Title of Regulation: 9VAC25-780. Local and Regional Water Supply Planning (amending 9VAC25-780-10, 9VAC25-780-20, 9VAC25-780-30, 9VAC25-780-50, 9VAC25-780-60 through 9VAC25-780-120, 9VAC25-780-140, 9VAC25-780-150, 9VAC25-780-160, 9VAC25-780-180; adding 9VAC25-780-45, 9VAC25-780-55, 9VAC25-780-125; repealing 9VAC25-780-40, 9VAC25-780-130).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 21, 2023.

Agency Contact: Hannah Somers, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-2780, or email hannah.somers@deq.virginia.gov.

Basis: Chapter 1105 of the 2020 Acts of Assembly directs the State Water Control Board to adopt regulations designating regional planning areas based primarily on river basins and states that the regulations shall identify the particular regional planning area in which each locality shall participate, and which local stakeholder groups shall or may participate in coordinated water resource planning. The amendments to §§ 62.1-44.36, 62.1-44.38, and 62.1-44.38:1 of the Code of Virginia also (i) require each locality to participate in cross-jurisdictional, coordinated water resources planning, and that each regional planning area submit a single jointly produced regional water supply plan, which shall clearly identify the region's water supply risks, propose cost-effective regional strategies to address these risks, and comply with all other applicable criteria and guidelines developed by the board; (ii) direct the board to predict the risk that each locality and region will experience water supply shortfalls; and (iii) require the board to direct the Department of Environmental Quality in its facilitation of regional planning efforts. Additionally, Chapter 331 of the 2022 Acts of Assembly requires the regulation to provide a mechanism for localities to request a change of a locality's designated regional planning area to an adjoining planning area that is based on water supply source, river basin, or existing or planned cross-jurisdictional relationship. Section 62.1-44.15 provides the board authority to promulgate this regulation.

Purpose: The purpose of the proposed amendments is to designate regional planning areas based primarily on river basins and to provide a framework to facilitate improved cross-jurisdictional regional planning as directed by Chapter 1105 of the 2020 Acts of Assembly. Water supply plans submitted under the current regulation were largely submitted by a single locality or a single locality and any incorporated towns and cities within its boundaries. This approach results in localities planning within their own political boundaries, which may not represent the most efficient or effective way to address shared water sources that cross jurisdictional boundaries. Protecting water supplies protects public welfare.

Regional planning enables localities and other water users to assess water sources in the context of their shared use with others in the region. This approach will promote a more accurate assessment of water sources to meet demands into the future and will promote cost-effective regional projects and strategies to address water supply shortfalls and risks to water supply, such as drought, while also improving the capability of localities to more efficiently pursue new economic development opportunities that often require significant water capacity. Additionally, the proposed amendments will allow interested parties to participate more directly.

Substance: The proposed amendments (i) establish regional planning areas, (ii) identify the particular regional planning area in which each locality shall participate, (iii) identify a procedure for localities to request a change to the locality's planning area, and (iv) require localities to invite stakeholder groups to participate in coordinated resource planning. The amendments also incorporate language to address new statutory requirements that the Department of Environmental Quality facilitate regional water planning efforts, ensure localities coordinate in the development of water supply plans, prioritize allocation of funding to localities that participate in regional planning, and provide estimates of water supply shortfalls for each locality and region. The amendments require that each regional water supply plan clearly identify the regional planning area's water supply risks and propose regional strategies to address those risks. The proposed amendments revise the existing water supply plan development, submission, and review procedures to accommodate regional plans and other new requirements and clarify the roles of localities, stakeholders, and the department in the regional planning process.

Issues: Advantages from the proposed regulatory change for the public, including private citizens and businesses, include a regional water supply plan scope that addresses sources within a basin that cross jurisdictional boundaries, increased opportunities to participate in the water supply planning process, the potential for more resilient and efficient water supply systems that include regional projects in any evaluation of future infrastructure development, and more consideration of potential risks to water supply beyond deficits. Planning that includes coordinated evaluation of common regional water sources at the regional scale allows for improved optimization of the use of these resources and may increase water availability for future water needs. There are no disadvantages to the public.

Advantages for the agency and Commonwealth include the potential for water supply systems to be more resilient to drought and other water supply risks, requiring fewer emergency related permit modifications or variances. Planning that considers cumulative demands and water supply risks, and that promotes regional strategies to address water supply deficits and risks, establishes local certainty, allowing faster response to economic development opportunities. Effects of this could include smoother and more efficient permit application processes for water supply projects, fewer variances or emergency actions due to drought or other acute conditions, and more efficient and cost effective use of state and local resources with respect to water supply infrastructure. The proposed amendments will reduce the number of plan submittals from 48 under the current framework to 26, potentially reducing the staff time required for certain administrative tasks related to plan development and review. There are no disadvantages to the agency or the Commonwealth.

Advantages to the regulated community, including local governments, water authorities, self-supplied water users, and other stakeholders that elect to participate in the planning process, include a more robust water supply plan that addresses shared water resources that cross local government boundaries and considers water supply risks and strategies. Clarifications to the plan development, submittal, and review process will address areas of concern or confusion identified during implementation of the existing regulation. Stakeholders that choose to participate in the plan development have more opportunities to ensure their needs and concerns are considered. Planning regionally may also assist localities in identifying or strengthening regional partnerships to better manage new demands associated with growth or unexpected increases in demand from new economic development opportunities. Potential disadvantages to this group include eliminating the ability to plan locally for localities that prefer that approach and the potential for additional administrative complexity in plan development as a result of planning with a greater number of localities and stakeholders.

Department of Planning and Budget's Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 1105 of the 2020 Acts of Assembly,² the State Water Control Board (Board) proposes to amend 9VAC25-780 Local and Regional Water Supply Planning to (i) establish regional water supply planning areas, (ii) identify the particular regional planning area in which each locality shall participate, (iii) require that regional plans identify water supply risks and propose regional strategies to address them, (iv) list risks for regional planning units to consider, and (v) add new requirements for increased stakeholder involvement. Pursuant to Chapter 331 of the 2022 Acts of Assembly,³ the proposed regulation includes a mechanism for localities to request a change of its designated regional planning area to an adjoining planning area that is based on water supply source, river basin, or existing or planned cross-jurisdictional relationship. The Board also proposes new and amended text for several operational items such as how disagreements or lack of consensus among local governments within a regional planning area should be handled, as well as clarifications and updates in terminology.

Background. The Local and Regional Water Supply regulation (9VAC25-780) was promulgated in 2005 pursuant to Chapter 227 of the 2003 Acts of Assembly,⁴ which required the Board to establish a comprehensive water supply planning process for the development of local, regional, and state water supply plans. This legislative action and subsequent regulation were in response to the 2001-2002 drought, during which many water supplies within the Commonwealth experienced inadequate supply to meet demands.⁵

Under the current regulation, all localities are required to submit a plan, but they can choose to develop a plan independently (local plan) or they may choose to plan regionally with other localities (regional plan). In total, 48 water supply plans were submitted in 2008, of which 10 were local plans and 38 were regional plans. In contrast to the proposed amendments, the current planning regions were not specifically determined based on a river basin or with respect to shared sources of water supply.⁶

Each local and regional plan must be reviewed no later than five years after the Board last determined that it was in compliance. If this review indicates that circumstances have changed, or new information has been made available indicating that water demands would not be met by the alternatives contained in the plan, then a revised plan must be submitted to the Board. These circumstances may be caused by changes in demands, the availability of the anticipated source, cumulative impacts, in-stream beneficial uses, or other factors.⁷ If a review indicates that circumstances have not changed sufficiently to warrant a revised plan, then the locality or regional planning unit must notify the Department of Environmental Quality (DEQ) that the existing plan is still in effect. Plans are to be reviewed, revised, and resubmitted to DEQ every 10 years after the date of last approval, regardless of whether circumstances have changed. According to DEQ, all localities complied in 2013 and 2018.

Estimated Benefits and Costs:

Regional Planning Areas. As mentioned, the current planning regions were not specifically determined based on river basin or with respect to shared sources of water supply. Planning based on river basin, as would occur under the proposed regulation, should result in a more robust plan that addresses shared resources across localities. It may reduce future conflicts over shared resources, permitting challenges, and improve cost-efficiency of new projects via regional cooperation. Such outcomes are beneficial to managing the resources in a manner that meets water supply needs.

