Vol. 36 Iss. 12 - February 03, 2020

Chapter 390
Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC25-390. Water Resources Policy (amending 9VAC25-390-20).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.36 of the Code of Virginia.

Effective Date: March 4, 2020.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238, or email

Small Business Impact Review Report of Findings: This final regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.


The amendments correct a cross reference to the Code of Virginia and the name of the Ground Water Management Act.

9VAC25-390-20. Responsibilities.

The board has established its Water Resources Policy in order to fulfill its statutory responsibilities under § 62.1-44.36 of the Code of Virginia, as follows:

1. Assure, insofar as possible, that domestic, municipal, industrial, agricultural, and other water quality and quantity needs are met at all times consistent with the responsibility of the Commonwealth to protect the natural values of Virginia's water resources, and to assure equitable allocation in times of shortage consistent with the requirements of Virginia law;

2. Protect wetlands in recognition of the dependence of these natural systems upon suitable water quality and in recognition of the contribution of these natural systems to natural values;

3. Recognize the importance of water transportation to the economy and recreation, and to assure the optimum use of the waterways of Virginia;

4. Recognize and foster the unique and diverse role of water in recreation;

5. To the maximum extent practicable, minimize hazards from floods to human life and to economic and natural values;

6. Assure that ground water groundwater withdrawals do not, on the average, exceed recharge, and protect any existing common law or statutory rights to use of ground waters groundwaters;

7. Provide policy guidance on the allocation of ground water groundwater in considering the issuance of groundwater permits within groundwater management areas under § 62.1-644.100 § 62.1-254 of the Code of Virginia (The Groundwater (Ground Water Management Act of 1973) 1992);

8. Exercise the responsibility of the Commonwealth within the framework of the existing common law riparian rights of land owners;

9. Evaluate the effect of projects and structures on:

a. Flexibility in future water resource use and project operation;

b. Cost effectiveness within the realistic alternatives available and within the constraints of public health and public safety;

c. Man-made historic and the natural environments;

d. The recommendations of other agencies with an interest in the projects and structures; and

e. Local, regional, and statewide land use plans and growth policies;

10. Minimize the bureaucratic process in order to facilitate cost effective implementation of water resources policy;

11. Assure that the management demands of a water resource project do not exceed the capability of that unit of government responsible for its operation and maintenance;

12. Take advantage of all federal water resource programs to the extent that these programs can provide timely assistance;

13. Promote technological innovations and be responsive to the institution of such advancements;

14. Encourage maximum public participation in the formulation and implementation of specific plans and projects; and

15. Recognize the importance of the preservation of critical reservoir sites for future water needs.

VA.R. Doc. No. R20-5982; Filed January 6, 2020, 2:50 p.m.