reglab/housing_qa huggingface dataset:
VA Code § 10.1-633 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-633. Power to incur debts and accept gifts, etc.; watershed improvement district to have same powers as soil and water conservation district

A watershed improvement district shall have power, as set forth in this article, to incur debts and repay them over the period of time and at the rate or rates of interest, not exceeding eight percent, that the lender agrees to. Any watershed improvement district may accept, receive and expend gifts, grants or loans from whatever source received. In addition, they shall have the same powers, to the extent necessary, within the watershed improvement district that the soil and water conservation district or districts in which the same is located exercise or may possess.1956, c. 668, § 21-112.20; 1964, c. 512; 1977, c. 40; 1988, c. 891.
VA Code § 10.1-634 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-634. Question to be submitted to qualified voters; approval required

In connection with any referendum held pursuant to the provisions of this article, the directors shall also provide for the submission of the question involved to the qualified voters of the watershed improvement district and any question required to be submitted to referendum hereunder shall only be deemed to be approved, if approved both by vote of the landowners of the district as here above required and by a majority vote of the qualified voters of the district voting in such referendum.1973, c. 35, § 21-112.20:1; 1988, c. 891.
VA Code § 10.1-634.1 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-634.1. Conduct of referenda

A. Except as provided in subsection B, the referenda authorized or required by this article shall be conducted pursuant to regulations prescribed by the Virginia Soil and Water Conservation Board and not as provided for under § 24.2-684.B. Referenda authorized or required by this article prior to the regulations referred to in subsection A becoming effective shall be conducted by the district directors of the soil and water conservation district in which the watershed improvement district is situated pursuant to the provisions of this article as they were effective on January 1, 1995, and Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2. The costs of holding referenda under this subsection shall be paid by the requesting landowners.1995, c. 654; 1996, c. 983.
VA Code § 10.1-635 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-635. Power of eminent domain

In addition to any other powers conferred on it by law, any watershed improvement district organized under the provisions of this article shall be authorized to acquire by eminent domain any lands, property rights, franchises, rights-of-way, easements or other property deemed necessary or convenient for the efficient operation of the district. Such proceedings shall be in accordance with and subject to the provisions of the laws of the Commonwealth applicable to the exercise of the power of eminent domain in the name of a public service company and subject to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1.1958, c. 411, § 21-112.21; 1988, c. 891; 2003, c. 940.
VA Code § 10.1-636 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-636. Definitions

As used in this article, unless the context requires a different meaning:"Board" means the Virginia Soil and Water Conservation Board."Facility" means any structures, foundations, appurtenances, spillways, lands, easements and rights-of-way necessary to (i) store additional water for immediate or future use in feasible flood prevention sites; (ii) create the potential to store additional water by strengthening the foundations and appurtenances of structures in feasible flood prevention sites; or (iii) store water in sites not feasible for flood prevention programs, and to properly operate and maintain such stores of water or potential stores of water."Fund" or "revolving fund" means the Conservation, Small Watersheds Flood Control and Area Development Fund."Storing additional water in feasible flood prevention sites" means storage of water for other than flood prevention purposes above the capacity of any given structure to hold water for the purpose of flood prevention in flood prevention sites within a flood prevention project having a favorable benefit-cost ratio where it is economically feasible to provide the capacity to store additional water or the potential for additional water storage capacity.1970, c. 591, § 21-11.2; 1988, c. 891.
VA Code § 10.1-637 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-637. Fund continued; administrative control

The "Conservation, Small Watersheds Flood Control and Area Development Fund," is continued and shall be administered and used as hereinafter provided. The revolving fund shall also consist of any moneys appropriated by the General Assembly.The administrative control of the fund and the responsibility for the administration of the provisions of this article are hereby vested in the Virginia Soil and Water Conservation Board. The Board is authorized to establish guidelines for the proper administration of the fund and the provisions of this article.1970, c. 591, §§ 21-11.1, 21-11.4; 1988, c. 891.
VA Code § 10.1-639 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-639. Conditions for making loan

