dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.47. Membership; terms; vacancies; chairman and vice-chairman; quorum; meetings; voting.
A. The Commission shall consist of 14 nonlegislative members as follows: two members each of the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville; two nonlegislative citizen members, one each from the Culpeper Soil and Water Conservation District and the Thomas Jefferson Soil and Water Conservation District; and four nonlegislative citizen members at-large, one member each appointed by the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville, upon the recommendation of the Thomas Jefferson Planning District Commission. All members recommended by the Thomas Jefferson Planning District Commission and appointed to the Commission by the relevant local elected governing bodies shall be citizens who demonstrate interest, experience, or expertise in water-related Basin issues.

B. Members of the Commission who are local elected governing body officials or members of the soil and water conservation districts shall serve terms coincident with their terms of office. Initial appointments of the four nonlegislative citizen-at-large members shall be staggered as follows: two members for a term of two years; and two members for a term of four years. Thereafter, nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no nonlegislative citizen member shall serve more than two consecutive four-year terms. The remainder of any term to which a nonlegislative citizen at-large member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.

C. The Commission shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Each member of the Commission shall have an equal vote.

2004, c. 394.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.48. Compensation; expenses.
Members of the Commission may receive compensation and may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as the Commission may deem appropriate. The costs of compensation and expenses shall be paid from such funds as may be available to the Commission.

2004, c. 394.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.49. Funding.
A. The Commission shall adopt annually a budget that includes the Commission's estimated expenses. A process for distributing the costs for the support of the Commission among the relevant local governing bodies, based on each jurisdiction's proportional share of the population within the Rivanna River Basin, shall be determined by the Commission's local elected governing body members, unless such members choose otherwise.

B. The Commission shall designate a fiscal agent annually.

2004, c. 394.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.50. Powers and duties of the Rivanna River Basin Commission.
The Rivanna River Basin Commission shall have the following powers and duties:

1. Develop a plan to promote the coordination of water management within the Basin to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption;

2. Provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it deems necessary and appropriate, regarding the use, stewardship, and enhancement of the Basin's water and other natural resources;

3. Undertake studies and prepare, publish, and disseminate information in reports and in other forms related to the water and natural resources of the Basin and to further its purposes and mission, including but not limited to studies to determine the flow conditions necessary to protect instream beneficial uses and public water supplies for human consumption;

4. Enter into contracts and execute all instruments necessary or appropriate;

5. Perform any lawful acts necessary or appropriate;

6. Establish a nonprofit corporation as an instrumentality of the Commonwealth to assist in the details of administering its affairs and in raising funds;

7. Seek, apply for, accept, and expend gifts, grants, and donations, services, and other aids, from public or private sources. Other than those from member jurisdictions and those appropriated by the General Assembly, funds may be accepted by the Commission only after an affirmative vote by the Commission or by following such other procedure as may be established by the Commission for the conduct of its business;

8. Establish balanced advisory committees that may include representation from agricultural, environmental, resource-based, industrial, recreational, riparian landowner, development, educational, and other interests as it deems necessary and appropriate; and

9. Develop rules and procedures for the conduct of its business as necessary to carry out its purpose and mission, including but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote of a majority of the Commission's members.

2004, c. 394.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.51. Staffing and support.
The local governing bodies, soil and water conservation districts, and planning district commissions found wholly or partially in the Rivanna River Basin may provide staff support to the Commission as the localities determine appropriate. Additional staff support may be hired or contracted for by the Commission through funds raised by or provided to it. The Commission shall determine the duties of such staff and fix compensation within available resources.

All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

2004, c. 394.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.52. Withdrawal; dissolution.
A. A locality may withdraw from the Commission one year after providing written notice to the Commission of its intent to do so.

B. The Commission may be dissolved (i) upon three-fourths vote of its members, (ii) if the membership falls below three-fourths of the number of localities eligible for membership in the Commission, or (iii) by repeal or expiration of this chapter.

C. Upon the Commission's dissolution, all funds and assets of the Commission, including funds received from private sources, shall be divided and distributed on a pro rata basis to the member local governing bodies. All state funds and assets, if any, shall be transferred to the Office of the Secretary of Natural and Historic Resources for appropriate distribution.

