CHAPTER 561

An Act to amend the Code of Virginia by adding in Title 10 a chapter
numbered 1.1 containing sections numbered 10-17.1 through 10-17.9,
prescribing additional powers and duties to the Board of Conserva-
tion and Economic Development relating to the conservation and use
of the State’s water resources and requiring departments, commis-
stons, boards, agencies, officers, institutions and political subdivisions
of the State to cooperate with the Board; and to repeal § 10-114 of the
Code of Virginia relating to the Committee on Water Resources.

[S 899]
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 10 a chapter
numbered 1.1 containing sections numbered 10-17.1 through 10-17.9 as
follows:

§ 10-17.1. Being cognizant of the crucial importance of the State’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 of the State, and recognizing the necessity for con-
tinuous cooperative planning and effective State-level guidance in the use
of water resources, the Board is assigned the responsibility for planning
the development, conservation and utilization of Virginia’s water resources.

The Board shall proceed as rapidly as possible to study the existing
water resources of this State, means and methods of conserving and
augmenting such water resources, and existing and contemplated uses
and needs of water for all purposes. Based upon such studies 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 State and issue a
statement thereof. In formulating the State’s water resources policy the
Board shall, among other things, take into consideration the following
principles and policies:

(1) Existing water rights are to be protected and preserved sub-
ject 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
beneficia] 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 pur-
poses 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
p ses be achieved for the maximum economic development thereof for
the benefit of the State as a whole;

(4) In considering the benefits to be derived from drainage, con-
sideration 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 pos-
sible, for the preservation of balanced multiple uses, and project construc-
tion 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 sub-
sequent revisions thereof shall be furnished by the Board to all State agen-
cies and to all political subdivisions of the State.

§ 10-17.2. The Board shall upon application of any State agency
or political subdivision, and may upon its own motion recommend a plan
to resolve any conflict as to actual or proposed water use or other practic
directly affecting water use that involves a potential or existing conflic
between water use functions under the jurisdiction of different Stat
agencies. If requested by any State agency or political subdivision direct]
affected, or at the Board’s discretion, the Board shall hold public hearing
on such ‘question at which all persons concerned shall be heard.

§ 10-17.3. (a) The Board shal] devise plans and programs fo
the development of the water resources of this State in such a manner a
to encourage, promote and secure the maximum beneficial use and contre
thereof. These plans may include comprehensive water and related lan
resource plans for each major river basin of this State, including specific
ally the Potomac-Shenandoah River Basin, the Rappahannock River Basir
the York River Basin, the James River Basin, the Chowan River Basin, th
Roanoke River Basin, the New River Basin, the Holston River Basin, th
Clinch River Basin, the Big Sandy River Basin, and for those areas i
the Tidewater and elsewhere in the State not within these major rive
basins, or for portions of such basins or areas. The Board may, and upo
the written request of a political subdivision of the State located in whol
or in part in any such basin or area shall, as to such basin or area, estak
lish advisory committees to assist it in formulation of such plans or pr
grams. In this connection, the Board may cooperate with all branches o
agencies of the federal government, with all branches or agencies of th
government of any state in a river basin located within that state an
Virginia, with the political subdivisions of the State, and with all person
and corporations interested in or directly affected by any proposed o
existing plan or program.

(b) Except as otherwise authorized by this chapter or any othe
provision of law the Board shall not take action to implement such plan
or programs but shall recommend to the General Assembly any addition:
legislation that the Board may deem necessary or desirable for the accom
plishment of such plans or programs.

§ 10-17.4. The Board may make available technical advice and ir
formation on water resources to any agency or political subdivision ©
this State, any committee, association or person interested in the cor
servation or use of water resources, any interstate agency or any agenc
of the federal government, all for the purpose of assisting in the prepars
tion or effectuation of any plan or program concerning the use or control 0
the water resources of this State in harmony with the State water resource
policy or otherwise with the public interest in encouraging, promotin
and securing the maximum beneficial use and control of the water resource
of this State.

§ 10-17.5. The Board shall advise the Governor and the General A:
sembly as to all matters relating to the State’s water resources polic
and shall report annually to them on the status of the State’s water re
sources.

§ 10-17.6. (1) In all matters directly related to conservation 0
use of the State’s water resources, except as otherwise provided by lav
the Board is authorized to speak and act for the State in all relations wit
the federal government or with the government of other states or wit
interstate agencies or authorities directly concerning conservation or us
-* the State’s water resources.

(2) In regard to such matters, the Board, or such person or Stat
agency designated by it, may appear and testify for the State before an
committee of the United States Congress or any branch or agency of th
fadaral anvernment or the legislature or any enonrt ar eammicann of an
CHS. 561, 562] ACTS OF ASSEMBLY 747

(a) Call upon the other agencies and political subdivisions of this
State to furnish or make available to the Board information concerning
the water resources of this State which such State agencies or political
pedi istons have acquired or may acquire in the performance of their
unctions.

(b) Cooperate with the other agencies or political subdivisions of
the State in utilizing the services, records and other facilities of such
agencies or political subdivisions to the maximum extent practicable.

(2) All officers and employees of the State or the political subdivi-
sions of the State shall cooperate with the Board in the discharge of its
duties and in effectuating the water resources policy of the State.

(3) Upon receipt and approval by the Board of a claim therefor,
any special or extraordinary expense incurred by any other agency or
political subdivision of this State in cooperating with the Board under
subsections (1) and (2) of this section shall be paid to such other agency
or political subdivision of the State.

§ 10-17.8. In addition to other powers conferred by the foregoing
sections, the Board shall have the following powers:

(a) To administer all funds available to the Board for carrying out
the purposes and duties prescribed in §§ 10-17.1 through 10-17.8;

(b) To disburse funds to any department, commission, board,
agency, officer or institution of the State, or any political subdivision
thereof for carrying out such purposes;

(c) To apply to any appropriate agency or officer of the United
States for participation in or the receipt of aid from federal programs
respecting or related to conservation or development of the State’s water
and related land resources;

(d) To act either independently or jointly with any department,
commission, board, agency, officer or institution of the State or any pol-
eae subdivision thereof in order to carry out the Board’s powers and

uties;

(e) To accept gifts, bequests and any other things to be used for
carrying out its purposes, powers and duties.

§ 10-17.9. (a) Nothing in this chapter shall be construed as su-
perseding any provisions of Chapter 1 of Title 21 or Chapter 2 of Title 62
of this Code, or as limiting or affecting any powers, duties or responsibili-
ties conferred or imposed heretofore or hereafter on the Virginia Soil
and Water Conservation Commission or the State Water Control Board

ereby.

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

2. That § 10-114 of the Code of Virginia is hereby repealed and the
Committee on Water Resources provided for therein is hereby abolished.