Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Unless a different meaning is required by the context, the
					 following terms, as used in this chapter, shall have the following
					 meanings:
"Beneficial use" means both instream and offstream uses.
					 Instream beneficial uses include but are not limited to protection of fish and
					 wildlife habitat, maintenance of waste assimilation, recreation, navigation,
					 and cultural and aesthetic values. Offstream beneficial uses include but are
					 not limited to domestic (including public water supply), agricultural, electric
					 power generation, commercial, and industrial uses. Domestic and other existing
					 beneficial uses shall be considered the highest priority beneficial
					 uses.
"Board" means the State Water Control Board. When used
					 outside the context of the promulgation of regulations, including regulations
					 to establish general permits, "board" means the Department of Environmental
					 Quality.
"Controversial permit" means a water permitting action for
					 which a public hearing has been granted pursuant to
					 9VAC25-220-170
					 and 9VAC25-220-175.
"Department" means the Department of Environmental
					 Quality.
"Existing beneficial consumptive user" means a person who
					 is currently withdrawing water from a stream for a beneficial use and not
					 returning that water to the stream near the point from which it was
					 taken.
"Investor-owned water company" means a water supplier owned
					 by private investors which operates independently of the local government and
					 is regulated by the Department of Health.
"Nonconsumptive use" means the use of water withdrawn from
					 a stream in such a manner that it is returned to the stream without substantial
					 diminution in quantity at or near the point from which it was taken and would
					 not result in or exacerbate low flow conditions.
"Public hearing" means a fact-finding proceeding held to
					 afford interested persons an opportunity to submit factual data, views, and
					 arguments to the department.
"Serious harm" means man induced reduction to the flow of a
					 surface water resource that results in impairment of one or more beneficial
					 uses.
"Surface water" means any water in the Commonwealth, except
					 groundwater as defined in § 62.1-255 of the Code of Virginia.
"Surface water management area" means a geographically
					 defined surface water area in which the board deemed the levels or supply of
					 surface water to be potentially adverse to public welfare, health, and
					 safety.
"Surface water withdrawal certificate" means a document
					 issued by the department as found in subsection D of § 62.1-243 of the
					 Code of Virginia.
"Surface water withdrawal permit" means a document issued
					 by the department evidencing the right to withdraw surface water.
"Water conservation program" means a program incorporating
					 measures or practices which will result in the alteration of water uses
					 resulting in reduction of water losses as contemplated by subsection B of
					 § 62.1-243 of the Code of Virginia.
"Water management program" means a program incorporating
					 measures or practices which will result in the alteration of water uses
					 resulting in reduction of water losses as contemplated by subsection C of
					 § 62.1-243 of the Code of Virginia.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.