Water Supply Risks and Regional Strategies. The statutorily mandated requirement specified in the regulation that regional plans identify water supply risks and propose regional strategies to address them may be consequential, to the extent that these items have not been already addressed in plans. Having water supply risks and proposed regional strategies addressed in plans could improve the ability of the region and the localities that comprise them to address water supply problems in the future. DEQ estimates that fulfilling this requirement would require approximately 10 to 20 additional hours of staff time for each locality during each plan development cycle (once every five to 10 years). Some localities are unlikely to have the in-house staff that can perform this work and would need to hire consultants. DEQ does not have an estimate for the associated cost but states that it would be a small component of the overall plan development effort and is unlikely to significantly increase cost.

Stakeholders and Public Participation. The current regulation states that there must be a local public hearing during the development of the local (or regional) plan. It also states that the plan shall include a record of the local public hearing, a copy of all written comments, and the submitter's response to all written comments received. The Board proposes to add that "The regional planning unit shall give due consideration to public comments and may revise the draft regional water supply plan."

The current definition of "regional planning unit" is: "a collection of local governments who have voluntarily elected to develop and submit a regional water plan. A regional planning unit may be composed of all local governments located within the bounds of a planning district, any subset of local governments within the bounds of a planning district, or any group of local governments within multiple planning districts."

The board proposes to amend this definition to read "a collection of local governments, water authorities, and participating stakeholders [emphasis added] that shall develop and submit a regional water supply plan. Planning district commissions are encouraged to participate in the regional planning unit."

The current regulation does not address stakeholders. The Board proposes to add the following definition for "stakeholders": "includes industrial and agricultural water users, public water authorities, private water suppliers, developers and economic development organizations, and conservation and environmental organizations."

Further, the Board proposes to specify that "Each local government shall make reasonable efforts to consult and coordinate with all community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within its jurisdiction during the preparation of regional water supply plans. Regional planning units shall develop a process for other stakeholder participation in the preparation of a regional water supply plan." and "The following documents and supporting materials shall be appended to and submitted with the regional water supply plan. A summary of the processes used to ensure cross-jurisdictional coordinated water resource planning between local governments and to ensure stakeholder consultation including a list of local governments and stakeholders that participated during the regional water supply plan development, including the process developed."

Thus, the proposed regulation does appear to require more opportunity for participation from stakeholders in the development of water supply plans than does the current regulation. This may improve the information upon the plans are based and potentially increase support from affected entities. It would also likely require additional staff time for local governments, although the amount of time is not known.

Businesses and Other Entities Affected. All governments for counties, cities, and incorporated towns in the Commonwealth would be affected by the proposed amendments. All users of water may be affected. Stakeholders such as industrial and agricultural water users, public water authorities, private water suppliers, developers and economic development organizations, and conservation and environmental organizations would be particularly affected.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁸ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As described, there will likely be some increase in costs for local governments related to (i) the requirement that regional plans identify water supply risks and propose regional strategies and (ii) the required increased stakeholder involvement. Because those new requirements essentially stem from the legislation, no adverse impact is indicated for the proposed regulation.

Small Businesses⁹ Affected.¹⁰ The proposed amendments do not appear to adversely affect small businesses.

Localities¹¹ Affected.¹² The proposal affects all localities and all local governments in the Commonwealth. Local governments that do not have the internal capacity to identify water supply risks and propose regional strategies to address them would be particularly affected.

Projected Impact on Employment. The proposed requirements for accommodating increased stakeholder participation and identifying water supply risks and propose regional strategies to address them would effectively require some additional staff time for local governments every five to 10 years, but the additional time is unlikely to require new staff. However, some consulting firms that provide services related to identifying water supply risks and proposing regional strategies to address them would likely gain some new business. If particular firms gain contracts for a substantial number of local governments, the demand may be enough to result in a small increase in employment.

Effects on the Use and Value of Private Property. The statutory requirement specified in the regulation that regional plans identify water supply risks and propose regional strategies to address them may result in some increased business for consulting firms that help identify such risks and strategies. These firms may thus increase moderately in value. The proposed amendments do not otherwise appear to directly affect real estate development costs.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²See https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1105

³See https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0331

⁴See https://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0227&031+ful+CHAP0227

⁵Source: Department of Environmental Quality

⁶Ibid

⁷Source: 9VAC25-780-50.D https://law.lis.virginia.gov/admincode/title9/agency25/chapter780/section50/

⁸Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁹Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹⁰If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹¹"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹²Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to the Economic Impact Analysis: The Department of Environmental Quality has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

Pursuant to Chapter 1105 of the 2020 Acts of Assembly and Chapter 331 of the 2022 Acts of Assembly, the proposed amendments (i) establish regional planning areas; (ii) identify the particular regional planning area in which each locality shall participate and a procedure for a locality to request a change to its planning area; (iii) require localities to invite stakeholder groups to participate in coordinated resource planning; (iv) incorporate language to address new statutory requirements that the Department of Environmental Quality facilitate regional water planning efforts, ensure localities coordinate in the development of water supply plans, prioritize allocation of funding to localities that participate in regional planning, and provide estimates of water supply shortfalls for each locality and region; (v) require that each regional water supply plan clearly identify the regional planning area's water supply risks and propose regional strategies to address those risks; (vi) revise the existing water supply plan development, submission, and review procedures to accommodate regional plans; and (vii) clarify the roles of localities, stakeholders, and the department in the regional planning process.

9VAC25-780-10. Application.

A. All counties, cities and towns (hereinafter "local governments") local governments in the Commonwealth of Virginia shall submit a local water supply plan or shall participate in a regional planning unit in the submittal of a regional water supply plan to the board in accordance with this chapter participate in cross-jurisdictional, coordinated water resource planning and shall develop and submit, with the other local governments within a regional planning area, a single jointly produced regional water plan to the board.

B. The provisions of this regulation shall not affect any water supply project for which a permit application was submitted prior to January 1, 2003, to any state or federal agency. The provisions of this regulation shall not affect any water supply project for which To the extent any provision of this chapter is applicable to or otherwise affects an application for a permit, license, grant, loan, or other request for funding has been of any kind made to a state or federal agency prior to January 1, 2003, such application shall be subject to the version of this chapter in effect on the date the application is submitted. All projects shall remain subject to applicable federal and state regulatory requirements.

C. B. Nothing in this chapter shall be construed as altering or authorizing any alteration of any existing surface water, ground water groundwater, or common law water rights; contractual rights or obligations relating to water supplies; or rights to freely enter into contracts or agreements relating to water supplies of any property owner within the Commonwealth local government, water authority, or person, except as required by federal or state law.

D. C. The review required by 9VAC25-780-140 shall not be a prerequisite for applying for a permit from the Commonwealth of Virginia for a water supply project.

9VAC25-780-20. Purpose of chapter.

The purpose of this chapter is to establish a comprehensive water supply planning process for the collection of certain data by localities and the development of local, regional, and state water supply plans. This process shall be designed to (i) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth; (ii) encourage, promote, and protect all other beneficial uses of the Commonwealth's water resources; and (iii) encourage, promote, and develop incentives for alternative water sources, including but not limited to desalinization; and (iv) encourage the development of cross-jurisdictional water supply projects.

This chapter establishes the required planning process and criteria that local governments with the participation of other stakeholders shall use in the development of the local data and regional water supply plans.

9VAC25-780-30. Definitions.

Unless otherwise defined in this chapter or unless the context clearly indicates otherwise, the terms used in this regulation chapter shall have the meanings ascribed to them by the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia; the Ground Water Management Act of 1992, Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia; the Virginia Water Protection Permit Program Regulation, 9VAC25-210; and the Surface Water Management Area Regulation, 9VAC25-220, including any general permits issued thereunder.

"Beneficial use" means both in-stream and offstream uses. In-stream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, and commercial and industrial uses has the meaning defined in 9VAC25-210-10 with respect to surface water and the meaning defined in 9VAC25-610-10 with respect to groundwater.

"Board" means the State Water Control Board.

"Community water system" means a waterworks that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents, and is regulated by the Virginia Department of Health Waterworks Regulations (12VAC5-590).

"Conservation" means practices, techniques, and technologies that improve the efficiency of water use.

"Department" means the Department of Environmental Quality.

"Local government" means a city, incorporated town, or county.

"Local program" means the combined water plan, resource conditions, and drought response and contingency plan developed in compliance with this regulation. The term "local program" will be used in this regulation to mean either local or regional programs. The term "program" implies the institution of a continuous planning process for maintenance of these documents.

"Planning area" means the geographical area as defined by local government boundaries that is included in a local or regional water supply plan.

"Planning period" means the 30-year to 50-year time frame timeframe used by the locality local governments and regional planning units to project future water demand in accordance with 9VAC25-780-100 B.

"Regional planning area" means the geographical area as defined by 9VAC25-780-45 that is included in a regional water supply plan.

