dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.101. Repealed.
Repealed by Acts 1986, c. 401.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.101:1. Repealed.
Repealed by Acts 1992, c. 812.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.106. Repealed.
Repealed by Acts 1986, c. 615.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.107. Repealed.
Repealed by Acts 1992, c. 812.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.83. Repealed.
Repealed by Acts 1992, c. 812.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.88. Repealed.
Repealed by Acts 1984, c. 734.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.4 (THE GROUNDWATER ACT OF 1973 [Repealed])
§ 62.1-44.89. Repealed.
Repealed by Acts 1992, c. 812.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.5 (FLOOD DAMAGE REDUCTION ACT [Repealed])
§ 62.1-44.108. Repealed.
Repealed by Acts 1988, c. 891.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.6 (POTOMAC RIVER RIPARIAN RIGHTS ACT)
§ 62.1-44.113. Short title.
This chapter shall be known as the "Potomac River Riparian Rights Act."

1979, c. 307.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.6 (POTOMAC RIVER RIPARIAN RIGHTS ACT)
§ 62.1-44.114. Use of Potomac River; riparian rights.
The Commonwealth and its citizens shall have the right to such use of the Potomac River as may be necessary to the full enjoyment of their riparian ownership as provided at common law and in the Compact of 1785 with Maryland, and confirmed by the Black-Jenkins Determination of 1877 and Article VII, § 1 of § 28.2-1001, cited as the Potomac River Compact of 1958.

1979, c. 307; 2005, c. 839.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.6 (POTOMAC RIVER RIPARIAN RIGHTS ACT)
§ 62.1-44.115. Review of uses by Water Control Board; report.
The State Water Control Board shall annually review the uses and development of the waters of the Potomac River, and make such report thereon as it deems advisable to the Governor and to the General Assembly, together with such recommendations as the Board feels are necessary for the protection and full enjoyment of Virginia's riparian rights in such river.

1979, c. 307.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.6 (POTOMAC RIVER RIPARIAN RIGHTS ACT)
§ 62.1-44.116. Assistance by Board in riparian disputes.
In the event non-Virginia claimants question or seek to abridge the riparian use of the waters of the Potomac River by Virginia riparian owners, the State Water Control Board shall advise and assist such riparian owners in the proper exercise and protection of their rights, giving due consideration to the rights of others and to the wise use of the water, and the Board shall assist in the resolution of conflicts concerning such rights.

1979, c. 307.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.7 (Chesapeake Bay and Virginia Waters Clean-Up and Oversight Act)
§ 62.1-44.118. Status reports on progress; legislative oversight.
The Secretary of Natural and Historic Resources shall submit the impaired waters clean-up plan as described in § 62.1-44.117 no later than January 1, 2007, to the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance and Appropriations. Thereafter, a progress report on the implementation of the plan shall be submitted annually to these committees of oversight. The report shall be due on November 1 of each year. Water quality reporting requirements in subsection D of § 10.1-2127, subsection C of § 10.1-2128.1, and § 10.1-2134 shall be annually consolidated in the November 1 report. If there are questions as to the status of the clean-up effort, the chairman of any of these committees may convene his committee for the purpose of receiving testimony. The executive branch departments and the Secretary of Natural and Historic Resources may request a meeting of any of the committees to inform them as to the progress of the clean-up or to propose specific initiatives that may require legislative action.

2006, c. 204; 2007, c. 637; 2011, c. 245; 2016, c. 127; 2021, Sp. Sess. I, c. 401.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.119. (For contingent effective date, see § 62.1-44.119:1) Target date.
In recognition of the ecological, cultural, economic, historical, and recreational value of the Chesapeake Bay, as well as the Commonwealth's commitment to the Chesapeake Bay Partnership and the 2014 Chesapeake Bay Agreement, the target date to achieve the water quality goals contained in Virginia's final Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan shall be December 31, 2025.

2020, cc. 1185, 1186.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.119:1. Effective date.
A. The provisions of this chapter shall not become effective unless, on or after July 1, 2028, the Secretary of Agriculture and Forestry and the Secretary of Natural and Historic Resources jointly determine that the Commonwealth's commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan have not been satisfied by a combination of (i) agricultural best management conservation practices, including the coverage of a sufficient portion of Chesapeake Bay cropland by nutrient management plans or the installation of a sufficient number of livestock stream exclusion practices, and (ii) other point or nonpoint source pollution reduction commitments.

