62.1-248 - Permits.
§ 62.1-248. Permits.
A. Any permit issued by the Board shall include a flow requirementappropriate for the protection of beneficial instream uses. In determiningthe level of flow in need of protection, the Board shall consider, amongother things, recreational and aesthetic factors and the potential forsubstantial and long-term adverse impact on fish and wildlife found in thatparticular surface water management area. Should this determination indicatea need to restrict water withdrawal, the Board shall consider, among otherthings, the availability of alternative water supplies, the feasibility ofwater storage or other mitigation measures, and the socioeconomic impacts ofsuch restrictions on the potentially affected water users and on the citizensof the Commonwealth in general.
In its permit decision, the Board shall attempt to balance offstream andinstream water uses so that the welfare of the citizens of the Commonwealthis maximized without imposing unreasonable burdens on any individual wateruser or water-using group. The decision to implement this balance mayconsist of approval of withdrawal without restriction, approval subject toconditions designed to protect instream uses from unacceptable adverseeffects, or disapproval of the withdrawal.
Permit conditions may include, but are not limited to, the following: (i)maximum amounts which may be withdrawn, (ii) times of the day or year duringwhich withdrawals may occur, and (iii) requirements for voluntary andmandatory conservation measures.
B. In considering whether to issue, modify, revoke, or deny a permit underthis section, the Board shall consider:
1. The number of persons using a stream and the object, extent and necessityof their respective withdrawals or uses;
2. The nature and size of the stream;
3. The types of businesses or activities to which the various uses arerelated;
4. The importance and necessity of the uses claimed by permit applicants, orof the water uses of the area and the extent of any injury or detrimentcaused or expected to be caused to instream or offstream water uses;
5. The effects on beneficial uses; and
6. Any other relevant factors.
C. Permits shall be transferable among users, subject to approval by theBoard.
D. In developing regulations governing the issuance of permits, the Boardshall prioritize among types of users. Domestic and existing uses shall begiven the highest priority in the issuance of permits for other beneficialuses. Included among existing uses shall be any projected use which has beenrelied upon in the development of an industrial project and for which apermit has been obtained by January 1, 1989, pursuant to § 404 of the CleanWater Act.
(1989, c. 721.)