"Regional planning unit" means a collection of local governments who have voluntarily elected to, water authorities, and participating stakeholders that shall develop and submit a regional water supply plan. A regional planning unit may be composed of all local governments located within the bounds of a planning district, any subset of local governments within the bounds of a planning district, or any group of local governments within multiple planning districts. Planning district commissions are encouraged to participate in the regional planning unit.

"Regional water supply plan" means a water plan the document developed and submitted by two or more cities or counties or both. A town and an adjacent county may develop a regional water plan. Two or more towns may develop and submit a regional water plan where the plan results in the proposed development of future water supply projects that address the water supply demands of the affected towns. Such plans developed by two or more towns may be included in regional water plans developed and submitted by counties or cities. Regional water plans shall be developed and submitted in conjunction with all public service authorities operating community water systems within the by a regional planning unit, if applicable for a regional planning area in compliance with 9VAC25-780-50 D.

"Self-supplied user" means any person making a withdrawal of surface water or ground water groundwater from an original source (e.g., a river, stream, lake, aquifer, or reservoir fed by any such water body) for their own use. Self-supplied users do not receive water from a community water system.

"Service area" means the geographical area served by a community water system.

"Stakeholder" includes industrial and agricultural water users, public water authorities, private water suppliers, developers and economic development organizations, and conservation and environmental organizations.

"State Water Resources and Supply Plan" is a plan developed to address the criteria of § 62.1-44.38 B of the Code of Virginia using information developed by local governments and used to develop regional water supply plans.

"Technical evaluation committee" means a committee of state agencies, including but not limited to the Virginia Department of Health, the Department of Conservation and Recreation, the Marine Resources Commission, the Department of Historic Resources, and the Department of Game and Inland Fisheries Wildlife Resources, convened by the Department of Environmental Quality in accordance with subdivision 8 of 9VAC25-780-60 to provide comments on the impacts to or conflicts among in-stream and offstream beneficial uses resulting from proposed alternatives for meeting projected water demands.

"Unaccounted for losses water" means the difference between a community water system's billing records for volumes of water distributed and production records for volumes of water treated.

"Water authority" means a water supply entity created under Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2 of the Code of Virginia.

"Water conservation" means practices, techniques, and technologies that improve the efficiency of water use.

"Water demand management" means plans for improving water use efficiency through water conservation, reuse, and reducing unaccounted for water losses contained in a local program.

"Water plan" means a document developed in compliance with this regulation. The term "water plan" will be used in this regulation to mean either local or regional water plans.

"Water sources" means wells, stream intakes, and springs, reservoirs, or aquifers that serve as sources of water supplies.

"Water supply risk" refers to a future circumstance or event that may reasonably impair the ability of one or more local governments, water authorities, or community water systems in the water planning area to meet current or projected water demand within the planning period. Water supply risks do not include (i) minor, infrequent, and temporary interruptions to the available water supply or water quality that may be remedied through the normal operation and maintenance of water supply systems; (ii) projected deficits in water supplies identified in accordance with the requirements of 9VAC25-780-100 I; or (iii) potential events or circumstances that are not reasonably foreseeable to occur within the planning period.

9VAC25-780-40. Program development. (Repealed.)

Local governments shall develop programs for local or regional water plans that are necessary to comply with this chapter. Local governments shall consult and coordinate with all community water systems in the planning area during the preparation of local or regional programs. Community water systems within the planning area shall cooperate and participate with the locality during preparation of the local program. Counties, cities, and towns are encouraged to develop regional programs. Local programs shall be designed to (i) ensure that adequate and safe drinking water is available, (ii) encourage and protect all beneficial uses, (iii) encourage and promote alternative water sources, and (iv) promote conservation.

9VAC25-780-45. Designation of Regional Planning Areas.

A. Regional planning areas are designated in subsection B of this section. Incorporated towns not listed in subsection B of this section shall participate in the same regional planning area as the county within which they are located.

B. The board designates the following regional planning areas:

1. The Big Sandy and Upper Tennessee Rivers 1 planning area encompasses the Counties of Lee, Scott, and Wise; and the City of Norton.

2. The Big Sandy and Upper Tennessee Rivers 2 planning area encompasses the Counties of Buchanan, Dickenson, Russell, Smyth, Tazewell, and Washington; and the City of Bristol.

3. The Chowan River 1 planning area encompasses the Counties of Brunswick, Lunenburg, Nottoway, and Prince Edward.

4. The Chowan River 2 planning area encompasses the Counties of Greensville, Surry, and Sussex; and the City of Emporia.

5. The Eastern Shore planning area encompasses the Counties of Accomack and Northampton.

6. The Middle James River 1 planning area encompasses the Counties of Albemarle, Buckingham, Fluvanna, Greene, and Louisa; and the City of Charlottesville.

7. The Middle James River 2 planning area encompasses the Counties of Amherst, Appomattox, Campbell, and Nelson; and the City of Lynchburg.

8. The Middle James River 3 planning area encompasses the Counties of Amelia, Chesterfield, Cumberland, Dinwiddie, Goochland, Hanover, Henrico, Powhatan, and Prince George; and the Cities of Colonial Heights, Hopewell, Petersburg, and Richmond.

9. The New River 1 planning area encompasses the Counties of Bland, Giles, Montgomery, and Pulaski; and the City of Radford.

10. The New River 2 planning area encompasses the Counties of Carroll, Floyd, Grayson, and Wythe; and the City of Galax.

11 The Northern Coastal Plain 1 planning area encompasses the Counties of Lancaster, Northumberland, Richmond, and Westmoreland.

12. The Northern Coastal Plain 2 planning area encompasses the Counties of Essex, King and Queen, Mathews, and Middlesex.

13. The Northern Coastal Plain 3 planning area encompasses the Counties of Caroline and King George.

14. The Northern Piedmont 1 planning area encompasses the Counties of Culpeper, Fauquier, Madison, Orange, and Rappahannock.

15. The Northern Piedmont 2 planning area encompasses the Counties of Spotsylvania and Stafford; and the City of Fredericksburg.

16 The Northern Virginia planning area encompasses the Counties of Fairfax, Loudoun, and Prince William; and the Cities of Alexandria, Arlington, Fairfax, Falls Church, Manassas, and Manassas Park.

17. The Roanoke River 1 planning area encompasses the Counties of Bedford, Franklin, and Roanoke; and the Cities of Bedford, Roanoke, and Salem.

18. The Roanoke River 2 planning area encompasses the Counties of Henry, Patrick, and Pittsylvania; and the Cities of Danville and Martinsville.

19. The Roanoke River 3 planning area encompasses the Counties of Charlotte, Halifax, and Mecklenburg.

20. The Shenandoah River 1 planning area encompasses the Counties of Augusta and Rockingham; and the Cities of Harrisonburg, Staunton, and Waynesboro.

21. The Shenandoah River 2 planning area encompasses the Counties of Clarke, Frederick, Page, Shenandoah, and Warren; and the City of Winchester.

22. The Southeast Virginia planning area encompasses the Counties of Isle of Wight and Southampton; and the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach.

23 The Upper James River 1 planning area encompasses the Counties of Alleghany, Bath, and Highland; and the City of Covington.

24. The Upper James River 2 planning area encompasses the Counties of Botetourt, Craig, and Rockbridge; and the Cities of Buena Vista and Lexington.

25. The York and James River 1 planning area encompasses the Counties of Charles City, King William, and New Kent.

26. The York and James River 2 planning area encompasses the Counties of Gloucester, James City, and York; and the Cities of Hampton, Newport News, Poquoson, and Williamsburg.

C. A local government may request that the department change its designated regional planning area to an adjoining planning area. The request shall be in writing and shall demonstrate that the local government shares common water supply sources, river basin, or existing or planned cross-jurisdictional relationships with the planning area it proposes to join. The department will provide notice of the request to all designated representatives of local governments in the two affected regional planning areas. If no objections are received by the department within 30 days of notifying the designated representatives, the department shall approve the request. If one or more objections are received, the department shall approve or deny the request after considering the positions of the requesting and objecting parties in light of the purpose and objectives of this chapter. The department shall provide notice of any action to approve or deny a request to modify a regional planning area concurrently to the requesting local government and all other designated representatives in the affected regional planning areas. Department action approving a request shall be effective on the date the notice is provided.

9VAC25-780-50. Preparation of local information and regional water supply plan; submission of requirements for a program regional water supply plan.

