reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.6 - Rivanna River Basin Commission › § 62.1-69.47. Membership; terms; vacancies; chairman and vice-chairman; quorum; meetings; voting

A. The Commission shall consist of 14 nonlegislative members as follows: two members each of the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville; two nonlegislative citizen members, one each from the Culpeper Soil and Water Conservation District and the Thomas Jefferson Soil and Water Conservation District; and four nonlegislative citizen members at-large, one member each appointed by the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville, upon the recommendation of the Thomas Jefferson Planning District Commission. All members recommended by the Thomas Jefferson Planning District Commission and appointed to the Commission by the relevant local elected governing bodies shall be citizens who demonstrate interest, experience, or expertise in water-related Basin issues.
B. Members of the Commission who are local elected governing body officials or members of the soil and water conservation districts shall serve terms coincident with their terms of office. Initial appointments of the four nonlegislative citizen-at-large members shall be staggered as follows: two members for a term of two years; and two members for a term of four years. Thereafter, nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no nonlegislative citizen member shall serve more than two consecutive four-year terms. The remainder of any term to which a nonlegislative citizen at-large member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
C. The Commission shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Each member of the Commission shall have an equal vote.
2004, c. 394.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.6 - Rivanna River Basin Commission › § 62.1-69.48. Compensation; expenses

Members of the Commission may receive compensation and may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as the Commission may deem appropriate. The costs of compensation and expenses shall be paid from such funds as may be available to the Commission.
2004, c. 394.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.6 - Rivanna River Basin Commission › § 62.1-69.49. Funding

A. The Commission shall adopt annually a budget that includes the Commission's estimated expenses. A process for distributing the costs for the support of the Commission among the relevant local governing bodies, based on each jurisdiction's proportional share of the population within the Rivanna River Basin, shall be determined by the Commission's local elected governing body members, unless such members choose otherwise.
B. The Commission shall designate a fiscal agent annually.
2004, c. 394.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.6 - Rivanna River Basin Commission › § 62.1-69.50. Powers and duties of the Rivanna River Basin Commission

The Rivanna River Basin Commission shall have the following powers and duties:
1. Develop a plan to promote the coordination of water management within the Basin to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption;
2. Provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it deems necessary and appropriate, regarding the use, stewardship, and enhancement of the Basin's water and other natural resources;
3. Undertake studies and prepare, publish, and disseminate information in reports and in other forms related to the water and natural resources of the Basin and to further its purposes and mission, including but not limited to studies to determine the flow conditions necessary to protect instream beneficial uses and public water supplies for human consumption;
4. Enter into contracts and execute all instruments necessary or appropriate;
5. Perform any lawful acts necessary or appropriate;
6. Establish a nonprofit corporation as an instrumentality of the Commonwealth to assist in the details of administering its affairs and in raising funds;
7. Seek, apply for, accept, and expend gifts, grants, and donations, services, and other aids, from public or private sources. Other than those from member jurisdictions and those appropriated by the General Assembly, funds may be accepted by the Commission only after an affirmative vote by the Commission or by following such other procedure as may be established by the Commission for the conduct of its business;
8. Establish balanced advisory committees that may include representation from agricultural, environmental, resource-based, industrial, recreational, riparian landowner, development, educational, and other interests as it deems necessary and appropriate; and
9. Develop rules and procedures for the conduct of its business as necessary to carry out its purpose and mission, including but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote of a majority of the Commission's members.
2004, c. 394.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.6 - Rivanna River Basin Commission › § 62.1-69.51. Staffing and support

The local governing bodies, soil and water conservation districts, and planning district commissions found wholly or partially in the Rivanna River Basin may provide staff support to the Commission as the localities determine appropriate. Additional staff support may be hired or contracted for by the Commission through funds raised by or provided to it. The Commission shall determine the duties of such staff and fix compensation within available resources.
All agencies of the Commonwealth shall provide assistance to the Commission, upon request.
2004, c. 394.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.6 - Rivanna River Basin Commission › § 62.1-69.52. Withdrawal; dissolution

