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2019 SESSION

19104219D
HOUSE BILL NO. 2064
Offered January 9, 2019
Prefiled January 7, 2019
A BILL to amend and reenact §§ 62.1-44.36, 62.1-44.44, and 62.1-255 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 62.1-44.35.1, 62.1-263.1, and 62.1-266.1, relating to ground water withdrawal; allocation.
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Patron-- Carr
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That §§ 62.1-44.36, 62.1-44.44, and 62.1-255 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 62.1-44.35.1, 62.1-263.1, and 62.1-266.1 as follows:

§ 62.1-44.35.1. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Board" means the State Water Control Board.

"Department" means the Department of Environmental Quality.

"Ground water" means any water, except capillary moisture, beneath the land surface in the zone of saturation or beneath the bed of any stream, lake, reservoir, or other body of surface water wholly or partially within the boundaries of the Commonwealth, whatever the subsurface geologic structure in which such water stands, flows, percolates, or otherwise occurs.

"Human consumption" means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.

"Surface water" means any water in the Commonwealth, except ground water.

"Water" means all waters, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction.

§ 62.1-44.36. Responsibility of State Water Control Board; formulation of policy.

Being cognizant of the crucial importance of the Commonwealth's water resources to the health and welfare of the people of Virginia, and of the need of a water supply to assure further industrial growth and economic prosperity for the Commonwealth, and recognizing the necessity for continuous cooperative planning and effective state-level guidance in the use of water resources, the State Water Control Board is assigned the responsibility for planning the development, conservation and utilization of Virginia's water resources.

The Board shall continue the study of existing water resources of this Commonwealth, means and methods of conserving and augmenting such water resources, and existing and contemplated uses and needs of water for all purposes. Based upon these studies and such policies as have been initiated by the Division of Water Resources Department, and after an opportunity has been given to all concerned state agencies and political subdivisions to be heard, the Board shall formulate a coordinated policy for the use and control of all the water resources of the Commonwealth and issue a statement thereof. In formulating the Commonwealth's water resources policy, the Board shall, among other things, take into consideration but not be limited to the following principles and policies:

(1) Existing water rights State waters are to be protected and preserved subject to the principle that all of the state waters belong to the public for use by the people for beneficial purposes without waste;

(2) Adequate and safe supplies should be preserved and protected for human consumption, while conserving maximum supplies for other beneficial uses. When proposed uses of water are in mutually exclusive conflict or when available supplies of water are insufficient for all who desire to use them, preference shall be given to human consumption purposes over all other uses;

(3) It is in the public interest that integration and coordination of uses of water and augmentation of existing supplies for all beneficial purposes be achieved for the maximum economic development thereof for the benefit of the Commonwealth as a whole;

(4) In considering the benefits to be derived from drainage, consideration shall also be given to possible harmful effects upon ground water supplies and protection of wildlife;

(5) The maintenance of stream flows sufficient to support aquatic life and to minimize pollution shall be fostered and encouraged;

(6) Watershed development policies shall be favored, whenever possible, for the preservation of balanced multiple uses, and project construction and planning with those ends in view shall be encouraged;

(7) Due regard shall be given in the planning and development of water recreation facilities to safeguard against pollution.

The statement of water resource policy shall be revised from time to time whenever the Board shall determine it to be in the public interest.

The initial statement of state water resource policy and any subsequent revisions thereof shall be furnished by the Board to all state agencies and to all political subdivisions of the Commonwealth.

§ 62.1-44.44. Construction of chapter.

Nothing in this chapter shall be construed as altering, or as authorizing any alteration of, any existing riparian rights or other vested rights in surface water or surface water use.

§ 62.1-255. Definitions.

As used in this chapter, unless the context requires otherwise:

"Beneficial use" includes, but is not limited to, domestic (including public water supply), agricultural, commercial, and industrial uses.

"Board" means the State Water Control Board.

"Department" means the Department of Environmental Quality.

"Eastern Virginia Groundwater Management Area" or "EVGMA" means the ground water management area created pursuant to the Ground Water Management Act of 1992 (§ 62.1-254 et seq.) and encompassing the Cities of Chesapeake, Franklin, Hampton, Hopewell, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Counties of Charles City, Essex, Gloucester, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northumberland, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York; and those areas lying east of Interstate 95 that are located within the Counties of Caroline, Chesterfield, Fairfax, Hanover, Henrico, Prince William, Spotsylvania, and Stafford.