A. Local governments must adopt a local program as defined in this section, including any revisions to comprehensive plans, water supply plans, water and sewer plans, and other local authorities necessary to implement this chapter. A local public hearing consistent with § 15.2-1427 of the Code of Virginia is required during the development of the local program. The public hearing may be combined with other public hearings that may be required Each locality in a regional planning area shall assist its regional planning unit in developing and submitting a single jointly produced regional water supply plan to the department within five years from (insert the effective date of the regulation). To meet this requirement, local governments must complete the following for use by the regional planning unit:

1. Prepare water source information from its jurisdiction that complies with 9VAC25-780-70.

2. Prepare existing water use information from its jurisdiction that complies with 9VAC25-780-80. This information must include a review of water reporting data provided by the department and supplemented to the extent practicable, with any locally known omissions of water users and service area maps for public water utilities.

3. Prepare existing water resource information from its jurisdiction that complies with 9VAC25-780-90.

4. Prepare a 30-year demand projection of water demand and any alternatives for deficits in meeting this demand from existing sources of supply for its jurisdiction that complies with 9VAC25-780-100.

5. Prepare water demand management information from its jurisdiction that complies with 9VAC25-780-110.

6. Prepare a minimum three-stage drought response and contingency plan for its jurisdiction consistent with local sources of supply and water use patterns that complies with 9VAC25-780-120.

B. All local governments shall submit a local program to the department in accordance with the following schedule:

1. Local governments with populations in excess of 35,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2008.

2. Local governments with populations in excess of 15,000 persons but no more than 35,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2009.

3. Local governments with populations less than or equal to 15,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2010.

4. Notwithstanding the above, local governments may elect to participate in the submittal of regional water supply plans. By November 2, 2008, local governments participating in a regional plan shall provide notice to the department of the intent to participate in a regional plan and shall include the names of the other participating localities. Such regional plans shall be submitted no later than November 2, 2011.

Nothing in this section shall be construed as limiting the submittal of local or regional water supply plans before the date when such plans are due. In developing a regional water supply plan, regional planning units shall use the following process:

1. Each local government and water authority shall designate a representative and one or more alternates to represent its interests in the regional planning unit by submitting the names and contact information of such individuals to the department within (insert date 60 days from the effective date of the regulation). Local governments and alternates may jointly represent the local government and any water authority created by the local government. The department will collect and distribute the contact information for the designated representatives and alternates, and a list of the available data for all registered community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, to the members of each respective planning unit. The department shall maintain a current list of designated representatives and alternates and shall make the list publicly available to facilitate coordinated water supply planning.

2. The department will schedule and convene a kickoff meeting for each regional planning unit to provide guidance on the regional water plan development process, requirements, and timelines. The department will provide notice of the kickoff meeting, at a minimum, to (i) each designated representative for the regional planning unit; (ii) any other community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within the respective regional planning area; and (iii) any planning district commission whose territory includes all or part of the regional planning area. A kickoff meeting will be convened within (insert date 180 days from the effective date of this regulation). On the department's initiative or at the request of any designated representative, the department will schedule a kickoff meeting in preparation for revising a regional water supply plan in accordance with subsections I and J of this section.

3. Subdivisions B 1 and B 2 of this section shall not apply to any regional planning unit in which a planning district commission notifies the department that it will coordinate local government participation in the regional water supply plan development process in accordance with its authority under Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2 of the Code of Virginia. Such notice may be submitted by any planning district commission whose territory includes the entire regional planning area. If the regional planning area embraces the territory of more than one planning district commission, a joint notice may be submitted by or on behalf of all such planning district commissions.

4. Each local government shall make reasonable efforts to consult and coordinate with all community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within its jurisdiction during the preparation of regional water supply plans. Regional planning units shall develop a process for other stakeholder participation in the preparation of a regional water supply plan.

5. To the extent practicable, regional water supply plans shall be consistent with the goals of § 62.1-44.38:1 A of the Code of Virginia to (i) ensure that adequate and safe drinking water is available; (ii) encourage and protect all beneficial uses; (iii) encourage and promote alternate water sources, including desalinization; (iv) promote water conservation; and (v) encourage the development of cross-jurisdictional water supply projects.

C. Local programs shall contain the elements listed below governments shall be responsible for collecting and compiling the information from within their locality necessary to comply with these requirements. This Any information may required to be collected, compiled, or provided by a local government shall be derived from existing, readily available information and additional detailed. Additional studies shall not be required. Information is readily available to a local government if it is (i) in the possession of the local government; (ii) provided by the department; (iii) available from a website or electronic database known to and accessible by the local government in an appropriate format; or (iv) provided by a third party in response to a written request from the local government. The regional water supply plan shall document any known information gaps.

D. Regional water supply plans shall contain the following elements:

1. A description of existing water sources in accordance with the requirements of 9VAC25-780-70;

2. A description of existing water use in accordance with the requirements of 9VAC25-780-80;

3. A description of existing water resource conditions in accordance with the requirements of 9VAC25-780-90;

4. An assessment of projected water demand in accordance with the requirements of 9VAC25-780-100;

5. A description of water management actions in accordance with the requirements of 9VAC25-780-110 and 9VAC25-780-120;

6. An identification of water supply risks and regional strategies to address identified risks in accordance with the requirements of 9VAC25-780-125;

7. A statement of need for the regional planning unit in accordance with the requirements of 9VAC25-780-130 9VAC25-780-100;

7. 8. An alternatives analysis that identifies potential alternatives to address projected deficits in water supplies in accordance with the requirements of 9VAC25-780-130; 8. 9VAC25-780-100; and

9. A map or maps identifying important elements of the program discussed in the water supply plan that may include existing environmental resources, existing water sources, significant existing water uses, and proposed new sources;

9. A copy of the adopted program documents including any local plans or ordinances or amendments that incorporate the local regional program elements required by this chapter;

10. A resolution approving the plan from each local government that is party to the plan; and

11. A record of the local public hearing, a copy of all written comments and the submitter's response to all written comments received.

D. All local programs shall be reviewed no later than five years after a compliance determination by the board E. Except as provided in subsection F of this section, a draft regional water supply plan shall not be deemed final and eligible for submission to the department until:

1. The public participation process in 9VAC25-780-55 has been completed; and

2. Each of the governing bodies of the local governments in the regional planning area has adopted a resolution authorizing the submission of the plan by the regional planning unit on the local government's behalf and provided a copy of the resolution to the regional planning unit.

F. If a local government fails or refuses to timely adopt the resolution referenced in subsection E of this section, the regional planning unit may provide written notice to the department identifying such local government. The regional planning unit may submit the water supply plan without a local government's authorization 60 days after the notice is provided to the department.

G. Regional water supply plans shall reflect the consensus of the local governments and water authorities in the regional planning unit. The regional planning units shall attempt to resolve any disagreement to produce a consensus. Any disagreements among local governments or water authorities that cannot be resolved through the plan development process shall be documented in the plan.

H. The following documents and supporting materials shall be appended to and submitted with the regional water supply plan.

1. A copy of supporting documents including any revisions to comprehensive plans, water supply plans, water and sewer plans, and other local ordinances necessary to implement the regional water supply plan;

2. Copies of any drought response and contingency plans required by 9VAC25-780-120;

3. A resolution approving the regional water supply plan from each local government;

4. A copy of all written comments and a response to all written comments received as required by 9VAC25-780-55; and

5. A summary of the processes used to ensure cross-jurisdictional coordinated water resource planning between local governments and to ensure stakeholder consultation, including a list of local governments and stakeholders that participated during the regional water supply plan development, including the process developed in accordance with subdivision B 4 of this section. Copies of any public notices, written comments received, and responses to the comments shall be included. Other correspondence and documentation, such as invitations, meeting agendas, and outreach materials may be included and shall be provided upon request by the department.

I. No later than 180 days before the five-year anniversary of the most recent compliance determination by the board in accordance with 9VAC25-780-140 F. Revised plans shall be submitted when, each regional planning unit shall initiate a process to review the regional water supply plan. If this review indicates that circumstances have changed or new information has been made available that will result in impacts one or more local governments within a regional planning unit resulting in substantial changes in current or proposed sources, demands, or water demands demand deficits or water supply risks that will were not be met by alternatives contained considered in the regional water plan, the regional planning unit shall prepare a supplement to the regional water supply plan addressing such circumstances or changed information. These The supplement shall be submitted to the department no later than 180 days after the five-year anniversary of the most recent compliance determination. Such circumstances may be caused by include changes in demands, the availability of the anticipated source sources, cumulative impacts, in-stream beneficial uses, or other factors. In the case where the review by the local government or regional planning unit indicates that the circumstances have not changed sufficiently to warrant a revision of the water supply plan after five years, the locality regional planning unit shall notify the department that the information in the existing plan is still in effect the most current available on or before the five-year anniversary of the most recent compliance determination. The actions of each regional planning unit under this subsection shall reflect the consensus of its local governments. A supplement to a regional water supply plan need not be publicly noticed or approved by resolution of the local governments.