2004, c. 394; 2021, Sp. Sess. I, c. 401.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-100. Rules of Commission; reports; employment of experts, etc.
The Commission shall have the power to make such reasonable rules and regulations as may be necessary to administer the provisions of this chapter and to require licensees hereunder to render to it from time to time such reports as may be reasonably necessary. It shall have the power to employ expert engineers or other experts or persons to examine and report upon projects as proposed in applications for licenses, or the structures thereof, or upon plans submitted after the issuance of licenses covering additional details or succeeding stages of construction.

Code 1950, § 62-89; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-101. Licenses not affected by alteration, amendment or repeal of chapter.
No alteration, amendment or repeal of this chapter shall, without the consent of the licensee, affect any license granted under the provisions of this chapter, nor shall it affect the provisions, terms and conditions of such license nor the rights of the licensee thereunder.

Code 1950, § 62-92; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-102. Alteration or amendment of license.
The provisions, terms, and conditions of any license may be altered or amended at any time by mutual consent of the licensee and the Commission, to the extent such alteration or amendment is not in conflict with the then existing law of the Commonwealth.

Code 1950, § 62-93; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-103. Jurisdiction of United States.
Nothing contained in this chapter shall be so construed as to interfere with the exercise of lawful jurisdiction of the government of the United States, or its duly constituted agencies, over the waters of the Commonwealth as herein defined.

Code 1950, § 62-94; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-80. Declaration of public policy.
In order to conserve and utilize the otherwise wasted energy from the water powers in this Commonwealth, it is hereby declared to be the policy of the Commonwealth to encourage the utilization of the water resources in the Commonwealth to the greatest practicable extent and to control the waters of the Commonwealth, as herein defined, and also the construction or reconstruction of a dam in any rivers or streams within the Commonwealth for the generation of hydroelectric energy for use or sale in public service, all as hereinafter provided.

Code 1950, § 62-68; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-80.1. Applicability of chapter.
The provisions of this chapter shall apply only to public utilities as defined in § 56-232.

1981, c. 557.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-81. "Waters of the Commonwealth" defined.
The term "waters of the Commonwealth" as used in this chapter shall mean: (a) Any stream or that portion of any stream in this Commonwealth which prior to June 21, 1932, has been declared navigable by any unrepealed statute of this Commonwealth, or (b) any stream or that portion of any stream in this Commonwealth, the bed of which is owned by the Commonwealth, or (c) those parts of streams or other bodies of water in this Commonwealth which either in their natural or improved condition, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids, compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows or rapids, and also any stream or part thereof in this Commonwealth other than those above mentioned in this subdivision in which the construction of any dam or works as authorized by this chapter would affect the interests of interstate or foreign commerce, or (d) that portion of any river or stream flowing between the high-water mark on the Virginia shore and the low-water mark when such low-water mark constitutes the boundary line between Virginia and another state.

Code 1950, § 62-69; 1956, c. 229; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-82. Control and regulation by State Corporation Commission; existing rights of riparian owners.
The control and regulation on the part of the Commonwealth of the development of the waters of the Commonwealth shall be paramount, and shall be exercised through the agency of the State Corporation Commission, sometimes in this chapter referred to as the Commission; provided, however, nothing contained in this chapter shall deprive any riparian owner of any right which he may have, under existing law, except by due and further process of law upon the exercise of eminent domain and upon the payment of just compensation for any such right.

Code 1950, § 62-70; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-83. Dams across waters of Commonwealth.
No person, firm, association or corporation, private or municipal, proposing to construct or reconstruct any dam across or in the waters of the Commonwealth, as defined in § 62.1-81, or a dam in any rivers or streams within the Commonwealth when such dam is for the purpose of generating hydroelectric energy for use or sale in public service, shall begin the construction or reconstruction of any such dam unless and until the provisions of this chapter shall have been complied with, and every such dam shall in every respect be subject to the provision of this chapter and such other general laws of the Commonwealth as may be applicable thereto. Nor shall any dam constructed or reconstructed after July 1, 1932, in any waters, rivers or streams within the Commonwealth, without a license under this chapter, be utilized at any time for the purpose of generating hydroelectric energy for use or sale, directly or indirectly, in public service, unless and until licensed or permitted so to do by order of the State Corporation Commission, after hearing, and finding that the public interest will be thereby promoted or will not be detrimentally affected.

