Title 62.1, Title 62.1. Waters of the State, Ports and Harbors

Members of the Commission may receive compensation and may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as the Commission may deem appropriate. The costs of compensation and expenses shall be paid from such funds as may be availa…

A. The Commission shall adopt annually a budget that includes the Commission's estimated expenses. A process for distributing the costs for the support of the Commission among the relevant local governing bodies, based on each jurisdiction's proportional share of the population w…

The Rivanna River Basin Commission shall have the following powers and duties: 1. Develop a plan to promote the coordination of water management within the Basin to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption; 2. Pr…

The local governing bodies, soil and water conservation districts, and planning district commissions found wholly or partially in the Rivanna River Basin may provide staff support to the Commission as the localities determine appropriate. Additional staff support may be hired or …

A. A locality may withdraw from the Commission one year after providing written notice to the Commission of its intent to do so. B. The Commission may be dissolved (i) upon three-fourths vote of its members, (ii) if the membership falls below three-fourths of the number of locali…

The Commission shall have the power to make such reasonable rules and regulations as may be necessary to administer the provisions of this chapter and to require licensees hereunder to render to it from time to time such reports as may be reasonably necessary. It shall have the p…

No alteration, amendment or repeal of this chapter shall, without the consent of the licensee, affect any license granted under the provisions of this chapter, nor shall it affect the provisions, terms and conditions of such license nor the rights of the licensee thereunder.

The provisions, terms, and conditions of any license may be altered or amended at any time by mutual consent of the licensee and the Commission, to the extent such alteration or amendment is not in conflict with the then existing law of the Commonwealth.

Nothing contained in this chapter shall be so construed as to interfere with the exercise of lawful jurisdiction of the government of the United States, or its duly constituted agencies, over the waters of the Commonwealth as herein defined.

In order to conserve and utilize the otherwise wasted energy from the water powers in this Commonwealth, it is hereby declared to be the policy of the Commonwealth to encourage the utilization of the water resources in the Commonwealth to the greatest practicable extent and to co…

The provisions of this chapter shall apply only to public utilities as defined in § 56-232.

The term "waters of the Commonwealth" as used in this chapter shall mean: (a) Any stream or that portion of any stream in this Commonwealth which prior to June 21, 1932, has been declared navigable by any unrepealed statute of this Commonwealth, or (b) any stream or that portion …

The control and regulation on the part of the Commonwealth of the development of the waters of the Commonwealth shall be paramount, and shall be exercised through the agency of the State Corporation Commission, sometimes in this chapter referred to as the Commission; provided, ho…

No person, firm, association or corporation, private or municipal, proposing to construct or reconstruct any dam across or in the waters of the Commonwealth, as defined in § 62.1-81, or a dam in any rivers or streams within the Commonwealth when such dam is for the purpose of gen…

The word "dam" as used in this chapter is intended to include the appurtenant pondage area or any part thereof.

The construction or reconstruction of any such dam as is mentioned in § 62.1-83 shall not be begun until the person, firm, association, corporation, private or municipal, or public utility as defined in § 56-232 proposing to construct or reconstruct the same shall first obtain a …

As soon as practicable after the filing with the State Corporation Commission of any application for a license under the provisions of this chapter, the Commission shall set a day for a public hearing upon such application, and the applicant shall give notice to the public of the…

At such public hearing the applicant and any other interested person, firm, association or corporation shall be given an opportunity to present facts, evidence and argument for and against the granting of the application.

Before acting upon any application, the Commission shall weigh all the respective advantages and disadvantages from the standpoint of the Commonwealth as a whole and the people thereof and shall make such investigation as may be appropriate as to the effect of the proposed constr…

If the Commission shall be of the opinion from all the evidence before it that, in pursuance of the herein expressed policy of the Commonwealth to encourage water-power development, the plans of the applicant provide for the greatest practicable extent of utilization of the water…

If the Commission be of the opinion, from the evidence before it, that the prospective scheme of development is inadequate or wasteful or that the applicant is financially unable to construct and operate the proposed dam and works, or that it is prejudicial to the public interest…

In granting any license the Commission may include in the grant thereof such terms and conditions with respect to the character of construction, operation and maintenance of the proposed dam and works as may be reasonably necessary in the opinion of the Commission in the interest…

No priority of location or appropriation shall be recognized by the Commission in its consideration of any application for a license, under this chapter, except that in case of an application for a license for any reconstruction or enlargement of any existing development, the own…

With respect to any license which may be granted, the Commission shall prescribe a time limit of not more than two years after the granting of such license for the commencement of the construction of the proposed dam and works of the applicant and of not more than five years afte…