B. In making the determination required in subsection A, the effective date of the provisions of this chapter shall be extended for a period of one calendar year for each calendar year that the Commonwealth has not fully funded the amount calculated pursuant to § 10.1-2128.1 for effective Soil and Water Conservation District technical assistance and implementation of agricultural best management practices pursuant to § 10.1-546.1 from July 1, 2023, through the end of the biennial period in which the Secretary of Agriculture and Forestry and the Secretary of Natural and Historic Resources have made the joint determination required in subsection A. Nothing in this subsection shall prohibit adding funding to the Virginia Natural Resources Commitment Fund as established in § 10.1-2128.1 in any year from July 1, 2023, to the year the joint determination is made pursuant to subsection A for distribution in another program year in order to achieve full funding.

C. In no case shall the effective date of the provisions of this chapter be extended beyond July 1, 2030, unless sufficient funding for effective Soil and Water Conservation District technical assistance and implementation of agricultural best management practices has not been provided pursuant to § 10.1-2128.1 in any calendar year.

2020, cc. 1185, 1186; 2021, Sp. Sess. I, c. 401; 2023, cc. 735, 736.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.119:2. Agricultural commitments; work group.
The Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry shall convene a stakeholder advisory group, hereinafter referred to as the Group, to review annual progress and make recommendations toward the implementation of the Commonwealth's agricultural commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan. The Group shall develop (i) a process to assist any operator of 50 or more acres of Chesapeake Bay cropland in developing a nutrient management plan that meets the requirements of the goals to be achieved by the target date and (ii) a plan for the stream exclusion program in the Chesapeake Bay watershed. Such plans and progress reports shall include the number of practices completed by river basin in the prior program year and practices needed to complete the agriculture sector nutrient load reductions, including sediment reductions by river basin, identification of priority regions, the number of operators affected within each region, initiatives to enhance progress, an accounting of funding received toward the agricultural commitments, shortfalls remaining, and the consequences of such funding shortfalls. Such progress reports shall also include specific percentages relating to nutrient management plan and stream exclusion adoption compared to the requirements of the Phase III Watershed Implementation Plan.

2023, cc. 735, 736.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.119:3. Virginia Natural Resources Commitment Fund reporting requirements.
Each soil and water conservation district shall report to the Department of Conservation and Recreation recommendations for improving the disbursement of funding and for program efficiencies that would expedite disbursal of funds provided through the Virginia Natural Resources Commitment Fund established under § 10.1-2128.1.

2023, cc. 735, 736.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.119:4. Regulatory format on agricultural practices before effective date.
Notwithstanding the provisions of this chapter, no regulatory action pursuant to §§ 62.1-44.121 and 62.1-44.123 shall be imposed on agricultural practices prior to July 1, 2028, provided that reasonable progress is being achieved and a detailed plan to include full funding, as provided under subsection C of § 10.1-2128.1, for reaching the needed number of voluntary incentivized practices has been developed.

2023, cc. 735, 736.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.120. (For contingent effective date, see § 62.1-44.119:1) Definitions.
As used in this article, unless the context requires a different meaning:

"Chesapeake Bay cropland" means cropland in the Commonwealth located in the Chesapeake Bay watershed on which fertilizer, manure, sewage sludge, or another compound containing nitrogen or phosphorous is applied. "Chesapeake Bay cropland" does not include lands on which bovines are pastured.

"Department" means the Department of Conservation and Recreation.

"Nutrient management plan" means a plan prepared by a certified nutrient management planner pursuant to § 10.1-104.2 and regulations adopted thereunder.

"Operator" means any person who exercises managerial control over Chesapeake Bay cropland.

2020, cc. 1185, 1186.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.121. (For contingent effective date, see § 62.1-44.119:1) Chesapeake Bay cropland; nutrient management plans.
A. Any operator of 50 or more acres of Chesapeake Bay cropland shall maintain and implement an approved nutrient management plan.