Code 1950, § 62-71; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-84. What "dam" includes.
The word "dam" as used in this chapter is intended to include the appurtenant pondage area or any part thereof.

Code 1950, § 62-72; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-85. License required to construct dam; application.
The construction or reconstruction of any such dam as is mentioned in § 62.1-83 shall not be begun until the person, firm, association, corporation, private or municipal, or public utility as defined in § 56-232 proposing to construct or reconstruct the same shall first obtain a license so to do from the State Corporation Commission. The application for such license shall be filed with the Commission and in it all the essential facts shall be stated to enable the Commission to pass upon its merits. A copy of such application shall also be filed by the applicant with the Executive Director of the State Water Control Board within ten days after filing such application with the State Corporation Commission. Each application for license shall be accompanied by such maps, plans and other information as may be necessary to give a clear and full understanding of the proposed scheme of development, and of dams, generating stations or other major structures, if any, involved therein.

Code 1950, § 62-73; 1968, c. 659; 1982, c. 183.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-86. Notice of hearing on application.
As soon as practicable after the filing with the State Corporation Commission of any application for a license under the provisions of this chapter, the Commission shall set a day for a public hearing upon such application, and the applicant shall give notice to the public of the application, in form to be prescribed or approved by the Commission, by publication once in each week for four successive weeks prior to such hearing in a newspaper or newspapers of general circulation published in the city or county wherein the proposed construction, or the greater part thereof, is to be made and any adjoining or connecting county or city affected and every other county downstream from such development through which the stream runs to its mouth, if there be such newspaper, and, if there be no such newspaper, then by publishing the same in a newspaper of general circulation in such county or counties or cities affected. In such notice the date fixed by the Commission for the public hearing on the application shall be stated.

Code 1950, § 62-74; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-87. Proceedings at hearing.
At such public hearing the applicant and any other interested person, firm, association or corporation shall be given an opportunity to present facts, evidence and argument for and against the granting of the application.

Code 1950, § 62-75; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-88. Determination and investigation by Commission.
Before acting upon any application, the Commission shall weigh all the respective advantages and disadvantages from the standpoint of the Commonwealth as a whole and the people thereof and shall make such investigation as may be appropriate as to the effect of the proposed construction upon any cities, towns and counties and upon the prospective development of other natural resources and the property of others.

Code 1950, § 62-76; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-89. When license granted.
If the Commission shall be of the opinion from all the evidence before it that, in pursuance of the herein expressed policy of the Commonwealth to encourage water-power development, the plans of the applicant provide for the greatest practicable extent of utilization of the waters of the Commonwealth for which the application is made and that the applicant is financially able to construct and operate the proposed dam and works and that the general public interest will be promoted thereby, it shall grant the license to construct and operate the proposed dam and works.

Code 1950, § 62-77; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-90. Rejection of application; requiring applicant to modify plans.
If the Commission be of the opinion, from the evidence before it, that the prospective scheme of development is inadequate or wasteful or that the applicant is financially unable to construct and operate the proposed dam and works, or that it is prejudicial to the public interest, the Commission may require the applicant to modify the plans for the development in such manner as may be specified by the Commission or the Commission may reject the application.

Code 1950, § 62-78; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-91. Terms and conditions of license; preventing obstruction of navigation or flow; dams across navigable waters of United States.
In granting any license the Commission may include in the grant thereof such terms and conditions with respect to the character of construction, operation and maintenance of the proposed dam and works as may be reasonably necessary in the opinion of the Commission in the interest of public safety; and in granting every such license the Commission shall determine what provision, if any, shall be made by the licensee to prevent the unreasonable obstruction of then existing navigation or any unreasonable interference with stream flow. In the case of a dam located across any navigable waters of the United States, the owner shall make such provision for navigation as is required by the Secretary of the Army of the United States.

