Virginia Code 62.1-249: Applicability of permit conditions
A. The Board by regulation shall determine when the level of flow is such that permit conditions in a surface water management area are in force. As a part of this regulation, the Board shall adopt a reasonable system of water-use classification according to classes of beneficial uses. The Board may include provisions for variances and alternative measures to prevent undue hardship and ensure equitable distribution of water resources.
Terms Used In Virginia Code 62.1-249
- Board: means the State Water Control Board. See Virginia Code 62.1-242
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Surface water: means any water in the Commonwealth, except ground water, as defined in § 62. See Virginia Code 62.1-242
- Surface water management area: means a geographically defined surface water area in which the Board has deemed the levels or supply of surface water to be potentially adverse to public welfare, health and safety. See Virginia Code 62.1-242
B. The regulations may provide that the Board, or the Board’s Executive Director, by order may declare that the level of flow is such that permit conditions are applicable for all or part of a surface water management area.
C. The Board may impose such restrictions on one or more classes of water uses as may be necessary to protect the surface water resources of the area from serious harm.
D. Regulations shall provide for the means for a declaration of water shortage to be rescinded.
E. When permit conditions become applicable in a surface water management area, the Board shall notify each permittee by mail or cause notice thereof to be published in a newspaper of general circulation throughout the area. Publication of such notice will serve as notice to all permit holders in the area.
1989, c. 721.