Virginia Law

A. Any application to initiate a new withdrawal or expand an existing withdrawal in any groundwater management area or the reapplication at the end of a permit cycle for all permits shall require a water conservation and management plan before the application or reapplication is considered complete. The department shall review all water conservation and management plans and ensure that such plans contain all elements required in subsection B of this section. The approved plan shall become an enforceable part of the approved permit.

B. A water conservation and management plan is an operational plan to be referenced and implemented by the permittee. Water conservation and management plans shall be consistent with local and regional water supply plans in the applicant's geographic area developed as required by 9VAC25-780. The water conservation and management plan shall be specific to the type of water use and include the following:

1. For a public water supply, the required water conservation and management plan shall include:

a. A water auditing plan for an annual water loss audit in accordance with the American Water Works Association (AWWA) methodology for water loss auditing, using the most recent version of the AWWA Water Audit Software or another methodology approved by the department that estimates water loss.

(1) A water loss audit using an approved methodology shall be conducted annually. The requirement to conduct an annual water loss audit shall begin upon permit issuance. By the end of the first year of the permit term, the permittee shall submit documentation to the department that the water loss audit has been initiated. This documentation shall include activities completed during the first year of the permit term.

(2) The applicant shall report the results of the annual water loss audits in a report submitted at a minimum every three years. The report shall also include any revisions to the water auditing plan over the short term and long term.

b. A leak detection and repair plan shall be submitted as a component of the water conservation and management plan. The leak detection and repair plan shall indicate how its implementation will be informed by the results of the annual water loss audit process and shall be updated during each new permit term. The plan shall include:

(1) A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;

(2) Where practicable, a process for the identification of equipment needs to quantify and reduce water loss;

(3) Where practicable, a schedule for inspection of equipment and distribution systems for actual water losses; and

(4) In the report required by subdivision 1 a (2) of this subsection, a description of the leak detection and repair plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short term and long term.

c. Other components of a water conservation and management plan include:

(1) A water use education program that contains requirements for the education of water users and training of employees controlling water consuming processes to ensure that water conservation principles are well known by the users of the resource. The program shall include a schedule for information distribution and the type of materials used;

(2) An evaluation of water reuse options and assurances that water shall be reused in all instances where reuse is practicable. Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included;

(3) Where practicable, a requirement for the use of water-saving equipment and processes for all water users, including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water demand. Information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided. Water conservation and management plans shall discuss high volume water consumption by users on the system and where conservation measures have previously been implemented and shall be applied. Where appropriate, the use of water-saving fixtures in new and renovated plumbing, as provided in the Virginia Uniform Statewide Building Code (13VAC5-63), shall also be identified in the plan; and

(4) Requirements for mandatory water use reductions during water shortage emergencies declared by the local governing body or water authority consistent with §§ 15.2-923 and 15.2-924 of the Code of Virginia. This shall include, where appropriate, ordinances in municipal systems prohibiting the waste of water generally and requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. The water conservation and management plan shall also contain requirements for mandatory water use restrictions during water shortage emergencies that restricts or prohibits all nonessential uses such as lawn watering, car washing, and similar nonessential residential, industrial, and commercial uses for the duration of the water shortage emergency. Penalties for failure to comply with mandatory water use restrictions shall be included in municipal system plans.

2. For a commercial and industrial user, the required water conservation and management plan shall include:

a. A water auditing plan for a water loss audit to be conducted beginning in the first three years of the permit term. The plan shall include a description of the methodology used to estimate the water loss for the operation and the quantity of water used throughout the facility.

(1) A water loss audit using this methodology shall be conducted once every three years. The requirement to conduct a water loss audit shall begin upon permit issuance. Documentation shall include activities completed during the first three years of the permit term.

(2) The applicant shall conduct a water loss audit and report the results of the water loss audit in a report submitted every three years.

b. A leak detection and repair plan shall be submitted as a component of the water conservation and management plan. The leak detection and repair plan shall indicate how its implementation will be informed by the results of the water loss audit process and shall be updated during each new permit term. The plan shall include:

(1) A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;

(2) Where practicable, a process for the identification of equipment needs to quantify and reduce water loss;

(3) Where practicable, a schedule for inspection of equipment and piping systems for actual water losses;