Code 1950, § 62-79; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-92. Priority of location or appropriation; notice to owners of existing developments.
No priority of location or appropriation shall be recognized by the Commission in its consideration of any application for a license, under this chapter, except that in case of an application for a license for any reconstruction or enlargement of any existing development, the owner of such development shall be entitled to priority over any other applicant for a license for the construction of a development which would materially affect such existing development, and every such applicant for a license under this chapter shall give notice of his application within ten days after filing of the same with the State Corporation Commission to every other person, firm, association or corporation owning any other development which might be affected thereby, whose application for a license under this chapter would be entitled to priority if such application were filed. In case of conflict between two or more applicants, the Commission may grant the license to such applicant as it may deem best in the light of the considerations herein specified.

Code 1950, § 62-81; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-93. Time limits on construction of proposed dam and works.
With respect to any license which may be granted, the Commission shall prescribe a time limit of not more than two years after the granting of such license for the commencement of the construction of the proposed dam and works of the applicant and of not more than five years after the granting of such license for the completion of such dam and works, either or both of which initial time limits may be extended for good cause from time to time in the discretion of the Commission.

Code 1950, § 62-82; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-94. Duration of licenses; acquisition of developments by Commonwealth.
All licenses granted under the provisions of this chapter shall remain in effect for a period of fifty years from and after the date of granting thereof. From and after the expiration of such terms of fifty years the licensee, its successors and assigns, shall hold the property and rights acquired under the authority of this chapter under an indeterminate license, which shall continue until such property and rights have been purchased by the Commonwealth, or until the same have been acquired by the Commonwealth by due process of law; provided that the right of the Commonwealth to take over, maintain and operate any development licensed under this chapter at any time by condemnation proceedings, upon payment of just compensation, is hereby expressly reserved.

Code 1950, § 62-83; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-95. Value of license not to be estimated in valuation for rate making, etc.; intangible water-power value.
In any valuation, for the purpose of rate making or for the purpose of acquisition by the Commonwealth by condemnation or by purchase as above provided for, or the property included in any development licensed under this chapter, there shall not be claimed by the licensee or allowed by the State Corporation Commission any value for the license granted by the Commonwealth for such development, or for the right of the licensee to utilize the natural resources owned by the Commonwealth and used by the licensee in connection with the construction, maintenance and operation of such development, nor shall there be claimed or allowed any appreciation on the intangible water-power value in excess of the fair intangible water-power value at the time of the granting of the license for the construction of such development, such intangible water-power value being distinguished from the value of land or an interest in land, or the right to flood or damage or otherwise utilize land, or to interfere with or to divert water, or to otherwise damage a riparian owner or owners of other real estate. The provisions contained in this section are hereby made an express condition of every license granted hereunder and to the exercise by the licensee of the right of eminent domain in this chapter conferred.

Code 1950, § 62-84; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-96. Transfer or assignment of license.
No voluntary transfer or assignment of any license granted under this chapter shall be made to any transferee or assignee unless he be financially able to carry out the project or development, nor shall any such voluntary transfer or assignment be valid or of any effect whatsoever unless the same shall be in writing and a copy thereof be filed with, and approved by, the Commission, provided that any mortgage or trust deed, or foreclosure under any mortgage or deed of trust, or any judicial or tax sale, merger or consolidation, or any sale of the greater part of the property of the licensee in the Commonwealth, shall not be deemed a voluntary transfer within the meaning of this chapter. Any successor or assignee of the rights of the licensee, whether by voluntary transfer, judicial sale, foreclosure sale or otherwise, shall be subject to all of the obligations, liabilities and conditions incident to such license to the same extent as though such successor or assignee were the original licensee.

Code 1950, § 62-85; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-97. Proceedings on violation of terms of license or of provisions of chapter or regulations.
In event of violation by the licensee of any of the terms of a license, or for the purpose of remedying by injunction, mandamus or other process any act of commission or omission by the licensee in violation of any of the provisions of this chapter, or of any lawful regulation or order promulgated in pursuance thereof, the Attorney General of this Commonwealth shall, upon request of the Commission, institute proceedings in the Circuit Court of the City of Richmond in the name of the Commonwealth at the relation of the Commission for the purpose of compelling the licensee to comply with the provisions of the license or of this chapter, or for the purpose of revoking the right of the licensee to proceed further under the license, or similarly as to a specified portion or portions of the development which is under license. The court shall have jurisdiction over all of the above-mentioned proceedings and shall be empowered to issue and execute all necessary process and to make and enforce all writs, orders and decrees to compel compliance with the lawful orders and regulations of the Commission and to compel the performance of any condition imposed under the provisions of this chapter. If a decree is entered by the court revoking the right of the licensee to proceed further with the development under license, or similarly with respect to a specified portion or portions of the development under license, the court is empowered to sell at public sale to the highest responsible bidder the property and rights of the licensee used or useful in connection with such development or such specified portion thereof, to distribute the proceeds to the parties entitled thereto and to make and enforce such further or other orders and decrees as equity and justice may require. At such sale or sales the vendee shall succeed to the rights and privileges of the licensee with respect to such development or such specified portion thereof and shall perform all the duties of the licensee under the license and assume all such outstanding obligations and liabilities of the licensee as the court may deem equitable in the premises.

