62.1-246 - When Board may initiate a surface water management area study proceeding; hearing required.
§ 62.1-246. When Board may initiate a surface water management area studyproceeding; hearing required.
A. The Board upon its own motion or, in its discretion, upon receipt of apetition therefor by any county, city or town within the surface watermanagement area in question, or any state agency, may initiate a surfacewater management area proceeding whenever in its judgment there is evidenceto indicate that:
1. A stream has substantial instream values as indicated by evidence offishery, recreation, habitat, cultural or aesthetic properties; and
2. Historical records or current conditions indicate that a low flowcondition could occur which would threaten important instream uses; and
3. Current or potential offstream uses contribute to or are likely toexacerbate natural low flow conditions to the detriment of instream values.
B. If, after a public hearing held pursuant to § 2.2-4007.01, or at therequest of an affected person or on the Board's motion, a hearing shall beheld under § 2.2-4009, and the Board finds that the conditions required aboveexist and further finds that the public welfare, health and safety requirethat regulatory efforts be initiated, the Board shall declare the area inquestion to be a surface water management area. The Board shall cause noticeof the surface water management area to be published in a newspaper ofgeneral circulation throughout the area, and shall mail a copy of itsdecision to the mayor or chairman of the governing body of each county, cityor town within which any part of the area lies, or which is known by theBoard to make offstream use of water from the area, and to the chiefadministrative officer of any federal facility known by the Board to be usingwater from within the area. The Board shall include in its decision adefinition of the boundaries of the water management area.
(1989, c. 721; 2007, cc. 873, 916.)