B. The Department shall review any nutrient management plan submitted pursuant to subsection A within 30 days of submission and shall determine whether such nutrient management plan was prepared by a certified nutrient management planner. If the Department determines that such plan was prepared by a certified nutrient management planner, the Department shall approve such plan. An approved nutrient management plan shall be revised and resubmitted for approval to the Department every five years thereafter. If the Department determines that such nutrient management plan was not prepared by a certified nutrient management planner, the Department shall provide to the person who is required to submit the nutrient management plan a list of items required to be corrected, and such person shall have 30 days to resubmit the plan.

C. Any nutrient management plan required pursuant to subsection A shall be made available to the Department upon request.

D. Any information collected by the Department pursuant to subsection B or C is excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2020, cc. 1185, 1186.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.122. (For contingent effective date, see § 62.1-44.119:1) Definitions.
As used in this article, unless the context requires a different meaning:

"Department" means the Department of Conservation and Recreation.

"Perennial stream" means a body of water depicted as perennial on the most recent U.S. Geological Survey 7-1/2-minute topographic quadrangle map (scale 1:24,000) or identified by a method, established in guidelines approved by the Department, that does not require field verification.

"Stream exclusion practice" means protection of a body of water by fencing, including temporary fencing, or another physical means sufficient to exclude livestock from such body of water. A stream exclusion practice may include designated livestock stream crossings that satisfy criteria established in guidelines adopted by the Department.

2020, cc. 1185, 1186.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.8 (Chesapeake Bay Watershed Implementation Plan Initiatives)
§ 62.1-44.123. (For contingent effective date, see § 62.1-44.119:1) Bovine livestock stream exclusion.
Any person who owns property in the Chesapeake Bay watershed on which 20 or more bovines are pastured shall install and maintain stream exclusion practices sufficient to exclude all such bovines from any perennial stream in the watershed.

2020, cc. 1185, 1186.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 4 (PUBLIC WATER SUPPLY [Repealed])
§ 62.1-45. Repealed.
Repealed by Acts 1979, c. 711.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5 (POTOMAC RIVER BASIN COMMISSION)
§ 62.1-69. Duties of Commission; powers and duties of Water Control Board not affected; dams or structures for production of electric power.
The Potomac River Basin Commission of Virginia shall, if and when it shall come into existence as hereinabove provided, act jointly with commissions appointed for a like purpose by the states of West Virginia and Maryland, the Commonwealth of Pennsylvania and the District of Columbia, or by such of the same as shall enter into the compact and with an additional three members to be appointed by the President of the United States, as a unit of the Interstate Commission on the Potomac River Basin which shall be constituted as provided by the compact hereinabove mentioned. The Potomac River Basin Commission of Virginia shall perform such further duties as shall be provided by the compact.

No provision of this chapter or application thereof shall operate to repeal, limit, affect or impair any provision or application of Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1; and no provision of this chapter shall have any effect upon the powers and duties of the State Water Control Board created by Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 and the operation of such Board over the waters of the Commonwealth subject to its jurisdiction. Members of the Potomac River Basin Commission of Virginia are prohibited from voting in favor of any measure before the Interstate Potomac River Basin Commission which might have any effect upon the powers and duties of the State Water Control Board without the consent of such Board first had and obtained. Members of the Potomac River Basin Commission of Virginia are prohibited from voting in favor of the construction, with public funds, of any dam or other structure upon the Potomac River or its tributaries in Virginia, which dam or other structure is used or is capable of being used, directly or indirectly, in whole or in part and whether as a single or multiple purpose, for the production by any government or any agency or instrumentality thereof, of electric power and energy.

Code 1950, § 62-67; 1968, cc. 542, 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.1 (POTOMAC RIVER BASIN COMPACT [Repealed])
§ 62.1-69.1. Repealed.
Repealed by Acts 1990, c. 179.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.2 (CHESAPEAKE BAY COMMISSION)
§ 62.1-69.5. Repealed.
Repealed by Acts 2004, c. 1000.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.25. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Rappahannock River Basin" means that land area designated as the Rappahannock River Basin by the State Water Control Board pursuant to § 62.1-44.38 and which is also found in the Twenty-fifth, Twenty-seventh, Twenty-eighth, and Thirty-first Senatorial Districts or the Thirtieth, Sixty-first, Sixty-second, Sixty-third, Sixty-fourth, Sixty-fifth, Sixty-sixth, Sixty-seventh, and Sixty-eighth House of Delegates Districts, as those districts exist on January 1, 2024.

