62.1-261 - Permits for existing ground water withdrawals in newly established ground water management areas.
§ 62.1-261. Permits for existing ground water withdrawals in newlyestablished ground water management areas.
A. Persons withdrawing ground water in any area declared a ground watermanagement area on or after July 1, 1992, shall file an application withinsix months after the ground water management area has been declared in orderto obtain a permit for withdrawals. The Board shall issue permits for thetotal amount of ground water withdrawn during any consecutive twelve-monthperiod in the five years preceding said declaration, together with suchsavings as can be demonstrated to have been achieved through waterconservation.
B. Persons withdrawing ground water for agricultural or livestock wateringpurposes in any area declared a ground water management area on or after July1, 1992, shall file an application within six months after the ground watermanagement area has been declared in order to obtain a permit forwithdrawals. The Board shall issue permits for the total amount of groundwater withdrawn during any consecutive twelve-month period in the ten-yearperiod preceding such declaration, together with such savings as can bedemonstrated to have been achieved through water conservation.
C. Persons withdrawing ground water in any area declared a ground watermanagement area on or after July 1, 1992, may continue such withdrawal untilthe required permit application is acted on by the Board, provided that thepermit application is filed within the six-month period following thedeclaration.
D. Persons applying for a ground water withdrawal permit issued pursuant tothis section may request that they be permitted to withdraw more ground waterthan the amount to which they may be entitled based on their historic usageas set forth in this section. The Board in its discretion may issue a permitfor a greater amount than that which is based on historic usage, uponconsideration of factors set forth in § 62.1-263.
E. Failure by any person covered by the provisions of subsection A or B tofile an application for a ground water withdrawal permit within the sixmonths following the declaration of the ground water management area createsa presumption that any claim to withdraw ground water based on history ofusage has been abandoned. In reviewing any application for a ground waterwithdrawal permit subsequently made by such a person, the Board shallconsider the factors set forth in § 62.1-263.
(1992, c. 812.)