§ 62.1-44.15:5.02. Low-flow protections in Potomac River.
A. Virginia Water Protection Permits issued after July 1, 2007, authorizingwithdrawal of water from the Potomac River or its tributaries between theWest Virginia border and Little Falls for any purpose other than municipalwater supply, shall incorporate low-flow protection requirements if themaximum consumptive use allowed by the permit exceeds 500,000 gallons perday. Such permits shall require that the permittee provide or securesufficient offstream storage to augment instream flow during low-flow periodsin an amount equal to the amount that the permittee's consumptive use exceeds500,000 gallons per day. The permit shall specify the instream flow volume atwhich 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 maybe used to replace their consumptive use withdrawals exceeding 500,000gallons per day during low-flow periods; (ii) purchasing storage capacity infacilities owned by another entity, sufficient to replace their consumptiveuse withdrawals exceeding 500,000 gallons per day during low-flow periods; or(iii) agreeing to a permit condition limiting consumptive use to not morethan 500,000 gallons per day during low-flow periods as designated in thepermit.
C. No owner who holds a Virginia Water Protection Permit as described in thissection shall withdraw water for consumptive use in excess of 500,000 gallonsper day, except in compliance with permit requirements for low-flowaugmentation.
D. Should the implementation of emergency measures pursuant to applicablelaw, regulation, or interjurisdictional agreement require more stringenttemporary restrictions on consumptive use, those requirements shall overridethe provisions of permits issued pursuant to this section during the periodthat such requirements are in effect.
E. The requirements of this section shall not apply to the reissuance oramendment of any Virginia Water Protection Permit issued prior to July 1,2007, unless such reissuance or amendment: (i) authorizes an increase in thepermitted withdrawal in excess of 500,000 gallons per day for consumptiveuse; or (ii) authorizes a change from nonconsumptive to consumptive use, inexcess of 500,000 gallons per day.
§ 62.1-44.15:5.02. Low-flow protections in Potomac River.
A. Virginia Water Protection Permits issued after July 1, 2007, authorizingwithdrawal of water from the Potomac River or its tributaries between theWest Virginia border and Little Falls for any purpose other than municipalwater supply, shall incorporate low-flow protection requirements if themaximum consumptive use allowed by the permit exceeds 500,000 gallons perday. Such permits shall require that the permittee provide or securesufficient offstream storage to augment instream flow during low-flow periodsin an amount equal to the amount that the permittee's consumptive use exceeds500,000 gallons per day. The permit shall specify the instream flow volume atwhich 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 maybe used to replace their consumptive use withdrawals exceeding 500,000gallons per day during low-flow periods; (ii) purchasing storage capacity infacilities owned by another entity, sufficient to replace their consumptiveuse withdrawals exceeding 500,000 gallons per day during low-flow periods; or(iii) agreeing to a permit condition limiting consumptive use to not morethan 500,000 gallons per day during low-flow periods as designated in thepermit.
C. No owner who holds a Virginia Water Protection Permit as described in thissection shall withdraw water for consumptive use in excess of 500,000 gallonsper day, except in compliance with permit requirements for low-flowaugmentation.
D. Should the implementation of emergency measures pursuant to applicablelaw, regulation, or interjurisdictional agreement require more stringenttemporary restrictions on consumptive use, those requirements shall overridethe provisions of permits issued pursuant to this section during the periodthat such requirements are in effect.
E. The requirements of this section shall not apply to the reissuance oramendment of any Virginia Water Protection Permit issued prior to July 1,2007, unless such reissuance or amendment: (i) authorizes an increase in thepermitted withdrawal in excess of 500,000 gallons per day for consumptiveuse; or (ii) authorizes a change from nonconsumptive to consumptive use, inexcess of 500,000 gallons per day.
§ 62.1-44.15:5.02. Low-flow protections in Potomac River.
A. Virginia Water Protection Permits issued after July 1, 2007, authorizingwithdrawal of water from the Potomac River or its tributaries between theWest Virginia border and Little Falls for any purpose other than municipalwater supply, shall incorporate low-flow protection requirements if themaximum consumptive use allowed by the permit exceeds 500,000 gallons perday. Such permits shall require that the permittee provide or securesufficient offstream storage to augment instream flow during low-flow periodsin an amount equal to the amount that the permittee's consumptive use exceeds500,000 gallons per day. The permit shall specify the instream flow volume atwhich 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 maybe used to replace their consumptive use withdrawals exceeding 500,000gallons per day during low-flow periods; (ii) purchasing storage capacity infacilities owned by another entity, sufficient to replace their consumptiveuse withdrawals exceeding 500,000 gallons per day during low-flow periods; or(iii) agreeing to a permit condition limiting consumptive use to not morethan 500,000 gallons per day during low-flow periods as designated in thepermit.
C. No owner who holds a Virginia Water Protection Permit as described in thissection shall withdraw water for consumptive use in excess of 500,000 gallonsper day, except in compliance with permit requirements for low-flowaugmentation.
D. Should the implementation of emergency measures pursuant to applicablelaw, regulation, or interjurisdictional agreement require more stringenttemporary restrictions on consumptive use, those requirements shall overridethe provisions of permits issued pursuant to this section during the periodthat such requirements are in effect.
E. The requirements of this section shall not apply to the reissuance oramendment of any Virginia Water Protection Permit issued prior to July 1,2007, unless such reissuance or amendment: (i) authorizes an increase in thepermitted withdrawal in excess of 500,000 gallons per day for consumptiveuse; or (ii) authorizes a change from nonconsumptive to consumptive use, inexcess of 500,000 gallons per day.
