Chap. 346.—An ACT to amend and re-enact sections 1, 2 and 12 of an act entitled,
an act declaring the control of the Commonwealth over the waters of the State
and providing for the development of the water power resources in this State,
and in furtherance thereof and incident thereto, among other things, defining
the waters of the State, conferring on public service corporations engaged in
the development of water power in this State certain powers of eminent domain,
providing for the exercise of such control by the State through the agency of
the State corporation commission and regulating the construction of dams and
other structures included in such development, approved March 24, 1928; and
authorizing the granting or refusal by the corporation commission of Virginia
of application for licenses to construct or reconstruct dams across rivers and
streams in this State, whether waters of the State or not and whether the ap-
plicant is or is not required by law to procure such license and prohibiting the
utilization of any dam constructed or reconstructed without license after July
1, 1932, for the purpose of generating hydro-electric energy in public service
unless or until licensed or permitted so to do by the State corporation com-

mission, [H B 258]
Approved March 26, 1932

1. Be it enacted by the general assembly of Virginia, That sections
one, two and twelve of an act entitled an act declaring the control of
the Commonwealth over the waters of the State and providing for the
development of the water power resources in this State, and in fur-
therance thereof and incident thereto, among other things, defining the
waters of the State, conferring on public service corporations engaged
in the development of water power in this State certain powers of
eminent domain, providing for the exercise of such control by the
State through the agency of the State corporation commission and
regulating the construction of dams and other structures included in
such development, approved March twenty-fourth, nineteen hundred
and twenty-eight, be amended and re-enacted so as to read as follows:

Section 1. In order to conserve and utilize the otherwise wasted
energy from the water powers in this State, it is hereby declared to be
the policy of the State to encourage the utilization of the water re-
sources in the State to the greatest practicable extent and to control
the waters of the State, as herein defined, and also the construction or
reconstruction of a dam in any rivers or streams within the State for
the generation of hydro-electric energy for use or sale in public serv-
ice, all as hereinafter provided. The term waters of the State as used
in this act shall mean, (a) any stream or that portion of any streams
in this State which prior to the passage of this act has been declared
navigable by any unrepealed statute of this State, or (b) any stream
or that portion of any stream in this State, the bed of which is owned
by the Commonwealth, or (c) those parts of streams or other bodies
of water in this State which either in their natural or improved con-
dition, notwithstanding interruptions between the navigable parts of
such streams or waters by falls, shallows, or rapids, compelling land
carriage, are used or suitable for use for the transportation of persons
or property in interstate or foreign commerce, including therein all
such interrupting falls, shallows, or rapids, and also any stream or
part thereof in this State other than those above mentioned in this sub-
division (c) in which the construction of any dam or works as author-
ized by this act would affect the interests of interstate or foreign com-
merce. The control and regulation on the part of the State of the de-
velopment of the waters of the State shall be paramount, and shall be
exercised through the agency of the State corporation commission,
provided, however, nothing contained in this act shall deprive any
riparian owner of any right which said owner may have, under exist-
ing law, except by due and further process of law upon the exercise of
eminent domain and upon the payment of just compensation for any
such right.

Section 2. No person, firm, association or corporation, private or
municipal, proposing to construct or reconstruct any dam across or
in the waters of the State, as defined in section one, or a dam in any
rivers or streams within the State when such dam is for the purpose
of generating hydro-electric energy for use or sale in public service,
shall begin the construction or reconstruction of any such dam unless
and until the provisions of this act shall have been complied with, and
every such dam shall in every respect be subject to the provisions of
this act and such other general laws of the State as may be applicable
thereto. Nor shall any dam constructed or reconstructed after July
first, nineteen hundred and thirty-two, in any waters, rivers or streams
within the State, without a license under this act, be utilized at any
time for the purpose of generating hydro-electric energy for use or
sale, directly or indirectly, in public service, unless and until licensed
or permitted so to do by order of the State corporation commission,
after hearing, and finding that the public interest will be thereby pro-
moted or will not be detrimentally affected.

The word dam as used in this act is intended to include the appurt-
enant pondage area or any part thereof. ,

Section 12. Any person, firm, assOciation or corporation, private
or municipal, which on or before January first, nineteen hundred and
twenty-eight, had constructed or acquired and on said date or within
two years prior thereto was utilizing, a water power development or
developments, including the appurtenant pondage area or areas, and
which would be subject to compliance with the provisions of this. act
under the terms of section two hereof, or any person, firm, association
or corporation, private or municipal, which since January first, nine-
teen hundred and twenty-three and prior to June seventeenth, nineteen
hundred and twenty-eight, had expended not less than fifty thousand
($50,000) dollars, in the investigation of, the survey of, the acquisition
of lands and/or rights for, and/or the construction of any water power
development or developments, and which would be subject to com-
pliance with the provisions of this act under the terms of section two
hereof, as shall also its lessees, successors and assigns, have as to such
development or developments, and any reconstruction or enlargement
thereof, all the rights and powers conferred by this act, to the same
extent as if such person, firm, association or corporation were a licensee
under this act, without filing any application and obtaining a license
hereunder, but no such corporation shall exercise any of the additional
powers of eminent domain conferred by this act and not existing under
the law in effect January first, nineteen hundred and twenty-eight, un-
less such corporation shall obtain a license under this act with respect
to the development affected; provided that unless such person, firm,
association or corporation, private or municipal, begins construction
within two years and completes the construction for which said survey
lias been made within five years after June seventeenth, nineteen hun-
dred and twenty-eight, then as to said development the above pro-
visions as to proceedings without a license and the provisions in this
act as to priority shall not apply; and provided further, no such per-
son, firm, association or corporation, other than a public service cor-
poration, shall be vested with any rights and powers under section
eleven of this act. The commission shall, however, have full power to
require such changes, if any, in the dam or dams of such development
as may be reasonably necessary for the protection of life and property.

(a) It is, further, provided that any person, firm, association or
corporation, private or municipal, though not required by this act to
obtain a license to erect a dam, may nevertheless apply to the corpora-
tion commission for and obtain a license for the construction or recon-
struction of a dam across any river or stream in this State, whether it
fall within the definition of waters of the State or not; and the cor-
poration commission is then hereby empowered to grant or refuse such
license in all respects as if the river or stream were included within the
definition of waters of the State and/or the applicant were required to
procure a license hereunder.