Code 1950, § 62-86; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 7 (WATER-POWER DEVELOPMENT, CONSERVATION OF HYDROELECTRIC POWER DAMS AND WORKS)
§ 62.1-99. Water-power developments constructed or acquired prior to certain date.
Section 12 of Chapter 424 of the Acts of 1928, approved March 24, 1928, as amended by Chapter 346 of the Acts of 1932, approved March 26, 1932, codified as § 3581 (13) of Michie Code 1942 and as § 62-88 of the Code of Virginia of 1950, relating to water-power developments constructed or acquired prior to January 1, 1928, and being utilized on that date or within two years prior thereto, or upon which, between January 1, 1923, and June 17, 1928, not less than $50,000 had been expended, is continued in effect.

Code 1950, § 62-88; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-104. Definitions.
(1) Except as modified below, the definitions contained in Title 1 shall apply in this chapter.

(2) "Board" means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, "Board" means the Department of Environmental Quality.

(3) "Impounding structure" means a man-made device, whether a dam across a watercourse or other structure outside a watercourse, used or to be used for the authorized storage of flood waters for subsequent beneficial use.

(4) "Watercourse" means a natural channel having a well-defined bed and banks and in which water flows when it normally does flow. For the purposes hereof they shall be limited to rivers, creeks, streams, branches, and other watercourses which are nonnavigable in fact and which are wholly within the jurisdiction of the Commonwealth.

(5) "Riparian land" is land which is contiguous to and touches a watercourse. It does not include land outside the watershed of the watercourse. Real property under common ownership and which is not separated from riparian land by land of any other ownership shall likewise be deemed riparian land, notwithstanding that such real property is divided into tracts and parcels which may not bound upon the watercourse.

(6) "Riparian owner" is an owner of riparian land.

(7) "Average flow" means the average discharge of a stream at a particular point and normally is expressed in cubic feet per second. It may be determined from actual measurements or computed from the most accurate information available.

(8) "Diffused surface waters" are those which, resulting from precipitation, flow down across the surface of the land until they reach a watercourse, after which they become parts of streams.

(9) "Floodwaters" means water in a stream which is over and above the average flow.

(10) "Court" means the circuit court of the county or city in which an impoundment is located or proposed to be located.

Code 1950, § 62-94.1; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977, c. 26; 2022, c. 356.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-104.1. Repealed.
Repealed by Acts 1982, c. 583.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-105. Impoundment of diffused surface waters.
Diffused surface waters may be captured and impounded by the owner of the land on which they are present and, when so impounded, become the property of that owner. Such impoundment shall not cause damage to others; however, the owner of land on which an impounding structure as defined in § 10.1-604 is to be located shall comply with the rules and regulations of the State Water Control Board.

Code 1950, § 62-94.2; 1956, c. 632; 1968, c. 659; 1976, c. 710; 1982, c. 583.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-106. When floodwaters may be captured and stored by riparian owners.
Water in watercourses which is over and above the average flow of the stream may, upon approval, be captured and stored by riparian owners for their later use under the following conditions:

(1) As a result of the capture and storage of such waters, there will be no damage to others.

(2) The title to the land on which the impounding structure and the impounded water will rest are in the person or persons requesting the authority.

(3) All costs incident to such impoundment, including devices above and below for indicating average flow, will be borne by the person or persons requesting the authority.

(4) For impoundments with a capacity of more than fifty acre-feet of storage all construction is approved by a licensed professional engineer. For those with capacities of fifty acre-feet, or less, of storage all construction will be approved by a licensed professional engineer or by some other competent person.

