§ 62.1-106. When floodwaters may be captured and stored by riparian owners.
Water in watercourses which is over and above the average flow of the streammay, upon approval, be captured and stored by riparian owners for their lateruse under the following conditions:
(1) As a result of the capture and storage of such waters, there will be nodamage to others.
(2) The title to the land on which the impounding structure and the impoundedwater will rest are in the person or persons requesting the authority.
(3) All costs incident to such impoundment, including devices above and belowfor indicating average flow, will be borne by the person or personsrequesting the authority.
(4) For impoundments with a capacity of more than fifty acre-feet of storageall construction is approved by a licensed professional engineer. For thosewith capacities of fifty acre-feet, or less, of storage all construction willbe approved by a licensed professional engineer or by some other competentperson.
(5) Those requesting the authority will insure that the flow below theimpoundment is equal to:
(a) At least the average flow when the flow immediately above the impoundingstructure is greater than the average flow, or
(b) At least the flow immediately above the impounding structure when thatflow is equal to or less than the average flow.
(6) If needed, provision will be made in the impounding structure for anadequate spillway and for means of releasing water to maintain the requiredflow downstream.
(7) If for the purposes of irrigation, the quantity of water stored(exclusive of foreseeable losses) will not exceed that required for a periodof twelve months to irrigate the cleared acreage owned by those participatingin the undertaking and lying in the watershed of the stream from which thewater is taken.
(8) All structures and equipment incident to such impoundment will bemaintained in safe and serviceable condition by the owners and all partsthereof in a watercourse will be removed when no longer required for thepurpose.
(9) Priority to the right to store floodwaters, as outlined, will go toupstream riparian owners.
(10) Those impounding floodwaters will, upon request, provide appropriateinformation concerning the impoundment to the State Water Control Board.
(11) The plans for an impounding structure as defined in § 10.1-604 have theapproval of the State Water Control Board and conform to the rules andregulations promulgated by the Board.
(Code 1950, § 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976, c.710; 1977, c. 26; 1982, c. 583.)
§ 62.1-106. When floodwaters may be captured and stored by riparian owners.
Water in watercourses which is over and above the average flow of the streammay, upon approval, be captured and stored by riparian owners for their lateruse under the following conditions:
(1) As a result of the capture and storage of such waters, there will be nodamage to others.
(2) The title to the land on which the impounding structure and the impoundedwater will rest are in the person or persons requesting the authority.
(3) All costs incident to such impoundment, including devices above and belowfor indicating average flow, will be borne by the person or personsrequesting the authority.
(4) For impoundments with a capacity of more than fifty acre-feet of storageall construction is approved by a licensed professional engineer. For thosewith capacities of fifty acre-feet, or less, of storage all construction willbe approved by a licensed professional engineer or by some other competentperson.
(5) Those requesting the authority will insure that the flow below theimpoundment is equal to:
(a) At least the average flow when the flow immediately above the impoundingstructure is greater than the average flow, or
(b) At least the flow immediately above the impounding structure when thatflow is equal to or less than the average flow.
(6) If needed, provision will be made in the impounding structure for anadequate spillway and for means of releasing water to maintain the requiredflow downstream.
(7) If for the purposes of irrigation, the quantity of water stored(exclusive of foreseeable losses) will not exceed that required for a periodof twelve months to irrigate the cleared acreage owned by those participatingin the undertaking and lying in the watershed of the stream from which thewater is taken.
(8) All structures and equipment incident to such impoundment will bemaintained in safe and serviceable condition by the owners and all partsthereof in a watercourse will be removed when no longer required for thepurpose.
(9) Priority to the right to store floodwaters, as outlined, will go toupstream riparian owners.
(10) Those impounding floodwaters will, upon request, provide appropriateinformation concerning the impoundment to the State Water Control Board.
(11) The plans for an impounding structure as defined in § 10.1-604 have theapproval of the State Water Control Board and conform to the rules andregulations promulgated by the Board.
(Code 1950, § 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976, c.710; 1977, c. 26; 1982, c. 583.)
§ 62.1-106. When floodwaters may be captured and stored by riparian owners.
Water in watercourses which is over and above the average flow of the streammay, upon approval, be captured and stored by riparian owners for their lateruse under the following conditions:
(1) As a result of the capture and storage of such waters, there will be nodamage to others.
(2) The title to the land on which the impounding structure and the impoundedwater will rest are in the person or persons requesting the authority.
(3) All costs incident to such impoundment, including devices above and belowfor indicating average flow, will be borne by the person or personsrequesting the authority.
(4) For impoundments with a capacity of more than fifty acre-feet of storageall construction is approved by a licensed professional engineer. For thosewith capacities of fifty acre-feet, or less, of storage all construction willbe approved by a licensed professional engineer or by some other competentperson.
(5) Those requesting the authority will insure that the flow below theimpoundment is equal to:
(a) At least the average flow when the flow immediately above the impoundingstructure is greater than the average flow, or
(b) At least the flow immediately above the impounding structure when thatflow is equal to or less than the average flow.
(6) If needed, provision will be made in the impounding structure for anadequate spillway and for means of releasing water to maintain the requiredflow downstream.
(7) If for the purposes of irrigation, the quantity of water stored(exclusive of foreseeable losses) will not exceed that required for a periodof twelve months to irrigate the cleared acreage owned by those participatingin the undertaking and lying in the watershed of the stream from which thewater is taken.
(8) All structures and equipment incident to such impoundment will bemaintained in safe and serviceable condition by the owners and all partsthereof in a watercourse will be removed when no longer required for thepurpose.
(9) Priority to the right to store floodwaters, as outlined, will go toupstream riparian owners.
(10) Those impounding floodwaters will, upon request, provide appropriateinformation concerning the impoundment to the State Water Control Board.
(11) The plans for an impounding structure as defined in § 10.1-604 have theapproval of the State Water Control Board and conform to the rules andregulations promulgated by the Board.
(Code 1950, § 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976, c.710; 1977, c. 26; 1982, c. 583.)