A. A locality may withdraw from the Commission one year after providing written notice to the Commission of its intent to do so.
B. The Commission may be dissolved (i) upon three-fourths vote of its members, (ii) if the membership falls below three-fourths of the number of localities eligible for membership in the Commission, or (iii) by repeal or expiration of this chapter.
C. Upon the Commission's dissolution, all funds and assets of the Commission, including funds received from private sources, shall be divided and distributed on a pro rata basis to the member local governing bodies. All state funds and assets, if any, shall be transferred to the Office of the Secretary of Natural and Historic Resources for appropriate distribution.
2004, c. 394; 2021, Sp. Sess. I, c. 401.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-70. Governor to execute Ohio River Valley Water Sanitation Compact

The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, the Ohio River Valley Water Sanitation Compact which the Commonwealth of Virginia has been invited to join. The compact is in the words and figures set out in § 62.1-71.
Code 1950, § 62-67.1; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-72. Effect of signing compact

The Commonwealth of Virginia, hereby through the signature of its Governor hereto, adds its name to those of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia as the parties to and signatory states of the foregoing Ohio River Valley Water Sanitation Compact, and hereby covenants and agrees as hereinabove set forth in such compact.
The signature by the Governor of Virginia, to the foregoing compact on behalf of the Commonwealth of Virginia, shall bind the Commonwealth and indicate its assent to and acceptance of the terms and conditions of such compact.
Code 1950, § 62-67.3; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-73. Appointment and removal of Virginia members of Commission

In pursuance of Article IV of said compact there shall be three members of the Ohio River Valley Water Sanitation Commission from Virginia. Two members of the Commission shall be appointed by the Governor, subject to confirmation by the General Assembly, from the membership of the State Water Control Board continued under § 62.1-44.7. The term of the commissioner shall be coincident with that of his term upon the State Water Control Board. Any vacancy in the office of the commissioner shall be filled by appointment by the Governor. The third Virginia member of the Commission shall be the Director of the Department of Environmental Quality. Any member of the Commission appointed pursuant to this section who cannot be present at a meeting of the Commission, or at any committee or subcommittee of the Commission, may designate any employee of the Department of Environmental Quality or a member of the State Water Control Board to attend the meeting and vote on his behalf.
Any commissioner may be removed from office by the Governor.
Code 1950, § 62-67.4; 1968, c. 659; 2005, c. 517; 2009, c. 467; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-74. Powers of Commission; duties of state officers, departments, etc.; jurisdiction of certain courts; enforcement

Subject to the terms of such compact there is hereby granted to the Commission and commissioners thereof all the powers provided for in the compact, and all the powers necessary or incidental to the carrying out of the compact in every particular. All officers of this Commonwealth are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular, it being hereby declared to be the policy of this Commonwealth to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of this Commonwealth are hereby authorized and directed at convenient times and upon request of the Commission to furnish it with information and data possessed by them or any of them and to aid the Commission by loan of personnel or other means lying within their legal powers, respectively.
The courts of record of this Commonwealth are hereby granted the jurisdiction specified in Article IX of the compact, and the Attorney General and other law enforcing officers of this Commonwealth are hereby granted the power to institute any action for the enforcement of the orders of the Commission as specified in Article IX of the compact.
Code 1950, § 62-67.5; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-75. Powers granted Commission are supplemental

Any powers herein granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in the Commission by other laws of this Commonwealth or by the laws of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, West Virginia, Tennessee, or by Congress, or by the terms of the compact.
Code 1950, § 62-67.6; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-76. Expenses of members

The commissioners shall be reimbursed out of moneys appropriated for such purposes all sums which they necessarily expend in the discharge of their duties as members of such Commission.
Code 1950, § 62-67.7; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-77. Officers and employees; meetings

The Commission shall elect from its membership a chairman, and may also select a secretary who need not be a member. The Commission may employ such assistants as it deems necessarily required, and the duties of such assistants shall be prescribed and their compensation fixed by the Commission and paid out of the state treasury out of funds appropriated for such purposes upon the requisition of the Commission.
The Commission shall meet at times and places agreed upon by the commissioners or upon call of its chairman.
Code 1950, § 62-67.8; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-78. Chapter effective in due course, upon signature of Governor

This chapter shall become effective in due course provided the Governor signs the compact heretofore referred to on behalf of the Commonwealth.
Code 1950, § 62-67.9; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 6 - Ohio River Valley Water Sanitation Commission › § 62.1-79. Appropriations