1998, c. 553; 2000, cc. 386, 456; 2002, cc. 496, 523; 2013, c. 173; 2023, c. 98.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.26. Rappahannock River Basin Commission; establishment.
The Rappahannock River Basin Commission, hereinafter referred to as the "Commission," is hereby created as an independent local entity without political subdivision status, and shall be established upon passage by two-thirds of the Rappahannock River Basin's localities of a resolution that commits them to participate in the Commission as described in this chapter. The resolution shall contain the following language:

"The (jurisdiction's governing body) does hereby agree to become a member of and participate in the Rappahannock River Basin Commission as described in Chapter 553 of the Acts of Assembly of 1998."

1998, c. 553; 2000, cc. 386, 456; 2004, c. 471.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.27. Commission purposes and mission.
The Commission's purposes and mission shall be to provide guidance for the stewardship and enhancement of the water quality and natural resources of the Rappahannock River Basin. The Commission shall be a forum in which local governments and citizens can discuss issues affecting the Basin's water quality and quantity and other natural resources. Through promoting communication, coordination and education, and by suggesting appropriate solutions to identified problems, the Commission shall promote activities by local, state and federal governments, and by individuals, that foster resource stewardship for the environmental and economic health of the Basin.

1998, c. 553; 2000, cc. 386, 456.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.28. Rappahannock River Basin Commission powers.
A. The Commission shall have no regulatory authority.

B. To carry out its purposes and mission, the Commission shall have the power to:

1. Communicate, including through legislative recommendations, Commission views to local, state and federal legislative and administrative bodies, and to others as it deems necessary and appropriate.

2. Undertake studies and prepare, publish and disseminate information in reports and in other forms related to the water quality and natural resources of the Basin and to further its purposes and mission.

3. Enter into contracts and execute all instruments necessary or appropriate.

4. Perform any lawful acts necessary or appropriate.

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

6. 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.

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

8. Develop rules and procedures for the conduct of its business or necessary to carry out its purposes and mission, including, but not limited to, selecting a chair and vice-chairs, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote by a majority of the Commission members.

1998, c. 553; 2000, cc. 386, 456.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.29. Membership; terms; vacancies.
The membership of the Commission shall consist of 30 members, which includes 13 legislative members and 17 nonlegislative citizen members, to be appointed as follows: nine members of the House of Delegates, one member each of the Thirtieth, Sixty-first, Sixty-second, Sixty-third, Sixty-fourth, Sixty-fifth, Sixty-sixth, Sixty-seventh, and Sixty-eighth House of Delegates Districts, as those districts exist on January 1, 2024; four members of the Senate, one member each of the Twenty-fifth, Twenty-seventh, Twenty-eighth, and Thirty-first Senatorial Districts, as those districts exist on January 1, 2024; one member or designee of each of the 16 governing bodies of the jurisdictions in which not less than two percent of the jurisdiction is found wholly or partially within the Rappahannock River Basin, that at any time pass a resolution containing the language required by § 62.1-69.26, to be appointed by the respective local governing body; and one member or designee of a Soil and Water Conservation District found wholly or partially within the Rappahannock River Basin, to be appointed jointly by the Soil and Water Conservation Districts found wholly or partially within the Rappahannock River Basin. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth of Virginia.

All members of the Commission shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. Vacancies shall be filled in the same manner as the original appointments.

For the purposes of this section, "nonlegislative citizen member" means a member of one of the local governing bodies or the Soil and Water Conservation Districts of the jurisdictions found wholly or partially within the Rappahannock River Basin.

1998, c. 553; 2000, cc. 386, 456; 2004, c. 471; 2009, c. 601; 2013, c. 173; 2023, c. 98.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.30. Chairman and vice-chairman; quorum; meetings.
The Commission shall elect annually a chairman and vice-chairman from among its membership. Nine members of the Commission shall constitute a quorum. The Commission shall meet no more than four times each year. 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.

1998, c. 553; 2000, cc. 386, 456; 2004, c. 471; 2013, c. 173; 2023, c. 98.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.31. Staffing and support.
The local governing bodies and Planning District Commissions found wholly or partially in the Rappahannock River Basin shall provide staff support for 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 is authorized to determine the duties of such staff and fix staff compensation within available resources.

