9 Va. Admin. Code § 25-220-60

Current through Register Vol. 40, No. 22, June 17, 2024

Section 9VAC25-220-60 - Agreements

A. The department shall encourage, promote and recognize voluntary agreements among persons withdrawing surface water in the same surface water management area.

B. When the department finds that any such agreement, executed in writing and filed with the department, is consistent with the intent, purposes and requirements of this chapter, the department shall approve the agreement following a public hearing.

C. The department shall provide at least 60 days' notice of the public hearing to the public in general and individually to those persons withdrawing surface water in the surface water management area who are not parties to the agreement and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies. The department shall be a party to the agreement.

D. The agreement, until terminated, shall control in lieu of a formal order, rule, or permit issued by the department or a regulation adopted by the board under the provisions of this chapter and shall be deemed to be a case decision under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Permits issued in accordance with this chapter shall incorporate the terms of this agreement.

E. Any agreement shall specify the amount of water affected by it.

F. Any agreement approved by the department may include conditions that can result in its amendment or termination by the department following a public hearing if the department finds that it or its effect is inconsistent with the intent, purposes and requirements of this chapter. Such conditions include the following:

1. A determination by the department that the agreement originally approved by the department will not further the purposes of this chapter;

2. A determination by the department that circumstances have changed such that the agreement originally approved by the department will no longer further the purposes of this chapter; or

3. One or more of the parties to the agreement is not fulfilling its commitments under the agreement.

The department shall provide at least 60 days' notice of the public hearing to the public and individually to those persons withdrawing surface water in the surface water management area who are not parties to the agreement and shall make a good faith effort to so notify recreational user groups, conservation organizations and fisheries management agencies.

9 Va. Admin. Code § 25-220-60

Derived from VR680-15-03 §1.6, eff. June 3, 1992; amended, Virginia Register Volume 16, Issue 15, eff. May 10, 2000; Amended, Virginia Register Volume 32, Issue 10, eff. 2/25/2016; Amended, Virginia Register Volume 32, Issue 10, eff. 2/25/2016; Amended, Virginia Register Volume 39, Issue 5, eff. 11/23/2022.

Statutory Authority: § 62.1-249 of the Code of Virginia.