"Ground water" means any water, except capillary moisture, beneath the land surface in the zone of saturation or beneath the bed of any stream, lake, reservoir or other body of surface water wholly or partially within the boundaries of this Commonwealth, whatever the subsurface geologic structure in which such water stands, flows, percolates or otherwise occurs.

"Ground water withdrawal permit" means a certificate issued by the Board permitting the withdrawal of a specified quantity of ground water in a ground water management area.

"Human consumption" means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.

"Human consumption permittee" means an applicant for a ground water withdrawal permit that proposes to use 50 percent or more of the ground water to be withdrawn for human consumption, as determined by the Board.

"Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this Commonwealth or any other state or country.

"Surficial aquifer" means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.

§ 62.1-263.1. Eastern Virginia Groundwater Management Area; human consumption; technical evaluation; criteria for issuance of permits.

A. Notwithstanding any other provision of this chapter, any person submitting an application for a ground water withdrawal permit in the Eastern Virginia Groundwater Management Area (EVGMA) that desires to be considered a human consumption permittee shall submit documentation to the Board demonstrating that 50 percent or more of the proposed withdrawal will be used for human consumption. No person in the EVGMA that fails to submit such documentation to the satisfaction of the Board shall be treated as a human consumption permittee.

B. In evaluating permit applications for withdrawals in the EVGMA, the Board shall conduct a technical evaluation of the effects of the proposed ground water withdrawal with the stabilized cumulative effects of all existing lawful withdrawals to determine whether the proposed withdrawal will lower water levels in any confined aquifer.

The Board shall issue no ground water withdrawal permit to a human consumption permittee in the EVGMA if such evaluation shows that the withdrawal will lower water levels in any confined aquifer below a point that represents 80 percent of the distance between the land surface and the top of the aquifer.

The Board shall issue no ground water withdrawal permit to an applicant in the EVGMA that does not qualify as a human consumption permittee if such evaluation shows that the withdrawal will lower water levels in any confined aquifer below a point that represents eight percent of the distance between the land surface and the top of the aquifer.

Nothing in this section shall be construed to prevent the Board from issuing a ground water withdrawal permit with terms that are more restrictive than those established in this section.

§ 62.1-266.1. Eastern Virginia Groundwater Management Area; human consumption; technical evaluation and permit modification for existing ground water withdrawal permits.

A. For purposes of this section, "existing human consumption permittee" means a person that (i) holds a ground water withdrawal permit as of July 1, 2019, in the Eastern Virginia Groundwater Management Area (EVGMA) and (ii) used 50 percent or more of the ground water withdrawn during the 12-month period ending July 1, 2020, for human consumption, as determined by the Board.

B. Notwithstanding any other provision of this chapter or the terms of any ground water withdrawal permit issued pursuant to this chapter, any person that holds a ground water withdrawal permit in the EVGMA as of July 1, 2019, and that desires to be considered an existing human consumption permittee shall submit water use data to the Board before August 1, 2020, demonstrating that 50 percent or more of the ground water withdrawn by the permit holder in the 12 months ending July 1, 2020, was used for human consumption. No person in the EVGMA that fails to submit such data to the satisfaction of the Board shall be treated as an existing human consumption permittee.

C. Notwithstanding any other provision of this chapter or the terms of any ground water withdrawal permit issued pursuant to this chapter, before July 1, 2021, the Board shall conduct a technical evaluation of the effects of the ground water withdrawal for each permit holder in the EVGMA as of July 1, 2019, to determine whether the withdrawal authorized by each such ground water withdrawal permit with the stabilized cumulative effects of all existing lawful withdrawals will lower water levels in any confined aquifer.

If the Board determines that a withdrawal for an existing human consumption permittee in the EVGMA will lower water levels in any confined aquifer below a point that represents 80 percent of the distance between the land surface and the top of the aquifer, the Board shall modify the permit and change any terms necessary to ensure that the withdrawal will not lower water levels below such point.

If the Board determines that a withdrawal by a person that is not an existing human consumption permittee in the EVGMA will lower water levels in any confined aquifer below a point that represents eight percent of the distance between the land surface and the top of the aquifer, the Board shall modify the permit and change any terms necessary to ensure that the withdrawal will not lower water levels below such point.

The Board is authorized to charge a fee, not to exceed $10,000, to each permittee in the EVGMA as of July 1, 2019, for the cost of the technical evaluation required by this subsection. No action required by this subsection shall constitute the issuance of a new ground water withdrawal permit or change the expiration date of a ground water withdrawal permit.

D. The provisions of this section shall expire on July 1, 2021.