All agencies of the Commonwealth shall cooperate with the Commission and, upon request, shall assist the Commission in fulfilling its purposes and mission. The Secretary of Natural and Historic Resources or his designee shall act as the chief liaison between the administrative agencies and the Commission.

1998, c. 553; 2000, cc. 386, 456; 2021, Sp. Sess. I, c. 401.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.32. Withdrawal; dissolution.
A. A locality may withdraw from the Commission one year after providing a written notice to the Commission of its intent to do so.

B. The Commission may dissolve itself upon a two-thirds vote of all members.

C. The Commission may be dissolved by repeal or expiration of this chapter.

D. The Commission shall be dissolved if the membership of the Commission falls below two-thirds of those eligible.

E. Upon the Commission's dissolution, all funds and assets of the Commission shall be divided on a pro rata basis. The Commonwealth's share of the funds and assets shall be transferred to the Office of the Secretary of Natural and Historic Resources for appropriate distribution.

1998, c. 553; 2000, cc. 386, 456; 2021, Sp. Sess. I, c. 401.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.33. Funding.
A. The Commission shall annually adopt a budget, which shall include the Commission's estimated expenses. The funding of the Commission shall be a shared responsibility of state and local governments. The Commonwealth's contribution shall be set through the normal state appropriations process. The Commission's local government members shall determine a process for distribution of costs among the local government members.

B. The Commission shall annually designate a fiscal agent.

C. The accounts and records of the Commission showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes, provided that such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Commission shall be subject to an annual audit by the Auditor of Public Accounts or his legal representative, and the costs of such audit services shall be borne by the Commission. The results of the audits shall be delivered to the chief elected officer in each of the Commission's member jurisdictions, the members of the House of Delegates and the Senate who serve on the Commission, the chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, and the Secretary of Natural and Historic Resources. The Commission's fiscal year shall be the same as the Commonwealth's.

1998, c. 553; 2000, cc. 386, 456; 2021, Sp. Sess. I, c. 401.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.33:1. Compensation; expenses.
Notwithstanding any law to the contrary, members of the Commission shall not be eligible for compensation. All members may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties from such funds as may be available to the Commission.

2004, c. 471.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.3 (Rappahannock River Basin Commission)
§ 62.1-69.33:2. Chairman's executive summary of activity and work of the Commission.
The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

2004, c. 471.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.4 (VIRGINIA ROANOKE RIVER BASIN ADVISORY COMMITTEE)
§ 62.1-69.35. Compensation and expenses.
Legislative members of the advisory committee shall receive such compensation as provided in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of members shall be paid from such funds as may be provided to the Department of Environmental Quality in the appropriations act for this purpose.

2002, c. 843; 2003, c. 885.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.4 (VIRGINIA ROANOKE RIVER BASIN ADVISORY COMMITTEE)
§ 62.1-69.35:1. Staffing.
The Department of Environmental Quality shall provide staff support to the advisory committee. All agencies of the Commonwealth shall provide assistance to the advisory committee, upon request.

2003, c. 885.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.4 (VIRGINIA ROANOKE RIVER BASIN ADVISORY COMMITTEE)
§ 62.1-69.35:2. Chairman's executive summary of activity and work of the advisory committee.
The chairman of the advisory committee shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the advisory committee no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

2003, c. 885.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.36. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Basin" means the Roanoke River Basin.

"Roanoke River Basin" means that land area designated as the Roanoke River Basin by the Virginia State Water Control Board, pursuant to § 62.1-44.38, and the North Carolina Department of Environment and Natural Resources.

2002, cc. 657, 843; 2003, c. 885.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.37. Roanoke River Basin Bi-State Commission established; purpose.
The Roanoke River Basin Bi-State Commission is hereby established as a bi-state commission composed of members from the Commonwealth of Virginia and the State of North Carolina and hereinafter referred to as the Commission. The Commission shall:

1. Provide guidance, conduct joint meetings, 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;

2. Provide a forum for discussion of issues affecting the Basin's water quantity, water quality, and other natural resources;

3. Promote communication, coordination and education among stakeholders within the Basin;

4. Identify Basin-related problems and recommend appropriate solutions; and

5. Undertake studies and prepare, publish, and disseminate information through reports, and other communications, related to water quantity, water quality and other natural resources of the Basin.