E. J. Notwithstanding subsection D I of this section, all local programs regional water supply plans shall be reviewed, revised, and resubmitted to the department every 10 years after the date of last approval in accordance with procedures and requirements set forth in this chapter. Except in regional planning areas for which notice has been provided by a planning district commission in accordance with subdivision B 3 of this section, no later than 180 days before the 10-year anniversary of the most recent compliance determination by the board, the department shall schedule and convene a kickoff meeting to initiate the planning process for the development of the regional water supply plan. In regional planning areas for which notice has been provided by a planning district commission in accordance with subdivision B 3 of this section, the identified planning district commission shall convene a kickoff meeting no later than 180 days before the 10-year anniversary of the most recent compliance determination and shall invite the department to participate.

9VAC25-780-55. Public participation in regional water supply plans.

A. The draft regional water supply plan developed by the regional planning unit shall be publicly noticed once in a newspaper of general circulation in each county, city, and incorporated town in the regional planning area. A public notice in a newspaper of general circulation that covers multiple localities within a regional planning area shall satisfy this requirement for each local government included within that area of general circulation. The public notice shall include the following:

1. Brief description of the purpose of the draft regional water supply plan, including a list of all localities included in the regional planning area;

2. Identification of means for the public to obtain copies of the draft regional water supply plan in electronic and paper formats;

3. Announcement of a comment period of at least 30 days following the date of publication for interested persons to submit written comments to their respective local government;

4. Brief description of how to submit comments; and

5. Either (i) notice of a public informational meeting or (ii) a statement informing persons of their right to request a public informational meeting.

B. If 15 or more individual requests for a public informational meeting are received from commenters in any county, city, or incorporated town, the county, city, or incorporated town shall publish a second public notice of a public informational meeting to be held no sooner than 15 days from the date of the notice. Local governments may hold joint informational meetings.

C. A public informational meeting shall include a presentation summarizing the draft regional water supply plan and a reasonable opportunity for interested members of the public to offer comments or questions on the draft plan.

D. The local government shall accept any additional written comments received up to 15 days after the public informational hearing.

E. Written comments received by any local government shall be circulated to the designated representative for the other local governments in the regional planning area. Responses to public comments shall be prepared in either of the following ways, as determined by the regional planning unit:

1. Each local government shall prepare a written summary of any comments it has received and a response to those comments; or

2. The regional planning unit shall prepare a joint document providing a summary and response to all comments received by each local government in the regional planning area.

F. The regional planning unit shall give due consideration to public comments and may revise the draft regional water supply plan. The revised regional water supply plan need not be publicly noticed.

9VAC25-780-60. State role in program regional water supply plan preparation.

To assist local governments in the development of local programs regional water supply plans, the board department will:

1. Provide technical and financial assistance planning, policy, and technical assistance to each regional planning area differentiated according to each area's water supply challenges, existing resources, and other factors;

2. Provide financial assistance from any planning funds and prioritize the allocation of planning funds and other available funds to local governments that sufficiently participate in regional planning;

3. Provide guidance on compliance options;

3. 4. Facilitate acquisition of existing water resource conditions (the department shall prepare and post on its website a list of readily available sources for the items identified in 9VAC25-780-90 B);

4. 5. Facilitate acquisition of existing use information that has been reported to the department;

5. 6. Facilitate acquisition of water management information (the department shall prepare and post on its website a list of acceptable practices that are used with regard to the topics in 9VAC25-780-110);

6. 7. Identify acceptable methods for the projection of future water demands as per 9VAC25-780-100;

7. 8. Provide any information regarding known beneficial use conflicts relating to the development of alternatives as identified in the most recent State Water Resources and Supply Plan;

8. 9. Convene kickoff meetings for the regional planning units;

10. Follow up with localities that have been identified as not participating in the regional planning unit and the development of the regional water supply plan;

11. Ensure that local governments coordinate sufficiently in the development of regional plans;

12. Ensure that each regional plan clearly identifies the region's water supply risks and proposes strategies to address those risks;

13. At the request of the applicant, convene a technical evaluation committee meeting; and

9. 14. Provide notice on the department website of local public hearings informational meetings on the local program regional water supply plan upon notification by the locality.

9VAC25-780-70. Existing water source information.

A. Each local government within the regional planning area shall provide existing water source information to assist in the development of the regional water supply plan. A regional water supply plan shall include current information on existing water sources within the regional planning area.

B. Each local government within the regional planning area shall provide existing water source information for community water systems using groundwater to assist in the development of the regional water supply plan. A regional water supply plan shall include, for community water systems using ground water, groundwater: (i) the name and identification number of the well or wells, (ii) the well depth, (iii) the casing depth, (iv) the screen depth (top and bottom) or water zones, (v) the well diameter, (vi) the design capacity for the designed average daily withdrawal and maximum daily withdrawal, (vii) the system capacity permitted by the Virginia Department of Health, and (viii) the annual and monthly permitted amounts contained in ground water withdrawal permits for all wells located within ground water management areas.

C. Each local government within the regional planning area shall provide existing water source information for community water systems using surface water reservoirs to assist in the development of the regional water supply plan. A regional water supply plan shall include, for community water systems using surface water reservoirs,: (i) the name of the reservoirs, (ii) the sub-basins in which the reservoirs are located, (iii) the drainage area, (iv) the amount of on-stream storage available for water supply, (v) the design capacity for designed average daily and maximum daily withdrawals from the reservoirs, (vi) the safe yield of the reservoirs, (vii) the capacity of any associated water treatment plant, (viii) the Virginia Department of Health permitted capacity of the systems, and (ix) any limitations on withdrawal established by permits issued by the department. For a community water system that operates a system of interconnected reservoirs, the reporting of the design capacity for withdrawals, designed average daily withdrawal, the designed maximum daily withdrawal and the safe yield information may be presented for the entire system or may be reported as subsets of the system, except that the plan must report the drainage area and amount of storage available for water supply from each reservoir independently. The plan shall designate which reservoirs and which intakes constitute a system for the purposes of this paragraph subsection. The plan must report the drainage area and amount of storage available for water supply from each reservoir independently.

D. Each local government within the regional planning area shall provide existing water source information for community water systems using stream intakes to assist in the development of the regional water supply plan. A regional water supply plan shall include, for community water systems using stream intakes,: (i) the name of the stream or river, (ii) the drainage area of the intake, (iii) the sub-basin in which the intake is located, (iv) the design capacity for designed average daily and designed maximum daily withdrawal from the stream, (v) the safe yield, (vi) the lowest daily flow of record, (vii) the design capacity of the pump station, (viii) the design capacity of the water treatment plant, (ix) the capacity of the system permitted by the Virginia Department of Health, and (x) any limitation on withdrawals established by permits issued by the department.

E. To the extent that information is available, a assist the development of the regional water supply plan, each local government shall review the data provided by the department for self-supplied users of more than 300,000 gallons of surface water in any one month. Local governments shall review this information and provide information for any locally known withdrawals of more than 300,000 gallons in any one month not identified in the dataset provided. A regional water supply plan shall include a list of for all self-supplied users of more than 300,000 gallons per in any month of surface water for nonagricultural uses,: (i) the name of the water body utilized, (ii) the design capacity for the designed average daily and maximum daily withdrawal, and (iii) any limitation on withdrawals established by permits issued by the department, the Virginia Department of Health, or any other agency.

F. To the extent that information is available, a assist the development of the regional water supply plan, each local government shall review the data provided by the department for sell-supplied users of more than 300,000 gallons of groundwater in any one month. Local governments shall review this information and provide information for any locally known withdrawals of more than 300,000 gallons in any one month not identified in the dataset provided. A regional water supply plan shall include, for all self-supplied users of more than 300,000 gallons per in any month of ground water groundwater for nonagricultural uses,: (i) the name and identification number of the well or wells, (ii) the well depth, (iii) the casing depth, (iv) the screen depth (top and bottom) or water zones, (v) the well diameter, (vi) the design capacity for the designed average daily and maximum daily withdrawal and (vii) any limitation on withdrawal established by permits issued by the department, the Virginia Department of Health, or any other agency.

G. To assist the development of the regional water supply plan, each local government shall review the data provided by the department for community water systems with existing contractual agreements to receive raw or finished water deliveries from another party. Local governments shall review this information and provide information for any locally known contractual agreements not identified in the dataset provided. A regional water supply plan shall include, for any community water systems with existing contractual agreements to receive raw or finished water deliveries from another party: (i) the source of the water to be provided under the contract, (ii) the amount of ground groundwater or surface water to be purchased contractually available to be delivered to the community water system from a water supply systems outside the geographic boundaries of the planning area system on a maximum daily and average annual basis, (iii) any contractual limitations on the purchase delivery of the water, including but not limited to the term of any contract or agreement, (iv) the recipient(s) recipients or areas served by the water purchased, and (v) the name(s) name of the supplier(s) any supplier.

