CHAPTER 467

An Act to amend the Code of Virginia by adding thereto a new chapter
in Title 62 numbered 7.3, consisting of §§ 62-117.8, 62-117.9, 62-117.10,
and 62-117.11, relating to cooperation by cities in the Commonwealth
situated on navigable streams with the United States of America in
connection with the improvement of the navigability of such reer

77)
Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding thereto a new chap-
ter to Title 62 numbered 7.3, consisting of §§ 62-117.8, 62-117.9, 62-117.10
and 62-117.11 as follows:

CHAPTER 7.3
Improvement of Navigability of Streams

§ 62-117.8. The cities in the Commonwealth situated on navigable
streams shall have the power to cooperate with the United States of
America in the improvement of the navigability of such streams involving
the deepening, widening and straightening the channel thereof and making
provision for turning basins at terminals and mooring areas thereon.

§ 62-117.9. In order to execute the purposes and objectives declared
in § 62-117.8, the cities therein defined shall have the power to give assur-
ances to the United States of America that they will:

1. Furnish or cause to be furnished, free of cost to the United States,
when and as required by its duly authorized representatives, lands, ease-
ments and rights of way and spoil or dredged material disposal areas,
unrestricted in disposal elevations, for the shore disposal of material to
be initially dredged and for future maintenance of such improvements
within and without such cities;

2. Furnish or cause to be furnished, when and as so required, permits
or easements for ingress to and egress from highways to such shore dis-
posal areas, and permits or easements to construct pipeline trestles across
oyster and clamming grounds and to lay dredge pipelines across lands
adjacent to such shore disposal areas within and without such cities;

8. Subject to all applicable laws, secure such releases or permits,
either or both, as may be required, holding and saving the United States,
its contractors and assigns free from any and all claims for damages to
public or privately owned oyster and clamming grounds resulting or attrib-
utable to the accomplishment of the initial dredging or subsequent mainte-
nance of such improvements, either or both;
_ 4. Secure such releases or permits, either or both, as may be so re-
uired, holding and saving the United States, its contractors and assigns
free from any and all claims (a) for damages resulting from any change
in the natural course of such rivers, (b) for damages resulting from
blasting operations in the removal of rock or changes in ground water
levels, and (c) for costs resulting from provision and operation of any
bridges or ferries that may be necessary for furnishing connection between
the main land and any islands created by channel cutoffs;

5. Relocate or cause to be relocated, at no cost to the United States,
when necessary, roads, bridges, waterfront structures, sewerage, water
supply, storm drainage, electric power, and other utility facilities within
and without such cities, except those which the United States has thereto-
fore permitted to be constructed in, under or over such rivers; a.

6. Construct, maintain, expand and operate such terminal facilities
within such cities which may be required to accommodate prospective
foreign and domestic commerce expected to develop from the improvement
of the channel of such rivers, the extent of such facilities to be mutually
agreed to by the council of such cities and the duly authorized representa-
tives of the United States; and

7. Contribute funds to the United States necessary to construct, ex-
tend and maintain mooring or berthing areas immediately adjacent to
river terminals of such cities when necessary because of expansion of such
terminal facilities.

§ 62-117.10. The cities defined in § 62-117.8 shall have the power to
irrevocably bind themselves to do any and all things necessary to perform
or execute the assurances authorized to be given pursuant to § 62-117.9.
anything in the charters of such cities to the contrary notwithstanding.

§ 62-117.11. Claims for damages to oyster and clamming grounds
may be asserted in the courts having jurisdiction in the county or city in
which such damages occur.