CODE OF VIRGINIA

WHEN FLOODWATERS MAY BE CAPTURED AND STORED BY RIPARIAN OWNERS (§ 62.1-106)

Water in watercourses which is over and above the average flow of the stream
may, upon approval, be captured and stored by riparian owners for their later
use under the following conditions:

   (1.  As a result of the capture and storage of such waters, there will be no
   damage to others.

   (2.  The title to the land on which the impounding structure and the impounded
   water will rest are in the person or persons requesting the authority.

   (3.  All costs incident to such impoundment, including devices above and below
   for indicating average flow, will be borne by the person or persons requesting
   the authority.

   (4.  For impoundments with a capacity of more than fifty acre-feet of storage
   all construction is approved by a licensed professional engineer. For those
   with capacities of fifty acre-feet, or less, of storage all construction will
   be approved by a licensed professional engineer or by some other competent
   person.

   (5.  Those requesting the authority will insure that the flow below the
   impoundment is equal to:
               
            

      (a.  At least the average flow when the flow immediately above the
      impounding structure is greater than the average flow, or

      (b.  At least the flow immediately above the impounding structure when that
      flow is equal to or less than the average flow.

   (6.  If needed, provision will be made in the impounding structure for an
   adequate spillway and for means of releasing water to maintain the required
   flow downstream.

   (7.  If for the purposes of irrigation, the quantity of water stored
   (exclusive of foreseeable losses) will not exceed that required for a period
   of twelve months to irrigate the cleared acreage owned by those participating
   in the undertaking and lying in the watershed of the stream from which the
   water is taken.

   (8.  All structures and equipment incident to such impoundment will be
   maintained in safe and serviceable condition by the owners and all parts
   thereof in a watercourse will be removed when no longer required for the
   purpose.

   (9.  Priority to the right to store floodwaters, as outlined, will go to
   upstream riparian owners.

   (10.  Those impounding floodwaters will, upon request, provide appropriate
   information concerning the impoundment to the State Water Control Board.

   (11.  The plans for an impounding structure as defined in § 10.1-604 have the
   approval of the State Water Control Board and conform to the rules and
   regulations promulgated by the Board.

HISTORY: Code 1950, § 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976,
c. 710; 1977, c. 26; 1982, c. 583.