62.1-107 - Application for leave to store floodwaters; notice to interested persons and to State Water Control Board.

§ 62.1-107. Application for leave to store floodwaters; notice to interestedpersons and to State Water Control Board.

Any riparian owner, or riparian owners, desiring to store floodwaters underthe conditions specified in § 62.1-106 may apply for leave so to do to thecircuit court of the county or city wherein the impounding structure isproposed to be built. Such application shall be made by petition filed in theclerk's office of the court. It shall set forth the name and address of theriparian owner, or owners, the purpose of the proposed impoundment, thedesired storage capacity and the basis on which determined, the stream andthe point on it from which floodwaters are proposed to be taken, theestimated cost of the project, and an agreement to abide by the provisions of§ 62.1-106. It shall be accompanied by a plat or sketch of the riparianproperty which he or they own and on which is shown the site of theimpounding structure and the area to be flooded by the impounded water. Theplat or sketch shall include data sufficient to permit the location of theproperty on the official highway map of the county or a map of the city ortown where appropriate. It shall also be accompanied by a plan of theproposed impounding structure on which appears the approval of the plan by aregistered civil engineer or registered agricultural engineer, (or othercompetent person for storage capacities of fifty acre-feet or less) andagreement thereto by the riparian owner. All interested persons shall begiven notice of such application by publication in accordance with §§8.01-316 and 8.01-317. A copy of the petition, together with a copy of theplat and a copy of the plan, shall be sent by registered mail to the StateWater Control Board.

(Code 1950, § 62-94.4; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977, c. 26.)