(5) Those requesting the authority will insure that the flow below the impoundment is equal to:

(a) At least the average flow when the flow immediately above the impounding structure is greater than the average flow, or

(b) At least the flow immediately above the impounding structure when that flow is equal to or less than the average flow.

(6) If needed, provision will be made in the impounding structure for an adequate spillway and for means of releasing water to maintain the required flow downstream.

(7) If for the purposes of irrigation, the quantity of water stored (exclusive of foreseeable losses) will not exceed that required for a period of twelve months to irrigate the cleared acreage owned by those participating in the undertaking and lying in the watershed of the stream from which the water is taken.

(8) All structures and equipment incident to such impoundment will be maintained in safe and serviceable condition by the owners and all parts thereof in a watercourse will be removed when no longer required for the purpose.

(9) Priority to the right to store floodwaters, as outlined, will go to upstream riparian owners.

(10) Those impounding floodwaters will, upon request, provide appropriate information concerning the impoundment to the State Water Control Board.

(11) The plans for an impounding structure as defined in § 10.1-604 have the approval of the State Water Control Board and conform to the rules and regulations promulgated by the Board.

Code 1950, § 62-94.3; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1976, c. 710; 1977, c. 26; 1982, c. 583.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-107. Application for leave to store floodwaters; notice to interested persons and to State Water Control Board.
Any riparian owner, or riparian owners, desiring to store floodwaters under the conditions specified in § 62.1-106 may apply for leave so to do to the circuit court of the county or city wherein the impounding structure is proposed to be built. Such application shall be made by petition filed in the clerk's office of the court. It shall set forth the name and address of the riparian owner, or owners, the purpose of the proposed impoundment, the desired storage capacity and the basis on which determined, the stream and the point on it from which floodwaters are proposed to be taken, the estimated 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 riparian property which he or they own and on which is shown the site of the impounding structure and the area to be flooded by the impounded water. The plat or sketch shall include data sufficient to permit the location of the property on the official highway map of the county or a map of the city or town where appropriate. It shall also be accompanied by a plan of the proposed impounding structure on which appears the approval of the plan by a registered civil engineer or registered agricultural engineer, (or other competent person for storage capacities of fifty acre-feet or less) and agreement thereto by the riparian owner. All interested persons shall be given 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 the plat and a copy of the plan, shall be sent by registered mail to the State Water Control Board.

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

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-108. Time and place of hearing on petition; parties.
Upon the filing of any such petition, the court or judge thereof in vacation shall set a time and place for hearing the same, which time and place shall be set forth in the order of publication. Any person affected may appear and be made a party to such proceeding by leave of court.

Code 1950, § 62-94.5; 1956, c. 632; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-109. Board to examine petition and report to court.
Upon receipt of a copy of any such petition the Board shall examine the same and report thereon to the court upon the following matters:

(1) The average flow of the stream at the point from which water for storage will be taken.

(2) Whether the proposed project conflicts with any other proposed or likely developments on the watershed.

(3) The effect of the proposed impoundment on pollution abatement to be evidenced by a certified statement together with such other relevant comments as the Board desires to make.

(4) Any other relevant matters which the Board desires to place before the court.

Code 1950, § 62-94.6; 1956, c. 632; 1968, c. 659; 1977, c. 26.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-110. Court to hear and determine issues; reference to commissioner.
The court, on the day specified in the order of publication, shall hear and determine the issues in the proceeding based on the report and other evidence. In its discretion the court may refer any matter to a commissioner in chancery to take such evidence as may be proper and to make a report to the court.

Code 1950, § 62-94.7; 1956, c. 632; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-111. When leave not granted; terms and conditions; appeals.
If, on the report and other evidence, it appears to the court that by granting such leave other riparian owners will be injured, or there are other justifiable reasons for denying the petition, the leave shall not be granted; provided that in no case shall leave be granted if the certified statement from the State Water Control Board filed under § 62.1-109 shows that, in the opinion of such Board, the reduction of pollution will be impaired or made more difficult. If it be granted, the court shall place the applicant under such terms and conditions as shall seem to it right. An appeal shall lie to the Court of Appeals.