All licenses granted under the provisions of this chapter shall remain in effect for a period of fifty years from and after the date of granting thereof. From and after the expiration of such terms of fifty years the licensee, its successors and assigns, shall hold the property a…

In any valuation, for the purpose of rate making or for the purpose of acquisition by the Commonwealth by condemnation or by purchase as above provided for, or the property included in any development licensed under this chapter, there shall not be claimed by the licensee or allo…

No voluntary transfer or assignment of any license granted under this chapter shall be made to any transferee or assignee unless he be financially able to carry out the project or development, nor shall any such voluntary transfer or assignment be valid or of any effect whatsoeve…

In event of violation by the licensee of any of the terms of a license, or for the purpose of remedying by injunction, mandamus or other process any act of commission or omission by the licensee in violation of any of the provisions of this chapter, or of any lawful regulation or…

In addition to any right or power of eminent domain that it may have under existing law, every public service corporation engaged in the development of waterpower in this Commonwealth for the production, sale and supply of hydroelectric power and energy to the public shall be ves…

Section 12 of Chapter 424 of the Acts of 1928, approved March 24, 1928, as amended by Chapter 346 of the Acts of 1932, approved March 26, 1932, codified as § 3581 (13) of Michie Code 1942 and as § 62-88 of the Code of Virginia of 1950, relating to water-power developments constru…

(1) Except as modified below, the definitions contained in Title 1 shall apply in this chapter. (2) "Board" means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant…

Diffused surface waters may be captured and impounded by the owner of the land on which they are present and, when so impounded, become the property of that owner. Such impoundment shall not cause damage to others; however, the owner of land on which an impounding structure as de…

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 oth…

Any riparian owner, or riparian owners, desiring to store floodwaters under the conditions specified in § 62.1-106 may apply for leave so to do to the circuit court of the county or city wherein the impounding structure is proposed to be built. Such application shall be made by p…

Upon the filing of any such petition, the court or judge thereof in vacation shall set a time and place for hearing the same, which time and place shall be set forth in the order of publication. Any person affected may appear and be made a party to such proceeding by leave of cou…

Upon receipt of a copy of any such petition the Board shall examine the same and report thereon to the court upon the following matters: (1) The average flow of the stream at the point from which water for storage will be taken. (2) Whether the proposed project conflicts with any…

The court, on the day specified in the order of publication, shall hear and determine the issues in the proceeding based on the report and other evidence. In its discretion the court may refer any matter to a commissioner in chancery to take such evidence as may be proper and to …

If, on the report and other evidence, it appears to the court that by granting such leave other riparian owners will be injured, or there are other justifiable reasons for denying the petition, the leave shall not be granted; provided that in no case shall leave be granted if the…

If the applicant shall not begin his work within two years, and so far finish it within three years after such leave, as then to have his impounding structure in good condition for use; or if such impounding structure be at any time destroyed or rendered unfit for use and the reb…

The Commonwealth hereby gives its consent to the use of the bed of any watercourse to which it has title for the construction of any impounding structure under the provisions of this chapter. No right to construct an impounding structure resting upon the bed of any other watercou…

The provisions of this chapter shall not apply to any construction which should be undertaken under Chapter 7 (§ 62.1-80 et seq.) or 9 (§ 62.1-116 et seq.) of this title nor shall it apply in any case in which the consent of the federal government or of any agency or instrumental…

Any owner constructing an impounding structure under the provisions of this chapter shall have the sole and unrestricted use of the floodwaters thus stored for the purpose for which the storage was authorized.

A person having upon lands owned by him on a watercourse, or proposing to build on such lands, a water mill, or other machine, manufactory, or engine, useful to the public, and desiring leave to erect a dam across, or in such watercourse (whether he own the lands on either side o…

Of such application ten days' previous notice shall be given in the manner prescribed in Article 2 (§ 25.1-205 et seq.) of Chapter 2 of Title 25.1 to each tenant, or the guardian, conservator or committee of the tenant, of the freehold of any lands not owned by the applicant, upo…

On proof of the notice, the court shall, by its order, appoint five disinterested freeholders of such county, as commissioners (any three of whom may act), whose duty it shall be to meet on a certain day to be specified in the order, at the lands on which the mill, machine, manuf…

The commissioners, before entering upon their duties, shall take an oath faithfully to perform the same, and thereupon shall proceed to inquire and ascertain, if the leave be granted, whether the mansion house of any person, or the outhouses, yard, garden, or orchards thereto bel…