The Board shall authorize the making of a loan under the provisions of § 10.1-638 A only when the following conditions exist:1. An application for the loan has been submitted by the borrower in the manner and form specified by the Board, setting forth in detail the need for the storage of water, the amount of the loan requested and the use to which the loan shall be applied as well as any efforts made to secure funds from any other source, and such other information required by the Board. The application shall be first submitted to the soil and water conservation district or districts encompassing the watershed wherein the proceeds of the loan would be applied. When the application is approved by the district or districts, the application shall be forwarded to the Board.2. The borrower agrees and furnishes assurance, satisfactory to the Board, that it will satisfactorily maintain any structure financed in whole or in part through the loans provided by this article.3. The purpose for which the loan is sought is to acquire land, easements and rights-of-way, or engineering or legal services necessary for a water storage facility or project, or to construct the water storage facility itself.If the requested loan or any part thereof is for the purpose of acquiring land, easements and rights-of-way, then the loan or part thereof designated for such purpose shall not be granted in the absence of evidence satisfactory to the Board that the borrower requesting the loan will in fact acquire the land, easements or rights-of-way if the loan is granted.1970, c. 591, § 21-11.5; 1988, c. 891.
VA Code § 10.1-640 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-640. Political subdivisions may borrow from other sources

Any entity eligible under § 10.1-638 A may borrow funds as provided in this article before, simultaneously, or after borrowing funds from other sources for the same purpose for which funds are borrowed under the provisions of this article.1970, c. 591, § 21-11.11; 1988, c. 891.
VA Code § 10.1-641 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-641. Powers of Board in aid of the provisions of § 10.1-638

The Board shall have the following powers to effectuate the provisions of § 10.1-638 B:1. To expend funds from the revolving fund for field surveys and investigations, notwithstanding the possibility that the Board may subsequently determine that the proposed investment is not feasible.2. To make and execute contracts and other instruments necessary or convenient to the construction, improvement, operation and maintenance of facilities.3. To make agreements with and act as agent for the United States, or any of its agencies, or for this Commonwealth or any of its agencies, or any local government in connection with the acquisition, construction, maintenance, operation, or administration of any project in which the Board has invested funds; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this Commonwealth or any of its agencies or from any other source; and to use or expend such moneys, services, materials, or other contributions in carrying on its investment function.4. To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein, and improve any properties acquired.1970, c. 591, § 21-11.13; 1988, c. 891.
VA Code § 10.1-642 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-642. Record of applications for loans and action taken

A record of each application for a loan pursuant to § 10.1-639 received by the Board and the action taken thereon shall be open to public inspection at the office of the Board.1970, c. 591, § 21-11.8; 1988, c. 891; 2007, c. 637.
VA Code § 10.1-643 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-643. Period of loan; interest rate; loan shall constitute a lien

Any loan made pursuant to the provisions of § 10.1-638 A may be made for any period not to exceed twenty years and shall bear interest at the rate of one percent annually for the first ten years or until such time as water stored under the provisions of this article is used by the borrower for the purpose stated in the application for the loan, if such use occurs within the first ten years. Interest on the loan for the second ten-year period plus the balance of the first ten-year period during which water was used, if any, shall bear interest at a rate set jointly by the Board and the State Treasury Board. Such interest rate shall conform as nearly as possible to the interest on bonds sold for water development or similar purposes within the Commonwealth within the last six months prior to setting such interest rate, taking into consideration any fluctuations of the money market which may have occurred subsequent to the last sale of such bonds within the six-month period. If no such bonds have been sold within the six-month period, the interest rate shall be set to conform as nearly as possible with the rate charged by the commercial money market for such or similar purposes. However, when the attendant facilities, such as but not limited to a filtration plant, pumping station, and pipelines, necessary for the use of the water stored cost the borrower more than $100,000, interest on the loan for the second ten-year period or the ten-year period plus the balance of the first ten-year period during which water was used, if any, shall be at the rate of three percent annually. Any borrower receiving a loan under the provisions of this article shall agree to repay the loan in equal annual installments of principal together with interest at the applicable rate on the unpaid balance of the loan. Payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund, and evidence of debt taken for such loan shall be deposited with the State Treasurer and kept by him. Whenever a loan is made in accordance with the provisions of this article, a lien is hereby created against all of the funds and income of the borrower, as well as upon any real or personal property acquired with loan proceeds. Prepayment of the principal of any such loan, in whole or in part, may be made by the borrower without penalty; however, the borrower shall be liable for interest accrued on the principal at the time of prepayment.1970, c. 591, § 21-11.6; 1988, c. 891.
VA Code § 10.1-644 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-644. Recovery of money due to fund