Code 1950, § 62-94.8; 1956, c. 632; 1968, c. 659; 1977, c. 26; 1996, c. 573.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-112. When leave shall expire.
If the applicant shall not begin his work within two years, and so far finish it within three years after such leave, as then to have his impounding structure in good condition for use; or if such impounding structure be at any time destroyed or rendered unfit for use and the rebuilding or repair thereof shall not within two years from the time of such destruction or unfitness, be commenced, and within five years from that time be so far finished as then to be in good condition for use, the leave so granted shall then expire.

Code 1950, § 62-94.9; 1956, c. 632; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-113. Use of bed of watercourse.
The Commonwealth hereby gives its consent to the use of the bed of any watercourse to which it has title for the construction of any impounding structure under the provisions of this chapter. No right to construct an impounding structure resting upon the bed of any other watercourse shall lie unless the owner or owners seeking to construct the same has title to the bed of such watercourse.

Code 1950, § 62-94.10; 1956, c. 632; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-114. Exceptions to application of chapter.
The provisions of this chapter shall not apply to any construction which should be undertaken under Chapter 7 (§ 62.1-80 et seq.) or 9 (§ 62.1-116 et seq.) of this title nor shall it apply in any case in which the consent of the federal government or of any agency or instrumentality thereof is required.

Code 1950, § 62-94.11; 1956, c. 632; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8 (IMPOUNDMENT OF SURFACE WATERS)
§ 62.1-115. Use of waters stored.
Any owner constructing an impounding structure under the provisions of this chapter shall have the sole and unrestricted use of the floodwaters thus stored for the purpose for which the storage was authorized.

Code 1950, § 62-94.12; 1956, c. 632; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 8.1 (DAM SAFETY ACT [Repealed])
§ 62.1-115.1. Repealed.
Repealed by Acts 1988, c. 891.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 9 (MILLS, DAMS AND CERTAIN OTHER WORKS ON WATERCOURSES)
§ 62.1-116. Application for leave to build or raise dam across or in watercourse, cut canal, etc.
A person having upon lands owned by him on a watercourse, or proposing to build on such lands, a water mill, or other machine, manufactory, or engine, useful to the public, and desiring leave to erect a dam across, or in such watercourse (whether he own the lands on either side of the watercourse at the point where such dam is to be erected or not), or to cut or enlarge a canal through lands above or below, or to raise a dam which may have been erected under an order of court, or the owner of any such water mill, machine, manufactory, or engine, located on a watercourse, having the right to the use of such watercourse for the operation of his mill, machine, manufactory, or engine, and desiring leave to construct a work on or through the lands of another for the purpose of confining the watercourse within its customary channel or restoring it thereto where it has been diverted therefrom not more than three years by floods or other natural causes, may apply for such leave to the circuit court of the county wherein such mill, machine, manufactory, or engine stands, or is proposed to be built.

Code 1950, § 62-95; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 9 (MILLS, DAMS AND CERTAIN OTHER WORKS ON WATERCOURSES)
§ 62.1-117. Notice required.
Of such application ten days' previous notice shall be given in the manner prescribed in Article 2 (§ 25.1-205 et seq.) of Chapter 2 of Title 25.1 to each tenant, or the guardian, conservator or committee of the tenant, of the freehold of any lands not owned by the applicant, upon which it is desired to abut a dam, or through which it is desired to cut or enlarge a canal, or construct the work aforesaid.

Code 1950, § 62-96; 1968, c. 659; 1997, c. 801.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 9 (MILLS, DAMS AND CERTAIN OTHER WORKS ON WATERCOURSES)
§ 62.1-118. Appointment of commissioners; time of meeting.
On proof of the notice, the court shall, by its order, appoint five disinterested freeholders of such county, as commissioners (any three of whom may act), whose duty it shall be to meet on a certain day to be specified in the order, at the lands on which the mill, machine, manufactory or engine stands, or is proposed to be built, or the work aforesaid is proposed to be constructed, or if they fail to meet on that day, on such subsequent day as they may designate, notice of which shall be given to the parties interested in the manner prescribed by § 62.1-117; and after they have met, they may adjourn from day to day until their business is completed.

Code 1950, § 62-97; 1968, c. 659.