2002, cc. 657, 843; 2003, c. 885, cl. 4.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.38. Membership; terms.
A. The Commission shall be composed of 18 voting members that include nine members representing the Commonwealth of Virginia and nine members representing the State of North Carolina. The Virginia delegation shall consist of the six legislative members appointed to the Virginia Roanoke River Basin Advisory Committee, and three nonlegislative citizen members appointed to the Virginia Roanoke River Basin Advisory Committee, who represent different geographical areas of the Virginia portion of the Roanoke River Basin, to be appointed by the Governor of Virginia. The North Carolina delegation to the Commission shall be appointed as determined by the State of North Carolina. All members appointed to the Commission by the Commonwealth of Virginia and the State of North Carolina shall reside within the Basin's watershed. Members of the Virginia House of Delegates and the Senate of Virginia, the North Carolina House of Representatives and Senate, and federal legislators, who have not been appointed to the Commission and whose districts include any portion of the Basin, shall serve as nonvoting ex officio members of the Commission.

B. Legislative members of the Virginia delegation, federal legislators, and local government officials, whether appointed or ex officio, shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed to serve two-year terms, unless the member is reappointed by the appointing authorities of each state. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointment.

C. Each state's delegation to the Commission may meet separately to discuss Basin-related issues affecting their state, and may report their findings independently of the Commission. A majority of the voting members shall constitute a quorum.

2002, cc. 657, 843; 2003, c. 885.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.39. Roanoke River Basin Bi-State Commission powers and duties.
A. The Commission shall have no regulatory authority.

B. To perform its duties and objectives, the Commission shall have the power to:

1. Develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives, 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 by a majority of the Commission members;

2. Establish standing and ad hoc advisory committees, which shall be constituted in a manner to ensure a balance between recognized interests. The purpose of each advisory committee shall be determined by the Commission;

3. Seek, apply for, accept and expend gifts, grants and donations, services and other aid from public or private sources. With the exception of funds provided by the planning district commissions and funds appropriated by the General Assemblies of Virginia and North Carolina, the Commission may accept funds only after an affirmative vote by a majority of the members of the Commission or by following such other procedures as may be established by the Commission for the conduct of its business;

4. Establish a nonprofit corporation to assist in the details of administering its affairs and in raising funds;

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

6. Perform any lawful acts necessary or appropriate for the furtherance of its work.

2002, cc. 657, 843; 2003, c. 885.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.40. Standing and ad hoc committees.
To facilitate communication among stakeholders in the Roanoke River Basin, and to maximize participation by all interested parties, the Commission shall establish both standing and ad hoc committees. The Commission shall appoint the members of the standing and ad hoc committees, in accordance with guidelines adopted by the Commission. The standing committees shall include, but not be limited to, the following:

1. Permit holders. The Commission shall identify those entities that hold permits issued by a federal, state or local regulatory agency pertaining to the water of the Basin. Such entities may recommend a representative to be appointed to the committee by the Commission;

2. Roanoke River Basin interest groups. The Commission shall identify interest groups that may recommend a representative to be appointed to the committee by the Commission;

3. Public officials and government entities. The committee shall be composed of representatives of each county, city and town located completely or partially within the Basin, and any other governmental entities that the Commission deems appropriate may recommend one member to be appointed to the committee by the Commission. The committee may also include the U.S. Senators from Virginia and North Carolina or their designees, and any member of the U.S. House of Representatives or his designee, whose district includes any portion of the Basin, if such members elect to serve on the committee; and

4. Agriculture, forestry and soil and water conservation districts. The Commission shall identify persons who represent agricultural and forestry interests throughout the Basin and representatives from the soil and water conservation districts within the Basin and shall appoint representatives from these groups to the committee.

2002, cc. 657, 843; 2003, c. 885.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.41. Staffing and support.
The Virginia Department of Environmental Quality and the North Carolina Department of Environment and Natural Resources shall provide staff support to the Commission. Additional staff may be hired or contracted by the Commission through funds raised by or provided to it. The duties and compensation of such additional staff shall be determined and fixed by the Commission, within available resources.

All agencies of the Commonwealth of Virginia and the State of North Carolina shall cooperate with the Commission and, upon request, shall assist the Commission in fulfilling its responsibilities. The Virginia Secretary of Natural and Historic Resources and the North Carolina Secretary of the Department of Environment and Natural Resources or their designees shall each serve as the liaison between their respective state agencies and the Commission.

