Unless the Department of Environmental Quality has determined that the quantity or quality of the ground water in the surficial aquifer is not adequate to supply the proposed beneficial use, it shall be unlawful in a ground water management area for any person to construct a well for nonagricultural irrigation purposes except in the surficial aquifer. The provisions of this section shall not apply to wells constructed prior to the effective date of regulations adopted pursuant to subsection H of § 62.1-266.

Terms Used In Virginia Code 62.1-258.1

  • Beneficial use: includes domestic (including public water supply), agricultural, commercial, and industrial uses. See Virginia Code 62.1-255
  • Department: means the Department of Environmental Quality. See Virginia Code 62.1-255
  • Ground water: means any water, except capillary moisture, beneath the land surface in the zone of saturation or beneath the bed of any stream, lake, reservoir or other body of surface water wholly or partially within the boundaries of the Commonwealth, whatever the subsurface geologic structure in which such water stands, flows, percolates or otherwise occurs. See Virginia Code 62.1-255
  • Irrigation: means the controlled application of water through man-made systems to supply water requirements not satisfied by rainfall to assist in the growing or maintenance of vegetative growth. See Virginia Code 62.1-255
  • Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of the Commonwealth or any other state or country. See Virginia Code 62.1-255
  • Surficial aquifer: means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone. See Virginia Code 62.1-255

2020, c. 670.