If a borrower defaults on any payment due the State Treasurer pursuant to § 10.1-643 or on any other obligation incurred pursuant to the provisions of this article, the amounts owed to the fund by the borrower may be recovered by the State Comptroller transferring to the revolving fund the amount of the payment due to the revolving fund from the distribution of state funds to which the defaulting borrower may be entitled pursuant to any state law; or, any money which ought to be paid into the revolving fund may be recoverable with interest by the Commonwealth, in the name of the Board, on motion in the Circuit Court of the City of Richmond. The Attorney General shall institute and prosecute such proceedings after a request for such action has been made by the Board.1970, c. 591, § 21-11.7; 1988, c. 891.
VA Code § 10.1-645 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-645. Limits on expenditures authorized under § 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities

Expenditures by the Board for any one facility under the provisions of § 10.1-638 B shall not exceed $500,000 without the written approval of the Governor for construction and seeding, acquisition of land, easements, and rights-of-way, engineering costs, appraisal costs, legal services, and other costs related to the facility. The Board is authorized to sell any facility resulting from an expenditure authorized by § 10.1-638 B to any entity to whom a loan could be made pursuant to the provisions of § 10.1-638 A under the terms and conditions prescribed hereinafter. Conveyances of any such facilities shall be executed by the chairman of the Board acting pursuant to a resolution of the Board and shall be approved by the Governor and Attorney General as to form and substance. Upon the transfer of title of such facilities, the purchasing entity shall grant an easement or right-of-way to the appropriate soil and water conservation district to assure the continued operation, inspection and repair of the works of improvement on the land sold, and in all cases, the purchasing entity shall agree to maintain the facility in a satisfactory manner. The Board may contract with an entity eligible to borrow from the revolving fund pursuant to § 10.1-638 A, for the sale of water stored at facilities constructed by expenditures pursuant to § 10.1-638 B. However, it is not the intent of this article to provide a means whereby the Commonwealth shall store and sell water to such entities; therefore, unless extenuating circumstances prevail, such contract shall be entered into with the understanding that such entities shall acquire the rights of the Board in the water storage facility by a future date agreeable to the Board and entity. The Board may lease such facilities to any agency or entity of government, corporation, organization or individual for recreational purposes or any other uses which will not impair the facilities' value for future water supply. Proceeds from the sale of stored water or sale or rental of such facilities shall be placed in the revolving fund.1970, c. 591, § 21-11.9; 1972, c. 821; 1988, c. 891.
VA Code § 10.1-646 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-646. Purchase price and terms of sales authorized by § 10.1-645

When an entity, as the term is used in § 10.1-645, agrees to purchase a facility and the rights incident thereto resulting from the storing of additional water in feasible flood prevention sites or the strengthening of foundations and appurtenances of feasible flood prevention sites in which the Board has invested pursuant to § 10.1-638 B, the purchase price shall be the total expenditure from the revolving fund by the Board for such facility plus a surcharge of three percent annually on all funds expended for the facility, other than funds expended pursuant to § 10.1-638 C, from the date of expenditure to the date of purchase by the purchasing entity.With the approval of the Board, the purchasing entity may finance the purchase price, or any portion thereof, of the facility under the terms and conditions of §§ 10.1-638 A and 10.1-643, and the provisions of §§ 10.1-643 and 10.1-644 shall apply, mutatis mutandis, to such financing. If a purchasing entity finances the purchase of a facility as hereinabove provided, such purchasing entity shall not be precluded from applying for a loan authorized by § 10.1-638 A to the limit imposed by that section to complete any facility purchased to store additional water.1970, c. 591, § 21-11.10; 1972, c. 821; 1988, c. 891.
VA Code § 10.1-647 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-647. Disposition of facilities financed under article when part of debt remains outstanding