The sums appropriated to carry out the purposes of this chapter shall be used to effect its provisions and to pay Virginia's proportionate part of the budget of the Ohio River Valley Water Sanitation Commission in accordance with Article X of the compact. No part of any such appropriation shall be available for expenditure in whole or in part unless and until the Comptroller shall be annually satisfied that each of the governmental entities having representatives on the Ohio River Valley Water Sanitation Commission has provided for the expenses thereof at least as much as is appropriated by the General Assembly of Virginia for the purposes of this chapter.
Code 1950, § 62-67.10; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-80. Declaration of public policy

In order to conserve and utilize the otherwise wasted energy from the water powers in this Commonwealth, it is hereby declared to be the policy of the Commonwealth to encourage the utilization of the water resources in the Commonwealth to the greatest practicable extent and to control the waters of the Commonwealth, as herein defined, and also the construction or reconstruction of a dam in any rivers or streams within the Commonwealth for the generation of hydroelectric energy for use or sale in public service, all as hereinafter provided.
Code 1950, § 62-68; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-81. "Waters of the Commonwealth" defined

The term "waters of the Commonwealth" as used in this chapter shall mean: (a) Any stream or that portion of any stream in this Commonwealth which prior to June 21, 1932, has been declared navigable by any unrepealed statute of this Commonwealth, or (b) any stream or that portion of any stream in this Commonwealth, the bed of which is owned by the Commonwealth, or (c) those parts of streams or other bodies of water in this Commonwealth which either in their natural or improved condition, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids, compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows or rapids, and also any stream or part thereof in this Commonwealth other than those above mentioned in this subdivision in which the construction of any dam or works as authorized by this chapter would affect the interests of interstate or foreign commerce, or (d) that portion of any river or stream flowing between the high-water mark on the Virginia shore and the low-water mark when such low-water mark constitutes the boundary line between Virginia and another state.
Code 1950, § 62-69; 1956, c. 229; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-82. Control and regulation by State Corporation Commission; existing rights of riparian owners

The control and regulation on the part of the Commonwealth of the development of the waters of the Commonwealth shall be paramount, and shall be exercised through the agency of the State Corporation Commission, sometimes in this chapter referred to as the Commission; provided, however, nothing contained in this chapter shall deprive any riparian owner of any right which he may have, under existing law, except by due and further process of law upon the exercise of eminent domain and upon the payment of just compensation for any such right.
Code 1950, § 62-70; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-83. Dams across waters of Commonwealth

No person, firm, association or corporation, private or municipal, proposing to construct or reconstruct any dam across or in the waters of the Commonwealth, as defined in § 62.1-81, or a dam in any rivers or streams within the Commonwealth when such dam is for the purpose of generating hydroelectric energy for use or sale in public service, shall begin the construction or reconstruction of any such dam unless and until the provisions of this chapter shall have been complied with, and every such dam shall in every respect be subject to the provision of this chapter and such other general laws of the Commonwealth as may be applicable thereto. Nor shall any dam constructed or reconstructed after July 1, 1932, in any waters, rivers or streams within the Commonwealth, without a license under this chapter, be utilized at any time for the purpose of generating hydroelectric energy for use or sale, directly or indirectly, in public service, unless and until licensed or permitted so to do by order of the State Corporation Commission, after hearing, and finding that the public interest will be thereby promoted or will not be detrimentally affected.
Code 1950, § 62-71; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-84. What "dam" includes

The word "dam" as used in this chapter is intended to include the appurtenant pondage area or any part thereof.
Code 1950, § 62-72; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-85. License required to construct dam; application

The construction or reconstruction of any such dam as is mentioned in § 62.1-83 shall not be begun until the person, firm, association, corporation, private or municipal, or public utility as defined in § 56-232 proposing to construct or reconstruct the same shall first obtain a license so to do from the State Corporation Commission. The application for such license shall be filed with the Commission and in it all the essential facts shall be stated to enable the Commission to pass upon its merits. A copy of such application shall also be filed by the applicant with the Executive Director of the State Water Control Board within ten days after filing such application with the State Corporation Commission. Each application for license shall be accompanied by such maps, plans and other information as may be necessary to give a clear and full understanding of the proposed scheme of development, and of dams, generating stations or other major structures, if any, involved therein.
Code 1950, § 62-73; 1968, c. 659; 1982, c. 183.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-86. Notice of hearing on application