2002, cc. 657, 843; 2003, c. 885; 2021, Sp. Sess. I, c. 401.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.42. Funding.
A. The Commission shall annually adopt a budget, which shall include the Commission's estimated expenses. Funding for the Commission shall be shared and apportioned between the Commonwealth of Virginia and the State of North Carolina. The appropriation of public funds to the Commission shall be provided through each state's regular process for appropriating public funds. The Virginia planning district commissions within the Basin shall bear a proportion of Virginia's share of the expenses, which may be in the form of in-kind contributions.

B. The Commission shall designate a fiscal agent.

C. The accounts and records of the Commission showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Virginia Auditor of Public Accounts and the North Carolina State Auditor prescribe, provided that such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Commission shall be subject to an annual audit by the Virginia Auditor of Public Accounts and the North Carolina State Auditor or their legal representatives, and the costs of such audit services shall be borne by the Commission. The results of the audits shall be delivered to the appropriate legislative oversight committees in each state.

2002, cc. 657, 843; 2003, c. 885.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.43. Compensation and expenses.
A. Legislative members of the Virginia delegation to the Commission shall receive such compensation as provided in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All voting members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. However, all such expenses shall be paid from existing appropriations and funds provided to the Commission or, if unfunded, shall be approved by the Joint Rules Committee.

Members of the Virginia House of Delegates and the Senate of Virginia, and members of the Virginia Congressional delegation, who have not been appointed to the Commission, whose districts include any portion of the Basin, and who serve as nonvoting ex officio members of the Commission shall serve without compensation and expenses.

Nonlegislative citizen members appointed to any standing committees or ad hoc committees shall serve without compensation and expenses.

B. The North Carolina members of the Commission shall receive per diem, subsistence, and travel expenses as follows:

1. Ex officio legislative members who are members of the General Assembly at the rate established in North Carolina G.S. 138-6;

2. Commission members who are officials or employees of the State or of local government agencies at the rate established in North Carolina G.S. 138-6; and

3. All other members at the rate established in North Carolina G.S. 138-5.

2002, cc. 657, 843; 2003, c. 885.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.5 (ROANOKE RIVER BASIN BI-STATE COMMISSION)
§ 62.1-69.44. Annual report required.
The Commission shall submit an annual report, including any recommendations, to the Governor and General Assembly of Virginia and the Governor and General Assembly of North Carolina.

2002, cc. 657, 843; 2003, c. 885.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.45. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Rivanna River Basin" means that land area designated as the Rivanna River Basin by the State Water Control Board pursuant to § 62.1-44.38 and that is also found in the Fifteenth, Seventeenth, Twenty-fourth and Twenty-fifth state Senatorial districts or the Twenty-fifth, Fifty-seventh, Fifty-eighth and Fifty-ninth House of Delegates districts, as those districts existed on January 1, 2002.

2004, c. 394.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 5.6 (RIVANNA RIVER BASIN COMMISSION)
§ 62.1-69.46. The Rivanna River Basin Commission; establishment; purpose.
A. The Rivanna River Basin Commission (the Commission) shall be established as an independent local entity without political subdivision status, and shall be established upon the passage of a resolution by three-fourths of the Rivanna River Basin's localities, in which not less than three percent of the jurisdiction is found wholly or partially within the Rivanna River Basin, that commits them to participation in the Commission as described in this chapter. Localities located in the Rivanna River Basin include the Counties of Albemarle, Fluvanna, Greene, Louisa, Orange and Nelson, and the City of Charlottesville. The resolution shall contain the following language:

"The (governing body) of this jurisdiction hereby agrees to become a member of and participate in the Rivanna River Basin Commission as described in Chapter 5.6 (§ 62.1-69.45 et seq.) of Title 62.1 of the Code of Virginia."

B. The purpose of the Commission shall be to provide guidance for the stewardship and enhancement of the water and natural resources of the Rivanna River Basin. The Commission shall be a forum in which local governments and citizens can discuss issues affecting the Basin's water quality and quantity and other natural resources. Through promoting communication, coordination, and education, and by suggesting appropriate solutions to identified problems, the Commission shall promote activities by local, state, and federal governments, and by individuals, that foster resource stewardship for the environmental and economic health of the Basin.

2004, c. 394.