CODE OF VIRGINIA

WHEN BOARD MAY INITIATE A SURFACE WATER MANAGEMENT AREA STUDY PROCEEDING;
HEARING REQUIRED (§ 62.1-246)

A. The Board upon its own motion or, in its discretion, upon receipt of a
petition therefor by any county, city or town within the surface water
management area in question, or any state agency, may initiate a surface water
management area proceeding whenever in its judgment there is evidence to
indicate that:

   1.  A stream has substantial instream values as indicated by evidence of
   fishery, recreation, habitat, cultural or aesthetic properties; and

   2.  Historical records or current conditions indicate that a low flow
   condition could occur which would threaten important instream uses; and

   3.  Current or potential offstream uses contribute to or are likely to
   exacerbate natural low flow conditions to the detriment of instream values.

B. If, after a public hearing held pursuant to § 2.2-4007.01, or at the request
of an affected person or on the Board’s motion, a hearing shall be held
under § 2.2-4009, and the Board finds that the conditions required above exist
and further finds that the public welfare, health and safety require that
regulatory efforts be initiated, the Board shall declare the area in question to
be a surface water management area. The Board shall cause notice of the surface
water management area to be published in a newspaper of general circulation
throughout the area, and shall mail a copy of its decision to the mayor or
chairman of the governing body of each county, city or town within which any
part of the area lies, or which is known by the Board to make offstream use of
water from the area, and to the chief administrative officer of any federal
facility known by the Board to be using water from within the area. The Board
shall include in its decision a definition of the boundaries of the water
management area.

HISTORY: 1989, c. 721; 2007, cc. 873, 916.