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2006 SESSION
(HB1185)GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1185, which would significantly alter protection for riparian rights in the Commonwealth.
The common law of Virginia establishes a framework that protects the riparian rights of those who use our waterways for agricultural, municipal, industrial, recreational and other beneficial uses. This bill would elevate agricultural use to a preferred position in a way that could have significant long-term consequences for downstream uses (including farms, municipal water systems and industry). It could also negatively affect a four year-long effort to undertake water supply planning for our Commonwealth.
My administration is working with farmers in a cooperative spirit to make sure that new regulations address the concerns of all stakeholders. This is the appropriate way to address this subject.
Accordingly, I am vetoing this bill.
GOVERNOR'S RECOMMENDATION
1. Line 13, enrolled, after will
strike
preserve minimum in-stream flows necessary for the protection of
unstrike
protect instream
2. Line 165, enrolled, after L.
strike
the remainder of line 165 and all of lines 166 through 171
insert
Riparian landowners shall be able to withdraw a reasonable amount of water for use on their riparian lands to the extent such withdrawals will not adversely impact the uses of other riparian landowners or other beneficial uses. The Board may exempt small withdrawals by riparian landowners from permitting requirements if such withdrawals will have minimal adverse impacts on other beneficial uses.