62.1-245 - Agreements among persons withdrawing surface water.
§ 62.1-245. Agreements among persons withdrawing surface water.
In the administration of this chapter, the Board shall encourage, promote andrecognize voluntary agreements among persons withdrawing surface water in thesame surface water management area. When the Board finds that any suchagreement, executed in writing and filed with the Board, is consistent withthe intent, purposes and requirements of this chapter, the Board shallapprove the agreement following a public hearing. The Board shall provide atleast sixty days' notice of the public hearing to the public in general andindividually to those persons withdrawing surface water in the surface watermanagement area who are not parties to the agreement, and shall make a goodfaith effort to so notify recreational user groups, conservationorganizations and fisheries management agencies. The Board shall be a partyto the agreement. The agreement, until terminated, shall control in lieu of aformal order, rule, regulation or permit issued by the Board under theprovisions of this chapter, and shall be deemed to be a case decision underthe Administrative Process Act (§ 2.2-4000 et seq.). Any agreement shallspecify the amount of water affected thereby.
Any agreement approved by the Board may include conditions which can resultin its amendment or termination by the Board, following a public hearing, ifthe Board finds that it or its effect is inconsistent with the intent,purposes and requirements of this chapter. Such conditions may include (i) adetermination by the Board that the agreement originally approved by theBoard will not further the purposes of this chapter, (ii) a determination bythe Board that circumstances have changed such that the agreement originallyapproved by the Board will no longer further the purposes by this chapter, or(iii) one or more parties to the agreement is not fulfilling its commitmentsunder the agreement. The Board shall provide at least sixty days' notice ofthe public hearing to the public in general and individually to those personswithdrawing surface water in the surface water management area who are notparties to the agreement, and shall make a good faith effort to so notifyrecreational user groups, conservation organizations and fisheries managementagencies.
(1989, c. 721; 1999, c. 561.)