CHAPTER 169

An Act to amend and reenact § 62-190, as amended, of the Code of
Virginia, relating to obstructing the tributaries of the Big Sandy
River; penalties for violations.

[H 823]

Approved March 12, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 62-190, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 62-190.—(a) If any person place any dam or other obstruction in *
any tributary 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 Big Sandy River or any of its tributaries, any dirt, stone,
coal, slate, cinders, mine refuse, trees, timber, logs, garbage or any other
material or substance so as to in anywise 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, cin-
ders, mine refuse, trees, timber, logs, garbage 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 anywise narrow, fill 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
cause 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 threat-
ened 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
interested person to change its right of way where practicable so as to
permit the increased flow of water.