SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E251 An Act to amend and reenact §§ 62.1-44.15:22, as it is currently effective and as it shall become data;effective, and 62.1-263 of the Code of Virginia, relating to Department of Environmental Quality;
groundwaterdata; and surface water withdrawal permits.ng to Department of Environmental QuaRity;
Ogroundwater [Sand 581]surface Lwater Approvedwithdrawal Lpermits. Be it enacted by the General Assembly of Virginia:
E[S 1.581] Approved March 28, 2024 Be it enacted by the General Assembly of Virginia:
That1. §§ 62.1-44.15:22, as it is currently effective and as it shall become effective, and 62D1-263 of the§ 62.1-44.15:22.
That §§ 62.1-44.15:22, as it is currently effective and as it shall become effective, and 62.1-263 of the Code of Virginia are amended and reenacted as follows:
§ 62.1-44.15:22.
Conditions contained in a Virginia Water Protection Permit may include but are not limited to the volume of water which may be withdrawn as a part of the permitted activity and conditions necessary to protect beneficial uses.
Domestic and other existing beneficial uses shall be considered the highesthighestto priority uses.
Such data may include information relating to wBterwater levels, flow rates, and water quality.
8B. any water withdrawal in existence on July 1, 1989;
however,Notwithstanding aany permitother provision, no Virginia Water Protection Permit shall be required iffor aany newE§water 401withdrawal certificationin isexistence requiredon toJuly increase1, a1989; withdrawal.
however, a permit shall be required if a new § 401 certification is required to increase a withdrawal.
The Board may issue an Emergency Virginia Water Protection Permit for a new or increased withdrawal when it finds that because of drought there is an insufficient public drinking water supply authorizethat themay proposedresult activityin onlya aftersubstantial conservationthreat measures mandated by local or state authoritieso have failed to protecthuman public health andor safety and notification of the agencies designated in § 62.1-44.15:20 C and only for the amount of water necessary to protect public health and safety.
Such a permit may be issued to authorize the proposed activity only after conservation measures mandated by local or state authorities have failed to protect public health and safety and notification of the agencies designated in § 62.1-44.15:20 C and only for the amount of water necessary to protect public health and safety.
The application for the Virginia Water Protection Permit shall be subject to issuedpublic undercomment this section shall be valid until the Board approves or denies the subsequent request for a Virginia Water Protection Permit or for a period ofestablished oneby year,the whicheverBoard. occurs sooner.
Any Emergency Virginia Water Protection Permit issued under this section shall be valid until the Board approves or denies the subsequent request for a Virginia Water Protection Permit or for a period of one year, whichever occurs sooner.
Conditions contained in a Virginia Water Protection Permit may include the volume of water that may be withdrawn as a part of the permitted activity and conditions necessary to protect beneficial Boarduses. is authorized to utilize and incorporate comprehensive groundwater, surface water, and aquifer data in its permit decision.
Domestic and other existing beneficial uses shall be considered the highest priority uses.
The Board is authorized to utilize and incorporate comprehensive groundwater, surface water, and aquifer data in its permit decision.
Once approved by the Board, such water auditing plan and leak detection and repair plan shall be incorporated by Waterreference Protectionas Permit for a surfacecondition waterin withdrawalthe withoutVirginia anWater approvedProtection waterPermit. auditing plan and ana approved leak detection and repair plan.
ofThe 2Board B.shall not issue a Virginia Water Protection Permit for a surface water withdrawal without an approved water auditing plan and an approved leak detection and repair plan.
B.
however, a permit shall be required if a new of 2 § 401 certification is required to increase a withdrawal.