure by any person covered by the provisions of subsection A, B, D or Eto file an application for a ground water withdrawal permit prior to theexpiration of the applicable period creates a presumption that any claim towithdraw ground water based on history of usage has been abandoned. Inreviewing any application for a ground water withdrawal permit subsequentlymade by such a person, the Board shall consider the factors set forth in §62.1-263.
§ 62.1-260. Permits for existing ground water withdrawals in existing groundwater management areas.
A. Persons holding a certificate of ground water right or a permit towithdraw ground water issued prior to July 1, 1991, in the Eastern Virginiaor Eastern Shore Groundwater Management Areas and currently withdrawingground water pursuant to said certificate or permit shall file an applicationfor a ground water withdrawal permit on or before December 31, 1992, in orderto obtain a permit for withdrawals. The Board shall issue ground waterwithdrawal permits for the total amount of ground water withdrawn during anyconsecutive twelve-month period between July 1, 1987, and June 30, 1992,together with such savings as can be demonstrated to have been achievedthrough water conservation; however, with respect to a political subdivision,an authority serving a political subdivision or a community waterworksregulated by the Department of Health, the permit shall be issued for thetotal amount of ground water withdrawn during any consecutive twelve-monthperiod between July 1, 1980, and June 30, 1992, together with such savings ascan be demonstrated to have been achieved through water conservation.
B. Persons holding a certificate of ground water right issued on or afterJuly 1, 1991, and prior to July 1, 1992, in the Eastern Virginia or EasternShore Groundwater Management Areas and currently withdrawing ground waterpursuant to the certificate shall file an application for a ground waterwithdrawal permit on or before December 31, 1993, in order to obtain a permitfor withdrawals. The Board shall issue ground water withdrawal permits forthe total amount of ground water withdrawn during any consecutivetwelve-month period between July 1, 1988, and June 30, 1993, together withsuch savings as can be demonstrated to have been achieved through waterconservation.
C. Persons holding a permit to withdraw ground water issued on or after July1, 1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern ShoreGroundwater Management Areas shall not be required to apply for a groundwater withdrawal permit until the expiration of the term of the permit towithdraw ground water as provided in subsection C of § 62.1-266, and maywithdraw ground water pursuant to the terms and conditions of the permit towithdraw ground water. Such persons may apply for a ground water withdrawalpermit allowing greater withdrawals of ground water than are allowed under anexisting permit, and the Board in its discretion may issue a permit for suchgreater withdrawals, upon consideration of the factors set forth in §62.1-263.
D. Persons holding a certificate of ground water right issued prior to July1, 1992, or a permit to withdraw ground water issued prior to July 1, 1991,in the Eastern Virginia or Eastern Shore Groundwater Management Areas, whohave not withdrawn ground water prior to July 1, 1992, may initiate awithdrawal on or after July 1, 1992, pursuant to the terms and conditions ofthe certificate or permit. The persons shall file an application for a groundwater withdrawal permit on or before December 31, 1995, and may continuewithdrawing ground water under the terms and conditions of their certificateor permit until the required ground water withdrawal permit application isacted on by the Board, provided that the ground water withdrawal permitapplication is filed on or before December 31, 1995. The Board shall issue aground water withdrawal permit for the total amount of ground water withdrawnand applied to a beneficial use during any consecutive twelve-month periodbetween July 1, 1992, and June 30, 1995, together with (i) such savings ascan be demonstrated to have been achieved through water conservation and (ii)such amount as the Board in its discretion deems appropriate uponconsideration of the factors set forth in § 62.1-263. This subsection shallnot apply to a political subdivision, or an authority serving a politicalsubdivision, holding a permit or certificate for a public water supply wellfor supplemental water during drought conditions, which shall apply for aground water withdrawal permit as provided in § 62.1-265.
E. Persons withdrawing ground water for agricultural or livestock wateringpurposes in the Eastern Virginia or Eastern Shore Groundwater ManagementAreas on or before July 1, 1992, shall file an application for a ground waterwithdrawal permit on or before December 31, 1993, in order to obtain a permitfor withdrawals. The Board shall issue ground water withdrawal permits forthe total amount of ground water withdrawn during any consecutivetwelve-month period between July 1, 1983 and June 30, 1993, together withsuch savings as can be demonstrated to have been achieved through waterconservation.
F. Persons withdrawing ground water for agricultural or livestock wateringpurposes, or pursuant to certificates of ground water right or permits towithdraw ground water issued prior to July 1, 1992, in the Eastern Virginiaor Eastern Shore Groundwater Management Areas, may continue such withdrawaluntil the required permit application is acted on by the Board, provided thatthe permit application is filed by the appropriate deadline.
G. Persons applying for a ground water withdrawal permit may request thatthey be permitted to withdraw more ground water than the amount to which theymay be entitled based on their historic usage and water conservation as setforth in this section. The Board in its discretion may issue a permit for agreater amount than that which is based on historic usage and waterconservation, upon consideration of the factors set forth in § 62.1-263.
H. Failure by any person covered by the provisions of subsection A, B, D or Eto file an application for a ground water withdrawal permit prior to theexpiration of the applicable period creates a presumption that any claim towithdraw ground water based on history of usage has been abandoned. Inreviewing any application for a ground water withdrawal permit subsequentlymade by such a person, the Board shall consider the factors set forth in §62.1-263.
