State Codes and Statutes
Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-15-22§ 62.1-44.15:22. Water withdrawals and preservation of instream flow.
A. Conditions contained in a Virginia Water Protection Permit may include butare not limited to the volume of water which may be withdrawn as a part ofthe permitted activity and conditions necessary to protect beneficial uses.Domestic and other existing beneficial uses shall be considered the highestpriority uses.
B. Notwithstanding any other provision, no Virginia Water Protection Permitshall be required for any water withdrawal in existence on July 1, 1989;however, a permit shall be required if a new § 401 certification is requiredto increase a withdrawal. No Virginia Water Protection Permit shall berequired for any water withdrawal not in existence on July 1, 1989, if theperson proposing to make the withdrawal received a § 401 certification beforeJanuary 1, 1989, with respect to installation of any necessary withdrawalstructures to make such withdrawal; however, a permit shall be requiredbefore any such withdrawal is increased beyond the amount authorized by thecertification.
C. The Board may issue an Emergency Virginia Water Protection Permit for anew or increased withdrawal when it finds that because of drought there is aninsufficient public drinking water supply that may result in a substantialthreat to human health or public safety. Such a permit may be issued toauthorize the proposed activity only after conservation measures mandated bylocal or state authorities have failed to protect public health and safetyand notification of the agencies designated in § 62.1-44.15:20 C and only forthe amount of water necessary to protect public health and safety. Theseagencies shall have five days to provide comments or written recommendationson the issuance of the permit. Notwithstanding the provisions of §62.1-44.15:20 B, no public comment shall be required prior to issuance of theemergency permit. Not later than 14 days after the issuance of the emergencypermit, the permit holder shall apply for a Virginia Water Protection Permitauthorized under the other provisions of this section. The application forthe Virginia Water Protection Permit shall be subject to public comment for aperiod established by the Board. Any Emergency Virginia Water ProtectionPermit issued under this section shall be valid until the Board approves ordenies the subsequent request for a Virginia Water Protection Permit or for aperiod of one year, whichever occurs sooner. The fee for the emergency permitshall be 50 percent of the fee charged for a comparable Virginia WaterProtection Permit.
(2007, c. 659.)
