CODE OF VIRGINIA

CRITERIA FOR ISSUANCE OF PERMITS (§ 62.1-263)

When reviewing an application for a permit to withdraw ground water, or an
amendment to a permit, the Board may consider the nature of the proposed
beneficial use, the proposed use of alternate or innovative approaches such as
aquifer storage and recovery systems and surface and ground water conjunctive
uses, climatic cycles, unique requirements for nuclear power stations, economic
cycles, population projections, the status of land use and other necessary
approvals, and the adoption and implementation of the applicant’s water
conservation and management plan. In no case shall a permit be issued for more
ground water than can be applied to the proposed beneficial use.When proposed
uses of ground water are in conflict or when available supplies of ground water
are insufficient for all who desire to use them, preference shall be given to
uses for human consumption, over all others.In evaluating permit applications,
the Board shall ensure that the maximum possible safe supply of ground water
will be preserved and protected for all other beneficial uses.In evaluating the
available ground water with respect to permit applications for new or expanded
withdrawals in the Eastern Virginia or Eastern Shore Groundwater Management
Areas, the Board shall use the average of the actual historical ground water
usage from the inception of the ground water withdrawals of a political
subdivision or authority operating a ground water and surface water conjunctive
use system and shall not use the total permit capacity of such system in
determining such availability.

HISTORY: 1992, c. 812; 1994, cc. 513, 592.