§ 62.1-260. Permits for existing ground water withdrawals in existing groundwater management areas.
A. Persons holding a certificate of ground water right or a permit towithdraw ground water issued prior to July 1, 1991, in the Eastern Virginiaor Eastern Shore Groundwater Management Areas and currently withdrawingground water pursuant to said certificate or permit shall file an applicationfor a ground water withdrawal permit on or before December 31, 1992, in orderto obtain a permit for withdrawals. The Board shall issue ground waterwithdrawal permits for the total amount of ground water withdrawn during anyconsecutive twelve-month period between July 1, 1987, and June 30, 1992,together with such savings as can be demonstrated to have been achievedthrough water conservation; however, with respect to a political subdivision,an authority serving a political subdivision or a community waterworksregulated by the Department of Health, the permit shall be issued for thetotal amount of ground water withdrawn during any consecutive twelve-monthperiod between July 1, 1980, and June 30, 1992, together with such savings ascan be demonstrated to have been achieved through water conservation.
B. Persons holding a certificate of ground water right issued on or afterJuly 1, 1991, and prior to July 1, 1992, in the Eastern Virginia or EasternShore Groundwater Management Areas and currently withdrawing ground waterpursuant to the certificate shall file an application for a ground waterwithdrawal permit on or before December 31, 1993, in order to obtain a permitfor withdrawals. The Board shall issue ground water withdrawal permits forthe total amount of ground water withdrawn during any consecutivetwelve-month period between July 1, 1988, and June 30, 1993, together withsuch savings as can be demonstrated to have been achieved through waterconservation.
C. Persons holding a permit to withdraw ground water issued on or after July1, 1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern ShoreGroundwater Management Areas shall not be required to apply for a groundwater withdrawal permit until the expiration of the term of the permit towithdraw ground water as provided in subsection C of § 62.1-266, and maywithdraw ground water pursuant to the terms and conditions of the permit towithdraw ground water. Such persons may apply for a ground water withdrawalpermit allowing greater withdrawals of ground water than are allowed under anexisting permit, and the Board in its discretion may issue a permit for suchgreater withdrawals, upon consideration of the factors set forth in §62.1-263.
D. Persons holding a certificate of ground water right issued prior to July1, 1992, or a permit to withdraw ground water issued prior to July 1, 1991,in the Eastern Virginia or Eastern Shore Groundwater Management Areas, whohave not withdrawn ground water prior to July 1, 1992, may initiate awithdrawal on or after July 1, 1992, pursuant to the terms and conditions ofthe certificate or permit. The persons shall file an application for a groundwater withdrawal permit on or before December 31, 1995, and may continuewithdrawing ground water under the terms and conditions of their certificateor permit until the required ground water withdrawal permit application isacted on by the Board, provided that the ground water withdrawal permitapplication is filed on or before December 31, 1995. The Board shall issue aground water withdrawal permit for the total amount of ground water withdrawnand applied to a beneficial use during any consecutive twelve-month periodbetween July 1, 1992, and June 30, 1995, together with (i) such savings ascan be demonstrated to have been achieved through water conservation and (ii)such amount as the Board in its discretion deems appropriate uponconsideration of the factors set forth in § 62.1-263. This subsection shallnot apply to a political subdivision, or an authority serving a politicalsubdivision, holding a permit or certificate for a public water supply wellfor supplemental water during drought conditions, which shall apply for aground water withdrawal permit as provided in § 62.1-265.
E. Persons withdrawing ground water for agricultural or livestock wateringpurposes in the Eastern Virginia or Eastern Shore Groundwater ManagementAreas on or before July 1, 1992, shall file an application for a ground waterwithdrawal permit on or before December 31, 1993, in order to obtain a permitfor withdrawals. The Board shall issue ground water withdrawal permits forthe total amount of ground water withdrawn during any consecutivetwelve-month period between July 1, 1983 and June 30, 1993, together withsuch savings as can be demonstrated to have been achieved through waterconservation.
F. Persons withdrawing ground water for agricultural or livestock wateringpurposes, or pursuant to certificates of ground water right or permits towithdraw ground water issued prior to July 1, 1992, in the Eastern Virginiaor Eastern Shore Groundwater Management Areas, may continue such withdrawaluntil the required permit application is acted on by the Board, provided thatthe permit application is filed by the appropriate deadline.
G. Persons applying for a ground water withdrawal permit may request thatthey be permitted to withdraw more ground water than the amount to which theymay be entitled based on their historic usage and water conservation as setforth in this section. The Board in its discretion may issue a permit for agreater amount than that which is based on historic usage and waterconservation, upon consideration of the factors set forth in § 62.1-263.
H. Failure by any person covered by the provisions of subsection A, B, D or Eto file an application for a ground water withdrawal permit prior to theexpiration of the applicable period creates a presumption that any claim towithdraw ground water based on history of usage has been abandoned. Inreviewing any application for a ground water withdrawal permit subsequentlymade by such a person, the Board shall consider the factors set forth in §62.1-263.
