SB 1149 — Plans and programs; drought evaluation and response plans, Potomac River.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E37 An Act to amend and reenact §§ 62.1-44.38 and 62.1-44.38:1 of the Code of Virginia, relating to plans and programs;

R O [S 1149] Approved LMarch L17, 2023 Be it enacted by the General Assembly of Virginia:

That §§ 62.1-44.38 and 62.1-44.38:1 of the Code of Virginia are amended and reenacted as E follows:

D§ committees;62.1-44.38.

Plans and programs;

registration of certain data by water users;

advisory committees;

The Board shall prepare plans and programs for the management of the water resources of the Commonwealth in such a manner as to encourage, promote, and secure the maximum beneficial use and control thereof.

These plans and programs shall be prepared for each major river basin of the and Commonwealth, and appropriate subbasins therein, including specifically the Potomac-Shenandoah River Basin, the Rappahannock River Basin, the York River Basin, the James River Basin, the Chowan RiBerRiver Basin, the Roanoke River Basin, the New River Basin, and the Tennessee-Big Sandy River Basin, a1dand for those areas in the Tidewater and elsewhere in the Commonwealth not within these major river basins.

Reports for each basin shall be published by the Board.lthBoard. not within these major river9 B.

B.

(iv) evaluate, to the extent practicable, the ability of existing subsurface and surface waters to meet current and future water uses, Virginiaincluding Departmentminimum ofinstream Healthflows, andduring localdrought waterconditions; supply managers, the current and future capability of public water systems to provide adequate quantity and quality of water;

(v) evaluate, in cooperation with the Virginia Department of Health and local water supply managers, the current and future capability of public water systems to provide adequate quantity and quality of water;

The Department shall (i) ensure that localities coordinate assistancesufficiently toin eachthe regionaldevelopment planningof area,regional differentiated according to each area's water supplyplans; challenges, existing resources, and other factors;

(ii) provide planning, policy, and technical assistance to each regional planning area, differentiated according to each area's water supply challenges, existing resources, and other factors;

Potomac River System (2000), including provisions related to subdivisiontriggers, regardingactions, theand incorporationmessages offor such provisions shall be construed to limit the authorityPotomac ofRiver the Governor during a declared drought emergency.evaluation region.

Nothing in this subdivision regarding the incorporation of such provisions shall be construed to limit the authority of the Governor during a declared drought emergency.

Location data shall be provided by each useD.user in a coordinate system specified by the Board.

D.

In this connection, the Board of 3 may include committee membership for branches or agencies of the federal government, branches or agencies of the Commonwealth, branches or agencies of the government of any state in a river basin of 2 located within that state and Virginia, the political subdivisions of the Commonwealth, and all persons and corporations interested in or directly affected by any proposed or existing plan or program.

The Board and the Department shall prioritize the allocation of planning funds and other funds to oflocalities 3that loE.sufficiently participate in regional planning.

InE. accordance with subdivision B 2 of § 62.1-44.38, the DepartmentEshall facilitate regional planning and provide assistance to each regional planning area as needeN.

RIn Oaccordance Lwith Lsubdivision EB D2 9of R§ 62.1-44.38, the Department shall facilitate regional planning and provide assistance to each regional planning area as needed.