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1999 SESSION
993660260Patrons-- Baskerville, Cantor, Hall, Jones, D.C., McEachin and Rhodes; Senators: Lambert, Marsh and Watkins
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-245 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-245. Agreements among persons withdrawing surface water.
In the administration of this chapter, the Board shall encourage, promote and
recognize voluntary agreements among persons withdrawing surface water in the
same surface water management area. When the Board finds that any such
agreement, executed in writing and filed with the Board, is consistent with the
intent, purposes and requirements of this chapter, the Board shall approve the
agreement. The agreement, until terminated, shall control in lieu of a formal
order, rule, or regulation of or permit issued by the Board under the
provisions of this chapter. Any agreement shall specify the amount of water affected thereby.
Any agreement approved by the Board may include conditions which can result in
its amendment or termination by the Board, following a public hearing pursuant
to § 9-6.14:7.1, held after at least thirty days’ notice, if the Board finds
that it or its effect is inconsistent with the intent, purposes and requirements of this chapter. Such conditions may include (i) a determination by
the Board that the agreement originally approved by the Board will not further
the purposes of this chapter, or (ii) a determination by the Board that
circumstances have changed such that the agreement originally approved by the Board will
no longer further the purposes by this chapter, or (iii) one or more parties to
the agreement is not fulfilling its commitments under the agreement.