CHAPTER 257

An Act to amend and reenact § 62-190 of the Code of Virginia, relating
to obstructing Levisa fork of Big Sandy River, providing penalties
for violations and authorizing injunctions. _

[ H 562)

Approved March 11, 1960

Be it enacted by the General Assembly of Virginia:
1. That § 62-190 of the Code of Virginia be amended and reenacted as
follows:

§ 62-190. (a) If any person place any dam or other obstruction in
the * Levisa fork of Big Sandy River so as to prevent the free passage of
timber, or any raft or boat, he shall be fined not less than fifty nor more
than five hundred dollars; and, upon conviction thereof, the court or *
judge of the County court shall order the dam or other obstruction to be
removed at his expense.

(b) It shall also be unlawful for any person to dump, place or put,
or cause to be dumped, placed, or put into, upon the banks of or into the
channels of Levisa fork of Big Sandy River or any of its tributaries, any
dirt, stone, coal, slate, cinders, mine refuse, trees, tumber, logs or any
other material or substance so as to in any wise narrow, fill or restrict or
partially narrow, fill or restrict the channels of said streams or impede
the natural flow of the waters of said river or any of its tributaries or
dump, place or put, or cause to be dumped, placed or put any dirt, stone,
coal, slate, cinders, mine refuse, trees, timber, logs or any other material,
or substance where the same does by natural rainfall or flow of water
become washed or otherwise carried into, upon the banks of, or into the
channels of, such river or any of its tributaries so as to in any wise narrow,
ful or restrict or partially narrow, fill or restrict the channels of any of
said streams or impede the natural flow of the waters thereof. Any person
who violates any provision of this law shall be guilty of a misdemeanor
and upon conviction be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars or by confinement in jail not
more than twelve months or both such fine and imprisonment. Each day
that any of said materials or substances so dumped, placed or put, or
caused to be dumped, placed or put into or so allowed to be washed or other-
wise so carried into, upon the banks of or into the channels of, said streams
shall constitute a separate offense and be punished as such.

(c) In addition to the foregoing penalties for violation of this law,
the judge of the circuit court of the county wherein any such violation
occurs, whether there be a criminal conviction therefor or not shall, upon
a bill in equity, filed by the attorney for the Commonwealth of such county
or by any person whose property is damaged or whose property is
threatened with damage from any such violation, award an injunction
enjoining any violation of this law by any person found by the court in such
suit to have violated this law or causing the same to be violated, when
made a party defendant to such suit.

(d) This section shall not be construed to restrict the construction
or reconstruction of highways, or the construction or reconstruction of the
right of way of any company subject to the State Corporation Commis-
sion, or the maintenance thereof in either case, provided the channel there-
after continues to permit a flow of water in such stream at least as large
as that prevailing theretofore, provided that if the channel above the point
of such work be widened or deepened subsequently then such company
may be required by the circuit court of the county on petition of any inter-
ested person to change its right of way where practicable so as to permit
the increased flow of water.

An emergency exists and this act is in force from its passage.