CODE OF VIRGINIA

CERTAIN LOCALITIES MAY CONSTRUCT DAMS ACROSS NAVIGABLE STREAMS; PERMISSION FROM
CHIEF OF ENGINEERS, SECRETARY OF ARMY AND STATE ATTORNEY GENERAL; APPROVAL OF
GOVERNING BODY (§ 15.2-2142)

Any locality authorized by its charter or by general law to construct a dam in
connection with its public water supply system and which has secured permission
from the Chief of Engineers and the Secretary of the Army and the authorization
of the Attorney General of Virginia with the consent and approval of the
Governor, may construct such dam in and across the bed of any navigable river,
stream or tributary in this Commonwealth; however, such dam shall not be
constructed nor any land acquired therefor when the dam would be located in
another locality without the approval of such locality’s governing body.
No such approval shall be required when the dam is in the process of
construction, the site has been purchased, or plans for its construction were
filed with any appropriate agency of the federal, state, or local government on
or before July 1, 1976.In any case in which the approval by such
locality’s governing body is withheld, the party seeking such approval may
petition the Chief Justice of the Supreme Court of Virginia for the convening of
a special court, pursuant to §§ 15.2-2135 through 15.2-2141.

HISTORY: Code 1950, § 15-20.7; 1962, c. 402, § 15.1-37.1; 1975, c. 573; 1976,
c. 69; 1997, c. 587.