As soon as practicable after the filing with the State Corporation Commission of any application for a license under the provisions of this chapter, the Commission shall set a day for a public hearing upon such application, and the applicant shall give notice to the public of the application, in form to be prescribed or approved by the Commission, by publication once in each week for four successive weeks prior to such hearing in a newspaper or newspapers of general circulation published in the city or county wherein the proposed construction, or the greater part thereof, is to be made and any adjoining or connecting county or city affected and every other county downstream from such development through which the stream runs to its mouth, if there be such newspaper, and, if there be no such newspaper, then by publishing the same in a newspaper of general circulation in such county or counties or cities affected. In such notice the date fixed by the Commission for the public hearing on the application shall be stated.
Code 1950, § 62-74; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-87. Proceedings at hearing

At such public hearing the applicant and any other interested person, firm, association or corporation shall be given an opportunity to present facts, evidence and argument for and against the granting of the application.
Code 1950, § 62-75; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-88. Determination and investigation by Commission

Before acting upon any application, the Commission shall weigh all the respective advantages and disadvantages from the standpoint of the Commonwealth as a whole and the people thereof and shall make such investigation as may be appropriate as to the effect of the proposed construction upon any cities, towns and counties and upon the prospective development of other natural resources and the property of others.
Code 1950, § 62-76; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-89. When license granted

If the Commission shall be of the opinion from all the evidence before it that, in pursuance of the herein expressed policy of the Commonwealth to encourage water-power development, the plans of the applicant provide for the greatest practicable extent of utilization of the waters of the Commonwealth for which the application is made and that the applicant is financially able to construct and operate the proposed dam and works and that the general public interest will be promoted thereby, it shall grant the license to construct and operate the proposed dam and works.
Code 1950, § 62-77; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-90. Rejection of application; requiring applicant to modify plans

If the Commission be of the opinion, from the evidence before it, that the prospective scheme of development is inadequate or wasteful or that the applicant is financially unable to construct and operate the proposed dam and works, or that it is prejudicial to the public interest, the Commission may require the applicant to modify the plans for the development in such manner as may be specified by the Commission or the Commission may reject the application.
Code 1950, § 62-78; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-91. Terms and conditions of license; preventing obstruction of navigation or flow; dams across navigable waters of United States

In granting any license the Commission may include in the grant thereof such terms and conditions with respect to the character of construction, operation and maintenance of the proposed dam and works as may be reasonably necessary in the opinion of the Commission in the interest of public safety; and in granting every such license the Commission shall determine what provision, if any, shall be made by the licensee to prevent the unreasonable obstruction of then existing navigation or any unreasonable interference with stream flow. In the case of a dam located across any navigable waters of the United States, the owner shall make such provision for navigation as is required by the Secretary of the Army of the United States.
Code 1950, § 62-79; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-92. Priority of location or appropriation; notice to owners of existing developments

No priority of location or appropriation shall be recognized by the Commission in its consideration of any application for a license, under this chapter, except that in case of an application for a license for any reconstruction or enlargement of any existing development, the owner of such development shall be entitled to priority over any other applicant for a license for the construction of a development which would materially affect such existing development, and every such applicant for a license under this chapter shall give notice of his application within ten days after filing of the same with the State Corporation Commission to every other person, firm, association or corporation owning any other development which might be affected thereby, whose application for a license under this chapter would be entitled to priority if such application were filed. In case of conflict between two or more applicants, the Commission may grant the license to such applicant as it may deem best in the light of the considerations herein specified.
Code 1950, § 62-81; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 7 - Water-Power Development, Conservation of Hydroelectric Power Dams and Works › § 62.1-93. Time limits on construction of proposed dam and works

With respect to any license which may be granted, the Commission shall prescribe a time limit of not more than two years after the granting of such license for the commencement of the construction of the proposed dam and works of the applicant and of not more than five years after the granting of such license for the completion of such dam and works, either or both of which initial time limits may be extended for good cause from time to time in the discretion of the Commission.
Code 1950, § 62-82; 1968, c. 659.