H. A regional water supply plan, if practicable, shall include an estimate of the amount of water available to be purchased outside the planning area from any source with the capacity to withdraw more than 300,000 gallons per in any month of surface and ground water or groundwater, reported on a maximum daily and average annual basis and any contractual limitations on the purchase of the water including but not limited to the term of any contract or agreement, the geographic region(s) that receive the water purchased, and the name(s) of the supplier(s) and that is not addressed by subsection G of this section.

I. To assist the development of the regional water supply plan, each local government shall review the data provided by the department related to agricultural users who utilize more than 300,000 gallons in any month. Local governments shall review this information and provide information for any locally known agricultural users of more than 300,000 gallons in any month not identified in the dataset provided. A regional water supply plan shall include, to the extent possible, (i) a list of agricultural users who utilize more than 300,000 gallons per in any month, (ii) an estimate of total agricultural usage by source, (iii) whether the use is irrigation or nonirrigation, (iv) the maximum capacity of the intake or well, and (v) whether the source is surface or ground water or groundwater.

J. To assist the development of the regional water supply plan, each local government shall provide an estimate of the number of residences and businesses that are self-supplied by individual wells withdrawing less than 300,000 gallons in any month and an estimate of the population served by individual wells. A regional water supply plan shall include an estimate of the number of residences and businesses that are self-supplied by individual wells withdrawing less than 300,000 gallons per in any month and an estimate of the population served by individual wells.

K. When available, a water plan shall include a summary of findings and recommendations from applicable source water assessment plans or wellhead protection programs.

9VAC25-780-80. Existing water use information.

A. Each local government within the regional planning area shall provide information documenting existing water use information to assist in the development of the regional water supply plan. A regional water supply plan shall include, at a minimum, current information documenting existing water use as listed below in this section for each local government within the regional planning area. Water use information shall be obtained from the Virginia Department of Health waterworks permit compliance reports, the department ground water groundwater permit compliance reports or, department water use reports provided to each local government, or other appropriate available sources. Information shall be reported for the most recent previous annual compilation of such data that is available on the date of submission of the water plan. Each local government shall be responsible for reviewing the water use information for their locality and obtaining this information from any known omissions in the dataset.

B. A regional water supply plan shall include the following information for each community water systems system within the regional planning area:

1. The population within the planning area served by each community water system served.

2. The number of service connections within the planning area for each community water system.

3. The average and maximum daily withdrawal for each community water system within the planning area of groundwater or surface water over the most recent five-year period.

4. The amount of water used within the planning area on an annual average basis, and on an average monthly basis for each community water system expressed in terms of million gallons per day over the most recent five-year period.

5. The peak day water use by month for each community water system within the planning area.

6. An estimate of the water used on an average annual basis by self-supplied nonagricultural users of more than 300,000 gallons per in any month of surface water and ground water groundwater within the service area of each the community water system.

7. An estimate of the amount of water used on an average annual basis by self-supplied agricultural users of more than 300,000 gallons per in any month of surface water and ground water groundwater within the service area of each the community water supply system.

8. An estimate of the number of self-supplied users of less than 300,000 gallons per in any month of ground water groundwater and an estimate of the total amount of water used by them on an annual average basis within the service area of each the community water supply system.

9. For each community water system included in the water plan, the plan shall include an An estimate of the disaggregated amounts of water used in categories of use appropriate for the system. Typical categories may include:

a. Residential use;

b. Commercial, institutional, and light industrial (CIL) use;

c. Heavy industrial use;

d. Military water use;

e. Water used in water production processes;

f. Unaccounted for losses;

g. Sales to other community water systems and the names of such systems; or

h. Subtotals of the above categories for all community water systems.

10. To the extent that information is available or sources of information are provided by the department pursuant to 9VAC25-780-60 and other sources, for each community water system included in the water plan using stream intakes, the plan shall include a qualitative description of existing in-stream beneficial uses within the planning area or outside the planning area that may be affected by the point of stream withdrawal.

C. A Using information provided by the department and any additional locally identified data, a regional water supply plan shall include an estimate of the water used on an average annual basis by self-supplied nonagricultural user users of more than 300,000 gallons per in any month of surface water and ground water groundwater outside the service areas of community water systems.

D. A Using information provided by the department and any locally identified data, a regional water supply plan shall include an estimate of the amount of water used on an average annual basis by self-supplied agricultural users of more than 300,000 gallons per in any month of surface water and ground water groundwater outside the service areas of community water systems.

E. A Using information provided by the department and any additionally identified data, a regional water supply plan shall include an estimate of the number of self-supplied users of less than 300,000 gallons per in any month of ground water groundwater and an estimate of the total amount of water used by them on an annual average basis outside the service areas of community water systems.

9VAC25-780-90. Existing water resource information.

A. A program shall include a description of Each local government within the regional planning area shall provide information documenting existing geologic, hydrologic, and meteorological conditions to assist in the development of the regional water supply plan. A regional water supply plan shall include a description of existing geologic, hydrologic, and meteorological conditions within the planning area, and in proximity to the point of withdrawal if it is outside the planning area.

B. A program regional water supply plan shall include a description of existing environmental conditions that pertain to, or may affect, in-stream flow, in-stream uses, and sources that provide the current supply. This description of conditions may be provided in a distinct section of the plan document or as a part of the existing water sources information required pursuant to 9VAC25-780-70. This information may be derived from existing, readily available sources of information and additional detailed, and information provided by the department. Additional studies shall not be required. The description of conditions shall include the following items, as they are applicable:

1. State or federal listed threatened or endangered species or habitats of concern;

2. Anadromous, trout, and other significant fisheries;

3. River segments that have recreational significance, including state scenic river status;

4. Sites of historic or archaeological significance;

5. Unusual geologic formations or special soil types;

6. Wetlands;

7. Riparian buffers and conservation easements;

8. Land use and land coverage, including items such as percentage of impervious cover within a watershed and areas where new development may impact water quality of the source;

9. The presence of impaired streams and the type of impairment;

10. The location of point source discharges; and

11. Potential threats to the existing water quantity and quality, other than those from above Water availability based on in-stream flow necessary to support aquatic life provided by the department as identified in the most recent version of the State Water Resources and Supply Plan.

9VAC25-780-100. Projected water demand information; statement of need and alternatives.

A. Each local government within the regional planning area shall provide projections of future water demand to assist in the development of the regional water supply plan. A regional water supply plan shall include projections of future water demand as listed below for each local government within the regional planning area in accordance with this section. Population in aggregate and disaggregate formulations should be estimated according to information from the U.S. Census Bureau, Bureau of Economic Analysis, the Virginia Employment Commission, or other accepted source of population information, including but not limited to, local or regional sources. Demand projection methodologies should be consistent with those outlined in the American Water Works Association or American Society of Civil Engineers manuals by the department consistent with 9VAC25-780-60. Sources of information and methodologies used in projecting future water demand shall be documented.

B. A regional water supply plan shall estimate water demand within the planning area for a minimum of 30 to a maximum of 50 years into the future. While not required, localities are encouraged to plan for the maximum planning period to ensure that the most appropriate and sustainable alternatives are identified.

C. A regional water supply plan shall include an estimated future water use projected at the beginning of each decade (2010, 2020, 2030, etc.) within the planning period.

D. A regional water supply plan shall include the following projections for community water systems:

1. An estimate of population within the planning area served by each community water system;

2. A map depicting the proposed service area of each existing or proposed community water system;

3. Estimated water demand for each existing or proposed community water system on both an annual average and peak monthly basis;

4. Estimated water demand for each existing or proposed community water system disaggregated into categories of use appropriate for the system. Typical categories may include:

a. Residential use;

b. Commercial institutional and light industrial (CIL) use;

c. Heavy industrial use;

d. Military water use;

e. Water used in water production processes;

f. Unaccounted for losses;

g. Sales to other community water systems and the names of such systems; or

h. Subtotals of the above categories listed in this subsection for all community water systems; and or

i. Projected water demands with and without water conservation pursuant to 9VAC25-780-110 B; and

5. Total projected water demand for all existing or proposed community water systems disaggregated into the categories used in subdivision 4 of this subsection.

E. A regional water supply plan shall include a projection of water demand within the regional planning area on an annual average basis for each existing and any proposed self-supplied nonagricultural user of more than 300,000 gallons per in any month of surface water and ground water located outside the service areas of community water systems groundwater.

