reglab/housing_qa huggingface dataset:
VA Code § 62.1-103 (2021)
2021 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.
VA Code § 62.1-104 (2021)
2021 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.(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.
VA Code § 62.1-105 (2021)
2021 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.
VA Code § 62.1-106 (2021)
2021 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.
VA Code § 62.1-107 (2021)
2021 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.
VA Code § 62.1-108 (2021)
2021 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.
VA Code § 62.1-109 (2021)
2021 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.
VA Code § 62.1-110 (2021)
2021 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.
VA Code § 62.1-111 (2021)
2021 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.
VA Code § 62.1-112 (2021)
2021 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.
VA Code § 62.1-113 (2021)
2021 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.
VA Code § 62.1-114 (2021)
2021 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.
VA Code § 62.1-115 (2021)
2021 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.
VA Code § 62.1-116 (2021)
2021 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.
VA Code § 62.1-117 (2021)
2021 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.
VA Code § 62.1-118 (2021)
2021 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.
VA Code § 62.1-119 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-119. Oath of commissioners; duties; report

The commissioners, before entering upon their duties, shall take an oath faithfully to perform the same, and thereupon shall proceed to inquire and ascertain, if the leave be granted, whether the mansion house of any person, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken; whether and in what degree ordinary navigation and the passage of fish will be obstructed; whether by any, and if any, by what means such obstruction may be prevented; and whether the health of the neighbors will be annoyed by the stagnation of the waters or otherwise. They shall also circumscribe so much of the lands, not owned by the applicant, as may be necessary for the canal, dam, or work to be constructed as aforesaid, not being (beyond what is in the bed of the watercourse) more than one acre for a dam, nor more than 100 feet in width for a canal, and shall ascertain what will be a just compensation therefor. Any lands which will probably be overflowed or deprived of water, or otherwise injured by such canal or dam, or be injured by the construction of the work aforesaid, shall likewise be examined by them, and they shall ascertain what will be a just compensation to the several owners thereof, for the damage to the same respectively. All of which matters the commissioners shall set forth in a report, which they shall make out, sign, and return to the court by which they were appointed.Code 1950, § 62-98; 1968, c. 659.
VA Code § 62.1-120 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-120. When further notice required

If, by such report, or otherwise, it appear that any person to whom notice has not been given, will sustain damage, notice shall be given to him, in the manner prescribed by § 62.1-117 to show cause why the applicant should not have the leave desired.Code 1950, § 62-99; 1968, c. 659.
VA Code § 62.1-121 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-121. When new commissioners appointed

If good cause be shown against the report, or the commissioners report their disagreement, or fail to report within a reasonable time, the court may, in any such case as often as seems to it proper, appoint other commissioners and the matter be proceeded in as before prescribed.Code 1950, § 62-100; 1968, c. 659.
VA Code § 62.1-122 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-122. When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal

If, on the report, or on other evidence, it appears to the court that by granting such leave the mansion house of any person other than the applicant himself, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken, or that the health of the neighbor will be annoyed, the leave shall not be granted. But if it shall not so appear, the court shall then grant or refuse the leave, as may seem to it proper. If it be granted, the court shall lay the applicant under such terms and conditions as shall seem to it right. It shall, in particular, provide, that ordinary navigation and the passage of fish shall not be obstructed, nor the convenient crossing of the watercourse impeded; and where, under such leave, an existing mill, manufactory, machine, or engine is to be supplied with water by a canal, the court shall prescribe a time within which the dam, whereby water had before been supplied, shall be abated, which time shall not be more than one year from the completion of the canal. Whenever such leave is granted, the tenant of any land through which any canal may be cut, may cross it with such fencing, and bridges, and erect such water gates as he may from time to time deem necessary, not obstructing the passage of the water to the mill, manufactory, machine, or engine.Code 1950, § 62-101; 1968, c. 659.
VA Code § 62.1-123 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-123. Rights of applicant on payment of damages

The applicant, to whom any such leave is granted, shall, upon paying to the several parties entitled thereto the compensation so ascertained, become seized in fee simple of the land circumscribed by the commissioners, and be authorized to proceed according to such leave.Code 1950, § 62-102; 1968, c. 659.
VA Code § 62.1-124 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-124. Such leave not to affect vested rights

No person shall by means of any such leave, draw the water from any millpond of another, existing at the time of such leave, or do anything in conflict with any vested right in any waterworks erected on such watercourse.Code 1950, § 62-103; 1968, c. 659.
VA Code § 62.1-125 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-125. Time within which applicant must erect or rebuild works; consequence of failure

If the applicant shall not begin his work within one year, and so far finish it within three years after such leave, as then to have his mill, manufactory, machine, or engine in good condition for use; or if such mill, manufactory, machine, or engine, 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 title to the land so circumscribed shall revert to the former owner, his heirs, or assigns, and the leave so granted shall then be in force no longer, except as provided in § 62.1-126.Code 1950, § 62-104; 1968, c. 659.
VA Code § 62.1-126 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-126. Forfeiture by tenant of works damaged or destroyed, and unrestored; right of remainderman or reversioner

Where any mill, manufactory, machine, or engine in possession of, but not erected by a tenant for life or years, shall be destroyed or become unfit for use, and such tenant shall not, within the two years begin, or within the five years finish such rebuilding or repair, the person next entitled in remainder or reversion may enter and rebuild or repair the same within three years from the time of the failure of such tenant, and thereafter hold and enjoy the same, with its appurtenances, for his use and benefit.Code 1950, § 62-105; 1968, c. 659.
VA Code § 62.1-127 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 9 - Mills, Dams and Certain Other Works on Watercourses|§ 62.1-127. Prosecution or action for unforeseen damages

No proceedings had under this chapter, nor any judgment thereon, shall bar any prosecution or action which could have been maintained if this chapter had not been enacted, unless the prosecution or action be for an injury actually foreseen and estimated in such proceeding or judgment.Code 1950, § 62-106; 1968, c. 659.