(4) Where practicable, a requirement for use of water-saving equipment and processes, including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water demand. The goal of these requirements is to ensure the most efficient use of groundwater. Information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided. Water conservation and management plans shall discuss high volume water processes in the facility and where conservation measures have previously been implemented and shall be applied. Where appropriate, the use of water-saving fixtures in new and renovated plumbing, as provided in the Virginia Uniform Statewide Building Code, shall also be identified in the plan; and

(5) In the report required by subdivision 2 a (2) of this subsection, a description of the plan's effectiveness in addressing water loss, including revisions to those elements of the water conservation and management plan that can be improved over the short term and long term.

c. Other components of a water conservation and management plan include:

(1) A water use education program that contains requirements for the education of water users and training of employees controlling water consuming processes to ensure that water conservation principles are well known by the users of the resource. The program shall include a schedule for information distribution and the type of materials used;

(2) An evaluation of water reuse options and assurances that water shall be reused in all instances where reuse is practicable. Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included;

(3) Where practicable, actions to encourage or provide incentives for the use of water-saving fixtures in new and renovated plumbing, as provided under the Virginia Uniform Statewide Building Code, shall be identified in the plan; and

(4) Requirements for complying with mandatory water use reductions during water shortage emergencies declared by the local governing body or water authority in accordance with §§ 15.2-923 and 15.2-924 of the Code of Virginia. This shall include, where appropriate, ordinances prohibiting the waste of water generally and requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. The water conservation and management plan shall also contain requirements for mandatory water use restrictions during water shortage emergencies that restricts or prohibits all nonessential uses such as lawn watering, car washing, and similar nonessential industrial and commercial uses for the duration of the water shortage emergency.

3. For an agricultural user, the required water conservation and management plan shall include:

a. A water auditing plan for an annual water loss audit that shall be conducted annually or periodically based on agricultural management plans or irrigation management plans, including the anticipated crop rotation schedule or livestock growth stages. The water auditing plan shall include an estimate of water loss for the agricultural operation and a description of the methodology used to determine the quantity of water used throughout the agricultural operation.

(1) A water loss audit using this methodology shall be conducted. The requirement to conduct a water loss audit shall begin upon permit issuance. By the end of the first year of the permit term, the permittee shall submit documentation to the department that the water loss audit has been initiated. This documentation shall include activities completed during the first year of the permit term.

(2) The applicant shall report the results of the water loss audit in a report submitted at a minimum every three years.

b. A leak detection and repair plan shall be submitted as a component of the water conservation and management plan. The leak detection and repair plan shall include:

(1) A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;

(2) For plans submitted for the use of groundwater for irrigation, identification of the specific type of irrigation system that will be utilized, the efficiency rating of the irrigation system in comparison to less efficient systems, the irrigation management methods used to minimize water demand, and the anticipated crop watering requirements. Multiple types of irrigation methods may be addressed in the plan. For livestock watering operations, plans shall include livestock watering requirements (per head) and processes to minimize waste of water. If these options are not implemented in the plan, information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided;

(3) Where practicable, a schedule for inspection of equipment and distribution systems for water loss;

(4) Where practicable, the use of water-saving equipment and processes, including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water loss. The goal of these requirements is to ensure the most efficient use of groundwater. Information on the water-saving alternatives examined and the water savings associated with the alternatives should be provided. Water conservation and management plans shall discuss high volume water consumption by processes in the agricultural operation and where conservation measures have previously been implemented and shall be applied. Where practicable, the use of water-saving fixtures in new and renovated plumbing, as provided in the Virginia Uniform Statewide Building Code, shall also be identified in the plan; and

(5) In the report required by subdivision 3 a (2) of this subsection, a description of the leak detection and repair plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short term and long term.

c. Other components of a water conservation and management plan include:

(1) A water use education program that contains requirements for the training of employees controlling water consuming processes to ensure that water conservation principles are well known by the users of the resource. The program shall include a schedule for training employees. This requirement may be met through training employees on water use requirements contained in irrigation management plans or livestock management plans;

(2) An evaluation of potential water reuse options and assurances that water shall be reused in all instances where reuse is practicable and not prohibited by other regulatory programs. Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included;

(3) Requirements for mandatory water use reductions during water shortage emergencies and compliance with ordinances prohibiting the waste of water generally. This shall include requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies; and

(4) The permittee may submit portions of Agricultural Management Plans or Irrigation Management Plans developed to comply with requirements of federal or state laws, regulations, or guidelines to demonstrate the requirements of subdivisions B 3 a through B 3 c (3) of this section are being achieved.