CHAPTER 330

An Act to fix and declare the policy of the State in regard to certain
waters and to provide for the application of such policy to existing

uses.
[H 571]
Approved April 1, 1954

Be it enacted by the General Assembly of Virginia:

1. §1. As used herein, the following terms shall have the meanings
respectively ascribed to them:

(a) “Water” includes all waters of any river, stream, creek, branch,
lake, pond, impounding reservoir, bay, roadstead, estuary, inlet, and
bodies of surface waters, natural or artificial, wholly or partially within
or bordering the State or within its jurisdiction and which affect the
public welfare.

(b) “Beneficial use’? means domestic, agricultural and commercial
and industrial uses.

§ 2. (a) Such waters are a natural resource which should be regu-
lated by the State;
(b) The regulation, control, development and use of waters for all
purposes beneficial to the public are within the jurisdiction of the State
which in the exercise of its police powers may establish measures to
effectuate the proper and comprehensive utilization and protection of
such waters.

(c) The changing wants and needs of the people of the State may
require the water resources of the State to be put to uses beneficial to
the public to the extent of which they are reasonably capable; the waste
or unreasonable use or unreasonable method of use of water should be
prevented; and the conservation of such water is to be exercised with a
view to the welfare of the people of the State and their interest in the
reasonable and beneficial use thereof.

(d) The public welfare and interest of the people of the State
requires the proper development, wise use, conservation and protection of
water resources together with protection of land resources, as affected

ereby.

(e) The right to the use of water or to the flow of water in or from
any natural stream, lake or other watercourse in this State is and shall be
limited to such water as may reasonably be required for the beneficial use
of the public to be served; such right shall not extend to the waste or
unreasonable use or unreasonable method of use of such water.

§ 3. Nothing in this act shall operate to affect any existing valid
use of such waters or interfere with such uses hereafter acquired, nor
shall it be construed as applying to the determination of rights in any
proceeding now pending or hereafter instituted.

§ 4. Nothing in this act contained shall be construed as a declara-
tion of policy of the State to divest any county, city or town of its title
or right to any water or of its powers conferred by law with respect to
the disposition thereof; nor shall anything in this act be construed to
authorize the impairment of any contract to which such county, city or
town is a party, or to obligate any county, city or town to appropriate or
expend any funds. The purpose of this section is to recognize the public
use to which such water is devoted.