No facility financed from the revolving fund under the provisions of this article, in whole or in part, shall be sold by an entity when any portion of the debt owed to the revolving fund remains unpaid. However, if the purchaser is an entity having the taxing power, then such sale may be made even though all or a portion of the debt to the revolving fund remains unpaid, if the purchasing entity agrees to assume the obligation to repay the outstanding debt and all interest thereon. If such sale is approved by the Board, then the purchasing entity shall be solely liable for the obligations undertaken by the principal debtor, and the principal debtor shall be released therefrom.1970, c. 591, § 21-11.12; 1988, c. 891.
VA Code § 10.1-649 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-649. Sale to Board of property and rights-of-way acquired by condemnation

For the purpose of § 10.1-638 B the Board is authorized to purchase property and rights-of-way condemned for maintaining, protecting, or providing supplies of water and for water storage purposes under §§ 15.2-1904, 15.2-1907, 15.2-5114, and 21-118 and the condemnor is authorized to sell any such property or rights-of-way to the Board.1970, c. 591, § 21-11.15; 1988, c. 891; 2003, c. 940.
VA Code § 10.1-650 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-650. Definitions

As used in this article, unless the context clearly requires a different meaning:"Continual accelerated erosion" means a rapid increase in the erosion rate of stream banks caused by loss of vegetation, diversion of water by constrictions, undermining, and other resultant effects of severe floods."Natural streams" means nontidal waterways which are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams."Program" means the Stream Restoration Assistance Program."Stream restoration" means any combination of structural and vegetative measures which may be taken to restore, stabilize, and protect a natural stream which has been damaged by severe flooding and is consequently subject to continual accelerated erosion or other detrimental effects. The term shall also include measures to return stream flow to its original channel in cases where the stream course has been changed as a result of flooding.1981, c. 450, § 21-11.23; 1988, c. 891.
VA Code § 10.1-651 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-651. Establishment and administration of Program

The Stream Restoration Assistance Program is continued to protect the natural streams of the Commonwealth. The Program shall aid in the stabilization and protection of natural streams which have been severely damaged by naturally occurring flooding events. The Program shall be administered by the Virginia Soil and Water Conservation Board in cooperation with soil and water conservation districts and local governments throughout the Commonwealth. To assist in the development of the Program, the Board shall seek the advisory opinion of the State Water Control Board and the Department of Wildlife Resources.1981, c. 450, § 21-11.22; 1988, c. 891; 2020, c. 958.
VA Code § 10.1-652 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-652. Program applicability

The Stream Restoration Assistance Program shall apply only to natural nontidal streams which have been damaged as a result of naturally occurring flooding events. Streams which have been damaged by land-disturbing activities, vehicular traffic, or other human causes shall not be eligible for assistance under the Program.1981, c. 450, § 21-11.24; 1988, c. 891.
VA Code § 10.1-653 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-653. Application for assistance

Landowners who wish to receive assistance under the Program shall apply to the Virginia Soil and Water Conservation Board. The Board shall provide copies of the applications to the chairmen of the soil and water districts, where applicable, and the local governing bodies having jurisdiction in the area where the damage has occurred.1981, c. 450, § 21-11.25; 1988, c. 891.
VA Code § 10.1-654 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 6 - Flood Protection and Dam Safety|§ 10.1-654. Damage inspections and reports

A. Upon receipt of an application for assistance, the Board shall schedule a field inspection of the affected stream segment to determine the extent of damages. Such field inspections should be scheduled and coordinated so that affected landowners and appropriate conservation districts and local government officials can participate.B. Following the field inspection, the Board shall prepare an inspection report which includes a recommendation concerning the extent to which the Commonwealth should assist the applicant in restoring the stream.C. Draft copies of the inspection report shall be submitted to the applicant, persons who attended the field inspection, and chairmen of conservation districts and local governing bodies having jurisdiction in the area where the damage has occurred. These persons shall be given forty-five days to submit written comments and recommendations concerning the report. The final report shall contain copies of all written comments and recommendations received.1981, c. 450, § 21-11.26; 1988, c. 891.