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2001 SESSION

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HB 1907 Potomac River Riparian Rights and Permitting Act.

Introduced by: Vincent F. Callahan, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Potomac River Riparian Rights and Permitting Act; permits for water withdrawals; construction of improvements appurtenant to the Virginia shore. Authorizes the State Water Control Board to establish requirements for the withdrawal of water from the Potomac River and to issue Potomac River Water Appropriation Permits (water appropriation permits) for such withdrawals. Such permits will be valid for 10 years and may be renewed for additional terms upon written application. Any person withdrawing water from the Potomac River is required to obtain a permit and any such permit issued for withdrawal of water from the portion of the Potomac River subject to the Potomac River Low Flow Agreement of 1978 must contain provisions subjecting the permittee to the low flow allocation formula established by that agreement. The bill also provides that no Virginia user of the Potomac River will be required to obtain a water appropriation permit from the State of Maryland in order to withdraw water from the river. The Board shall issue a permit to any Virginia user holding a permit from the State of Maryland for withdrawal of the same quantity of water. The bill provides that any person constructing a wharf, water intake, or other structure or improvement appurtenant to his property on the Virginia shore of the river below the low water mark be allowed to do so after obtaining the permits required by the U.S. Army Corps of Engineers and any permits required under state law. The authority of the State of Maryland to impose permitting requirements for construction activity beyond those required by federal law is not recognized by the Commonwealth.


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