F. A regional water supply plan shall include a projection of the amount of water use on an annual average basis for each existing and any projected self-supplied agricultural user of more than 300,000 gallons per in any month of surface water and ground water located outside the service areas of community water systems groundwater.

G. A regional water supply plan shall include a projection of the number of self-supplied users of less than 300,000 gallons per in any month of ground water groundwater and a projection of the amount of water used on an annual average basis outside the service areas of community water systems.

H. Each local government within the regional planning area shall assist in the development of the regional water supply plan by determining the adequacy of existing water sources to meet current and projected demand by preparing a clear statement of need that is derived from an evaluation of the information required by 9VAC25-780-70 through 9VAC25-780-110. The statement of need shall contain, at a minimum, a determination of whether the existing sources are adequate to meet current and projected demands. If the determination is that existing sources are inadequate to meet current or projected demands during the planning period, each local government shall identify a reasonable range of potential alternative sources of supply to address the shortfall in demand. The list of alternatives shall include:

1. Potential water savings from water demand management actions, including an estimated volume for each action; and

2. Potential sources for new or alternative supplies, including an estimated volume from each source.

I. If any local government in the regional planning area determines that one or more existing sources within its jurisdiction is inadequate to meet projected demands during the planning period, or the regional strategies proposed in 9VAC25-780-125 include the development of new or alternative water sources, the regional water supply plan shall include an alternatives analysis with the following elements:

1. A statement of need that addresses the location, magnitude, and timing of the projected shortfall in demand within the regional planning area;

2. Identification of a reasonable range of alternatives that potentially may satisfy the stated need, including all alternatives identified by a local government under subsection G of this section, and, as appropriate, other (i) water savings from water demand management actions, including an estimated volume for each action; (ii) sources for new water supplies, such as wells, reservoirs, impoundments and stream intakes, or aquifers, and an estimated volume from each source; (iii) nontraditional means of increasing supplies, such as interconnection, desalination, recycling, and reuse; and (iv) cross-jurisdictional regional approaches for shared development of new sources or expanding existing sources;

3. For each alternative to which it applies, a statement of any potential water availability issues identified by the board in the most recent review of the regional water supply plan or the State Water Resources and Supply Plan in accordance with 9VAC25-780-140 G, for each potential new source that any future water project will need to consider in its development; and

4. An assessment of whether the identified alternatives are (i) available; (ii) practicable in terms of cost, logistics, and existing technology; (iii) avoid and minimize the need for water to the extent practicable; and (iv) are sufficient to satisfy the need alone or in combination with other short-term or long-term alternatives.

J. A regional water supply plan shall include address, if available, any cumulative demand, use conflict, or in-stream flow information developed identified by the board in the most recent review of the regional water supply plan or most recent version of the State Water Resources and Supply Plan pursuant to 9VAC25-780-140 G.

I. K. A regional water supply plan shall explain how the projected needs of domestic consumption, in-stream uses, and economic development have been accounted for in the demand projection for the planning period.

9VAC25-780-110. Water demand management information.

A. Each local government within the regional planning area shall provide information documenting existing water demand management plans or practices to assist in the development of the regional water supply plan.

B. As part of a long-term strategy, a regional water supply plan shall address water conservation as a part of overall water demand management in accordance with the following requirements:

1. A regional water supply plan shall include information that describes practices describe strategies for more efficient use of water that are used within the regional planning area. The type of measures to be described may include, but are not limited to, the adoption and enforcement of the Virginia Uniform Statewide Building Code (13VAC5-63) sections that limit maximum flow of water closets, urinals, and appliances; use of low-water use landscaping; and increases in irrigation efficiency.

2. A regional water supply plan shall include information describing describe the water conservation measures used within the regional planning area to conserve water through the reduction of use. The types of measures to be described may include, but are not limited to, technical, educational, and financial programs.

3. A regional water supply plan shall include information that describes describe, within the regional planning area, the practices to address water loss in the maintenance of water systems to reduce unaccounted for water loss. The types of items to be described may include, but are not limited to: leak detection and repair and old distribution line replacement.

B. C. Current water conservation practices, techniques, and technologies shall be considered in projecting water demand pursuant to 9VAC25-780-100 D.

9VAC25-780-120. Drought response and contingency plans.

A program A. Each local government with the regional planning area that includes contains within its geographic jurisdiction community water systems and self-supplied users who withdraw more than an average of 300,000 gallons per in any month of surface water and ground water groundwater shall contain develop a drought response and contingency plans in accordance with plan that contains the following requirements:

1. Drought response and contingency plans shall be structured to address the unique characteristics of the water source that is being utilized and the nature of the beneficial use of water. Direct stream intakes shall consider the lowest flow of record and reservoirs shall consider available usable storage to the extent practicable.

2. Drought response and contingency plans shall contain, at a minimum, the following three graduated stages of responses to the onset of drought conditions:

a. Each drought stage shall have specific triggers designed to address the particular vulnerabilities of each water source.

b. Drought watch stage responses are generally responses that are intended to increase awareness in the public and private sector to climatic conditions that are likely to precede the occurrence of a significant drought event. Public outreach activities shall be identified to inform the population served by a community water system of the potential for drought conditions to intensify and potential water conservation activities that may be utilized.

b. c. Drought warning stage responses are generally responses that are required when the onset of a significant drought event is imminent. Voluntary water conservation activities shall be identified with the goal of reducing water use by 5-10%.

c. d. Drought emergency stage responses are generally responses that are required during the height of a significant drought event. Mandatory water conservation activities shall be identified with the goal of reducing water use by 10-15%.

3. Drought response and contingency plans shall include references to local ordinances, if adopted, and procedures for the implementation and enforcement of drought response and contingency plans.

B. If there is a conflict between subsection A of this section and any condition of a permit issued by the department, a drought response and contingency plan shall conform to the permit and, to the extent practicable and consistent with the permit, subsection A of this section.

C. Each regional planning area, to the extent practicable, shall evaluate the feasibility of developing a regional drought response and contingency plan as part of the regional water supply plan. If a regional drought contingency and response plan is developed, it shall include all of the elements identified in the subsection A of this section.

D. If a regional drought response and contingency plan is not feasible, the regional water supply plan shall include a summary description of any cross-jurisdictional coordination efforts on drought response.

9VAC25-780-125. Identification of water supply risks and proposed regional strategies.

A. A regional water supply plan shall identify water supply risks. For each water supply risk identified the likelihood and severity of the impact on water supply in the regional water supply plan shall be evaluated.

B. In evaluating potential water supply risks, the regional planning unit shall consider, at a minimum, the following:

1. The findings of any wellhead protection or source water protection plans developed for sources of supply in the regional planning area;

2. The potential effects of climate change or need for climate resiliency;

3. Reduction in availability to meet water supply demands during short-term droughts and long-term droughts due to current demands, increasing demands, new withdrawals, or other factors;

4. Reduction in availability of groundwater from coastal plain or fractured rock aquifers due to current or increasing demands or new withdrawals;

5. The water needs of other beneficial uses, including aquatic habitat and waste assimilative capacity;

6. Reductions in available supply due to a lack of assessment or failure to address excessive rates of unaccounted water;

7. Affordability of costs for developing new or maintaining existing sources, infrastructure improvements, and impacts to rates for water customers; and

8. Other water supply risks as identified by the local governments.

C. The regional water supply plan shall identify and evaluate a reasonable range of potential regional strategies or projects to address each identified water supply risk. Each strategy or project shall include, at a minimum, the following information:

1. A description of the strategy or project and the local governments and stakeholders that would be involved if implemented; and

2. An analysis of how the strategy or project would mitigate the impact of risk. For strategies or projects intended to address risks associated with a reduction in available water supply, an estimate of how the strategy would impact available water supply shall also be included.

D. Regional strategies or projects may address more than one risk. Cross-jurisdictional strategies or projects shall be considered to the extent practicable. Strategies may include water conservation elements included in the water demand management information and drought response and contingency plans required by 9VAC25-780-110 and 9VAC25-780-120 respectively. Projects that include alternative water sources or the expansion of existing sources shall be included in the analysis of alternatives required by 9VAC25-780-100 I.

9VAC25-780-130. Statement of need and alternatives. (Repealed.)

A. A water plan shall determine the adequacy of existing water sources to meet current and projected demand by preparing a clear statement of need that is derived from an evaluation of the information required by 9VAC25-780-70 through 9VAC25-780-110. The statement of need shall contain, at a minimum, a determination of whether the existing source(s) is adequate to meet current and projected demands.

B. If the determination is that the existing source is inadequate to meet projected demands during the planning period, the program shall include an alternative analysis of potential sources that includes the following information:

1. A description of potential water savings from water demand management actions including an estimated volume for each action;

2. A description of potential sources for new supplies including an estimated volume from each source; and

3. A description of potential resource issues or impacts, identified in accordance with 9VAC25-780-140 G, known for each potential new source that any future water project will need to consider in its development.

C. Potential alternatives considered shall include water demand management alternatives as well as more traditional means of increasing supply, i.e., wells, reservoirs, impoundments and stream intakes. Where appropriate, the program shall consider nontraditional means of increasing supplies such as interconnection, desalination, recycling and reuse. The analysis of potential alternatives may include a combination of short-term and long-term alternatives. The result of this analysis shall be provided as part of the submission required by 9VAC25-780-50 C 7.

9VAC25-780-140. Review of local programs regional water supply plans.

A. The board shall review all programs regional water supply plans to determine compliance with this regulation chapter and consistency with the State Water Resources and Supply Plan. The board will review adopted elements of a local program regional water supply plan according to review policies adopted by the board. Copies of the adopted local program regional water supply plan documents and subsequent changes thereto shall be provided to the board department.

B. To assist in the review of the program regional water supply plans, the board shall provide the Virginia Department of Health and other agencies listed in 9VAC25-780-150 B along with any other agency the board deems appropriate, 90 days to evaluate the program regional water supply plans. Comments must be received from the Virginia Department of Health or other agency by the deadline stipulated in the written notification from the board.

C. The board will assess the compliance of submitted programs regional water supply plans with these regulations this chapter. The board shall prepare a tentative statement of findings on whether the program regional water supply plan has demonstrated compliance with the following:

1. All elements of a local program regional water supply plan identified in 9VAC25-780-50 have been submitted;

2. The program regional water supply plan was developed through a planning process consistent with this chapter;

3. The results of any evaluation conducted pursuant to subsection G of this section have been appropriately accommodated;

4. The existing sources information complies with 9VAC25-780-70;

5. The existing water use information complies with 9VAC25-780-80;

6. The existing resources information complies with 9VAC25-780-90;

7. The projected water demand is based on an accepted methodology and complies with 9VAC25-780-100;

8. The water demand management information complies with 9VAC25-780-110;

9. The drought response and contingency plan complies with 9VAC25-780-120;

10. The region's water supply risks have been identified and regional strategies to address those risks have been proposed and comply with 9VAC25-780-125;

10. 11. The statement of need complies with 9VAC25-780-130 A 9VAC25-780-100 H;

11. 12. When required, the alternatives comply analysis complies with 9VAC25-780-130 9VAC25-780-100;

13. The regional water supply plan demonstrates sufficient cross-jurisdictional coordination between local governments and consultation with stakeholders during regional water supply plan development in accordance with 9VAC25-780-50; and

12. 14. The local program regional water supply plan is consistent with 9VAC25-390-20, § 62.1-11 of the Code of Virginia, and Chapter 3.2 (§ 62.1-44.36 et seq.) of Title 62.1 of the Code of Virginia.

D. If the board's tentative decision is to find the local program regional water supply plan in compliance with subsection C of this section, the board shall provide public notice of its findings pursuant to 9VAC25-780-150.

E. If the tentative decision of the board is to find the local program regional water supply plan in noncompliance with subsection C of this section this chapter, the board shall identify (i) the reason for the finding of noncompliance, (ii) what is required for compliance, and (iii) and the right to an informational proceeding under Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of the Virginia Administrative Process Act.

F. The board shall make a final decision on whether the local program regional water supply plan is in compliance with this chapter after completing review of the submitted program regional water supply plan, any agency comments received, and any public comment received from a public meeting held pursuant to 9VAC25-780-160.

G. In conjunction with the compliance determination made by the board, the state will develop additional information and conduct additional evaluation of local or regional alternatives in order to facilitate continuous planning. This additional information shall be included in the State Water Resources and Supply Plan and used by made available to localities for use in their program planning. This information developed by the department shall include:

1. A cumulative demand analysis, based upon information contained in the State Water Resources Plan and other sources An estimate of current water withdrawals and use for agriculture, domestic use, and other significant categories of water users;

2. The evaluation of alternatives prepared pursuant to 9VAC25-780-130 B and C A projection of water withdrawals and use by agriculture, industry, domestic use, and other significant categories of water users;

3. The evaluation of potential use conflicts among projected water demand and estimates of requirements for in-stream flow; and An estimate, for each major river and stream, of the minimum in-stream flows necessary during drought conditions to maintain water quality and avoid permanent damage to aquatic life in streams, bays, and estuaries;

4. An evaluation of the relationship between the local plan and the State Water Resources Plan, to the extent practicable, of the ability of existing subsurface and surface waters to meet current and future water uses, including minimum in-stream flows, during drought conditions;

5. An evaluation, in cooperation with the Virginia Department of Health and local water supply managers, of the current and future capability of public water systems to provide adequate quantity and quality of water;

6. An estimate, using a data-driven method that includes multiple reasonable assumptions about supply and demand over varying timeframes, of the risk that each locality and region will experience water supply shortfalls; and

7. An evaluation, to the extent practicable, of hydrologic, environmental, economic, social, legal, and jurisdictional aspects identified.

H. The board department may facilitate information sharing and discussion among localities when potential conflicts arise with regard to demands upon a source.

I. A local program's regional water supply plan's information shall be included in the State Water Resource and Supply Plan when determined to be in compliance by the board.

9VAC25-780-150. Public notice and public comment period.

A. The board shall give public notice on the department website for every tentative and final decision to determine local program regional water supply plan compliance.

B. The board shall give public notice to the Virginia Department of Health, the Department of Conservation and Recreation, the Marine Resources Commission, the Department of Historic Resources, and the Department of Game and Inland Fisheries Wildlife Resources for every tentative and final decision on program regional water supply plan compliance. The agencies shall have 90 days to submit written comment. At the request of the applicant, the board will convene a technical evaluation committee meeting to facilitate receipt of these comments.

C. The board shall provide a comment period of at least 30 days following the date of the public notice for interested persons to submit written comments on the tentative or final decision. All written comments submitted during the comment period shall be retained by the board and considered during its final decision.

D. Commenters may request a public meeting when submitting comments. In order for the board to grant a public meeting, there must be a substantial public interest and a factual basis upon which the commenter believes that the proposed program regional water supply plan might be contrary to the purposes stated in 9VAC25-780-20.

E. The contents of the public notice of a proposed program regional water supply plan compliance determination shall include:

1. Name(s) Names and address(es) addresses of the locality(ies) localities that submitted the local or regional water plan;

2. Brief synopsis of the proposed plan, including any identified future alternatives;

3. The name(s) names of the principal water supply sources;

4. A statement of the tentative determination to certify or deny consistency with the regulation;

5. A brief description of the final determination procedure;

6. The address, e-mail email address, and phone telephone number of a specific person at the state office from whom further information may be obtained; and

7. A brief description on how to submit comments and request a public meeting.

9VAC25-780-160. Public meetings.

A. Public notice of any public meeting held pursuant to 9VAC25-780-150 shall be circulated as follows:

1. Notice shall be published on the department website;

2. Notice shall be published once in a newspaper of general circulation in the each county, city, or town where the local or regional water supply plan is in effect; and

3. Notice of the public meeting shall be sent to all persons and government agencies that requested a public meeting or have commented in response to the public notice.

B. Notice shall be effected pursuant to subdivisions A 1 through 3 subsection A of this section at least 30 days in advance of the public meeting.

C. The content of the public notice of any public meeting held pursuant to this section shall include at least the following:

1. Name and address of the localities who prepared the program regional water supply plan;

2. The regional planning area covered by the program regional water supply plan;

3. A brief reference to the public notice issued for the comment period, including the date of issuance unless the public notice includes the public meeting notice;

4. Information regarding the time and location for the public meeting;

5. The purpose of the public meeting;

6. A concise statement of the relevant water resources planning, water quality, or fish and wildlife resource issues raised by the persons requesting the public meeting;

7. Contact person and the address, e-mail email address, and phone telephone number of the department office at which the interested persons may obtain further information or request a copy of the draft statement of findings prepared pursuant to 9VAC25-780-140 D; and

8. A brief reference to the rules and procedures to be followed at the public meeting.

9VAC25-780-180. Enforcement.

A. Enforcement of this chapter will be in accordance with §§ 62.1-44.15, 62.1-44.23, and 62.1-44.32 of the Code of Virginia.

B. A local government shall not be liable for the inability of the local government or its regional planning unit to comply with any requirement of this chapter caused by the failure or refusal of any other local government, community water system, or self-supplied user to comply with any provisions of this chapter.